Karnataka High Court
The Bharat Sanchar Nigam Limited vs Smt. Sharada R S on 30 July, 2024
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WP No. 14322 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 14322 OF 2023 (S-CAT)
BETWEEN:
1. THE BHARAT SANCHAR NIGAM LIMITED,
REP. BY ITS CHAIRMAN
AND MANAGING DIRECTOR,
CORPORATE OFFICE (PERSONNEL -II SECTION),
BHARAT SANCHAR BHAVAN,
4TH FLOOR, JANPATH,
NEW DELHI - 110 001.
2. THE DIRECTOR VIGILANCE,
BHARAT SANCHAR NIGAM LIMITED,
CORPORATE OFFICE,
BHARAT SANCHAR BHAVAN,
Digitally 4TH FLOOR, JANPATH,
signed by K G
RENUKAMBA NEW DELHI - 110 001.
Location:
High Court of 3. THE CHIEF GENERAL MANAGER TELECOM,
Karnataka
KARNATAKA CIRCLE,
NO.1, SWAMY VIVEKANANDA ROAD,
HALASURU, BENGALURU - 560 008.
4. THE GENERAL MANAGER TELECOM,
CHITRADURGA TELECOM DISTRICT,
DEVARAJ URS LAYOUT,
DAVANGERE - 577 006.
...PETITIONERS
(BY SRI. Y HARIPRASAD, ADVOCATE)
AND:
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WP No. 14322 of 2023
1. SMT. SHARADA R S,
AGED ABOUT 57 YEARS,
W/O SRI CHANDRASHEKAR T,
JUNIOR TELECOM OFFICER,
LEASED CCTS,
O/O AGM INTERNAL BSNL CENTRE,
MAX-I BUILDING, P B ROAD,
DAVANGERE - 577 002.
(VOLUNTARILY RETIRED UNDER BSNL VRS 2019)
RESIDING AT NO.1394,
OPP. CMC PARK GATE ROAD,
NEAR SC/ST HOSTEL,
SARASWATHI NAGAR,
DAVANGERE - 577 004.
MOBILE NO.: 9449855537
2. THE CONTROLLER OF COMMUNICATION ACCOUNTS,
KARNATAKA, 1ST FLOOR, AMENITY BLOCK,
CMX COMPOUND, PALACE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. P A KULKARNI, ADVOCATE FOR R1,
SRI. B PRAMOD, CGC FOR R2)
THIS WP IS FILED PRAYING TO ISSUE WRIT OF
CERTIORARI AND QUASH THE ORDER DATED 11/11/2022 PASSED
IN ORIGINAL APPLICATION NO.170/00382/2020 AT ANNEXURE-A,
SO FAR AS ONLY TO THE EXTENT OF GRANTING THE INTEREST
AT THE GPF RATE GRANTED TO THE 1ST RESPONDENT, WHILE
DISBURSING WITH THE SERVICE BENEFITS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
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WP No. 14322 of 2023
ORAL ORDER
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
The present petition has been filed by the Bharat
Sanchar Nigam Limited ('BSNL' for short) and its
functionaries challenging the order dated 11.11.2022 passed
by the Central Administrative Tribunal, Bengaluru Bench
('the Tribunal' for short) in Original Application
No.170/00382/2020, whereby the Tribunal has directed the
petitioners herein in paragraphs No.10 and 11 as under:
"10. In the result, the respondents are directed to
issue final order of retirement and to release monetary
benefits due to the applicant in terms of BSNL Voluntary
Retirement Scheme 2019 notified by BSNL R-1 under
No.1-15/2019-PAT (BSNL), dated 04.11.2019 (Annexure
A1) along with GPF rate of interest till the date of
payment.
11. The compliance of this order shall be made by
the respondents in an expedite manner, in any event
not later than 12 weeks from the date of receipt of a
certified copy of this order. No order as to costs."
2. The only challenge to the order of the Tribunal is in
respect of grant of GPF rate of interest on the monetary
benefits that were due to the 1st respondent.
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3. The submission of learned counsel for the petitioners
is, the Tribunal could not have granted the interest as has
been granted in the impugned order. In support of his
submission, he has relied upon the following judgments to
contend that the Co-ordinate Bench of this Court has not
granted interest even though the payments made thereof
were delayed:
i) P. Sreenivasa -Vs.- Bharat Sanchar Nigam
Limited and Others [WP No.6241/2017,
decided on 10.08.2021];
ii) Union of India -Vs.- A. Francis Royan
[WP No.5557/2020 connected with WP No.
13113/2020, decided on 09.02.2021]
4. Having noted the fact in as much as the respondent
No.1 had given the notice for voluntary retirement, which
has been accepted by the petitioners, it was expected that
the petitioners shall release the retrial benefits including the
Gratuity and leave encashment to the 1st respondent
immediately thereafter. It appears that the petitioners
have not released the payments because of the
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issue of caste certificate, which is pending consideration with
them. The petitioners having accepted the request of
respondent No.1 for voluntary retirement, the necessary
consequence is, monetary benefits are required to be
released in favour of respondent No.1.
5. The plea of learned counsel for the petitioners is, the
notice for voluntary retirement was accepted subject to their
decision on the caste certificate. This submission is without
any merit, moreso when it is the stand of the petitioners in
the Writ Petition (at page No.3 of the petition) that they
have paid entire benefits to the respondent except interest
granted by the Tribunal. If that be so, the benefits having
been released after the order of the Tribunal, the delay
occurred would necessarily entail interest in favour of the
respondent.
6. We find that the Tribunal has limited the interest as
per the GPF rate of interest. If that be so, in the facts of this
case, the judgments as sought to be relied upon by the
learned counsel for the petitioners have no applicability,
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moreover award of interest is a discretionary relief to be
granted by a Court. In this case, the Tribunal having
granted the interest at GPF rate, we are of the view that the
impugned order does not call for any interference.
7. Accordingly, the Writ Petition is dismissed.
8. The order of the Tribunal for grant of interest shall
be implemented within a period of twelve weeks from today.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
PA
