Allahabad High Court
Suresh Chandra Shukla vs U.P. State Food And Essential ... on 4 January, 2023
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 6368 of 2022
Petitioner :- Suresh Chandra Shukla
Respondent :- U.P. State Food And Essential Commodities Corporation Ltd. Lko. Thru Managing Director And Another
Counsel for Petitioner :- Mahendra Pratap Singh,Abhishek Dwivedi
Counsel for Respondent :- Samanvya Dhar Dwivedi
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Shri Samanvya Dhar Dwivedi, learned counsel for the respondents.
Present petition has been filed alleging that the petitioner was selected as a salesman in the respondent/corporation in the year 1978 and retired after attaining the age of superannuation in the year 2014.
Grievance of the petitioner is that the medical bills of the wife of the petitioner to the tune of Rs.2,00,000/- were submitted by the petitioner but the same were not considered for reimbursement. The petitioner also claims that the benefits of 5th and 6th pay commission payable to the employees of the corporation was not extended to him and that the petitioner was entitled to the payment of leave encashment as well as gratuity which have not been paid to him.
During the course of argument, learned counsel for the petitioner specifically gives up the contention with regard to the benefit of 5th and 6th pay commission, however, submits that the petitioner is entitled for reimbursement of medical expenses, leave encashment as well as gratuity which have not been paid to the petitioner.
He further argues that no disciplinary proceedings were initiated or pending against the petitioner as on the date of retirement; he argues that even subsequent to the date of retirement, no proceedings have been initiated against the petitioner. He further argues that in any way, the law with regard to initiation of disciplinary proceedings post retirement have been settled by this Court in the case of Ashok Kumar Singh v. U.P. State Food and Essential Commodities Corp. & Ors.; Writ Petition No.17614 (SS) of 2021 decided on 18.8.2021 which has been upheld in Special Appeal Defective No.384 of 2021 (U.P. State Food & Essential Commodities Corp. & Ors. v. Ashok Kumar Singh) vide judgment dated 8.10.2021.
In the light of the said, he argues that once no proceedings are pending or could have been initiated subsequent to retirement of the petitioner, withholding gratuity and other allowances is without any authority of law and thus, violates the rights as enshrined in the petitioner by virtue of Article 300A of Constitution of India.
Learned counsel for the respondents has tried to justify the non-payment of the allowances payable to the petitioner mainly on three grounds: firstly, that with regard to reimbursement of medical bills, the same were not submitted in accordance with the rules; secondly, with regard to the recovery against the petitioner amounting to Rs.1,69,231.15/-, orders were passed on 21.4.1999 against which the petitioner preferred a writ petition which was dismissed and thus to that extent, the same can be appropriated by the respondent/corporation; and thirdly, with regard to the other amounts as sought to be recovered, counsel for the respondents places reliance on the communications, which are on record as SCA -2 & SCA - 3, to argue that it was revealed that certain amounts were also payable by the petitioner and thus, the amounts have rightly not been paid.
He also justifies the non-payment of leave encashment on the basis of amounts payable by the petitioner.
In rejoinder, learned counsel for the petitioner argues that with regard to the amount of Rs.1,69,231.15/- which was adjudicated against the petitioner prior to his retirement, the petitioner is not pressing his claim for payment as the same is subject matter of the outcome of Writ - A No.26534 of 1999.
He further argues that the amount of Rs.1,54,719/- as mentioned in the impugned order which was paid to the petitioner as advanced are also not being pressed for payment by the petitioner and may be appropriated from the amounts payable to the petitioner.
Considering the submission made at the Bar, it is clear that the petitioner after retirement was entitled to reimbursement of the medical expenses, leave encashment as claimed by him and the gratuity to which he was entitled by virtue of Section 4(1) of Payment of Gratuity Act, however, the said amounts have not been given on the ground that certain amounts appear to be outstanding against the petitioner.
There appears to be no consideration or orders passed with regard to medical expenses of which the petitioner seeks reimbursement, as such, the present petition is disposed off directing respondent no.2 to pass an order with regard to the said claim of the petitioner for reimbursement of medical expenses within a period of two months from today.
As regards claim of the petitioner for leave encashment, the impugned order itself records that the petitioner is entitled to the same and has also been quantified at Rs.2,22,000/- but the same has not been paid only on the ground that there appears that some amounts are payable by the petitioner which stand is wholly arbitrary, as there are no orders passed against the petitioner.
As regards the payment of gratuity, clearly the petitioner is entitled for payment of gratuity by virtue of Section 4(1) of the Payment of Gratuity Act and further there being nothing on record to justify the withholding of the gratuity, which can be withheld only in terms of Section 4 Sub-section 6 of the Payment of Gratuity Act and there being nothing on record that any order was passed against the petitioner prior to retirement, the withholding of gratuity is wholly unjustified. As such, the petition is allowed with direction to pay the amount of Rs.2,22,000/- towards leave encashment plus the gratuity to which the petitioner is entitled (out of the said two amounts the respondents can withhold amount of Rs.1,69,231.15/-) alongwith interest at the rate of 7% per annum from 30.6.2014 (date of retirement) till payment/realization. The amount of Rs.1,54,719/- taken by the petitioner as advance shall also be deducted from the total amount to be paid to the petitioner as directed above.
The amounts as directed above shall be computed and paid to the petitioner within a period of two months from today.
Order Date :- 4.1.2023
nishant
