Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11756 of 2003 ====================================================== 1. Bijay Kumar Singh, son of late Ram Chandra Singh, resident of Village Mologhat, P.S. Jadia, District Supaul 2. Bhag Narayan Prasad Singh, son of late Bisheshwar Prasad Singh, resident of Barauni (flag) Tola Kishanpur, P.S.Teghra, District Begusarai 3. Mani Mohan, son of Deo Narayan Singh, resident of Ramdiri, Tola Nakti Pachhiari, P.S. Matihani, District Begusarai 4. Pawan Kumar, son of Ramashish Singh, resident of Village Safapur, Police Station Naya Gaon, Matihani, District Begusarai 5. Nagendra Narayan Yadav, son of late Deo Narayan Yadav, resident of Chakballi, P.O. Noorpur, Police Station Barauni, District Begusarai 6. Ram Balak Das, son of late Bijal Das, resident of Village Bihat, Police Station Barauni, District Begusarai 7. Ram Naresh Mahto, son of Sri Sandagar Mahto, resident of Bhakatpur, Police Station Barauni, P.O. Tilrath, District Begusarai 8. Bipin Kumar Singh, son of Sri Ramashray Prasad Singh, resident of Bishanpur Chand, P.O. B.T.P.S. Police Station Barauni, District Begusarai 9. Ganesh Singh, son of late Bal Deo Singh, resident of Mahna, Police Station Barauni, District Begusarai 10. Ram Naresh Singh, son of Ram Sagar Singh, resident of Bihat, Police Station Barauni, District Begusarai 11. Adhik Saw, son of late Gugu Charan Sah, resident of Village Noorpur, Police Station Barauni, District Begusarai 12. Ram Bahadur Sah, son of late Ram Swarup Sah, resident of Village Tillrath, Police Station Barauni, District Begusarai 13. Awadh Kishore Singh, son of late Gandhari Singh, resident of Village Belehi, Police station Karandey, District Sekhpura
Legal Reasoning
14. Ganesh Sigh, son of Shri Soukni Singh, resident of Village Bihat, Police Station Barauni, District Begusarai 15. Sharan Kumar Mishra, son of late Baleshwar Prasad Mishra, resident of Village Bishanpur Chand, Police station Barauni, District Begusarai 2 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 2 / 9 16. Chandra Shekhar Sah, son of Bihari Sah, resident of Bihat, Tola Gurudaspur, Police Station Barauni, District Begusarai 17. Sachchidanand Singh, son of late Bateshwar Singh, resident of Village Bihat, Tola Ibrahimpur, Police Station Barauni, District Begusarai .... .... Petitioner/s Versus 1. The Union of India through Secretary, Ministry of Fertilizers and Chemical, Shastri Bhawan, New Delhi 2. Hindustan Fertilizers Corporation limited through Chief Managing Director, 55- Madhuban, Nehru Place, New Delhi 3. Chief Managing Director, Hindustan Fertilizers Corporation Limited, 55-Madhuban, Nehru Place, New Delhi 4. Chief Manager, Personal and Industrial relation, 55-Madhuban, Nehru Place, New Delhi 5. Chief Personnel Officer, Hindustan Fertilizers Corporation Limited, 55-Madhuban, Nehru Place, New Delhi 6. General Manager-cum-Incharge, Hindustana Fertilizer Corporation Limited, Barauni, Post Urvark Nagar, Police station Baruani, District Begusarai 7. Personnel Officer, Hindustan Fertilizer Corporation Limited, Post Urvarak Nagar, Police station Barauni, District Begusarai .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.K.Ghose, Sr. Advocate Mr. Raj kumar Rajesh, Advocate Mr. Dharmendra Kumar, Advocate Mr. Giridhar Gopal Tiwary, Advocate For the Respondent No. 6 : Mr. K.N.Gupta, Advocate Mr. S. K. Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 3 / 9 14 01-05-2013 Heard the parties. 2. The petitioners, 17 in number, have approached this Court under Article 226 of the Constitution of India, assailing the validity and correctness of the order/communication dated 6.10.2003 (Annexure-3) issued under the signature of respondent Chief Personnel Officer, Hindustan Fertilizer Corporation Limited, New Delhi ( in short „Corporation‟), whereby it was communicated to the respondent no. 6 that the Board of Directors of the respondent Hindustan Fertilizers Corporation Limited (respondent no.2) in its meeting dated 30.9.2003 has directed for release of the 19 employees of Barauni Unit of the Corporation including the petitioners under voluntary Separation Scheme (in short „VSS‟), but to withhold their VSS terminal benefits till final disposal of criminal case pending against them in the court of law. The petitioners have further prayed for issuance of directions to the respondents for Ex-gratia payment to them under VSS as also terminal benefits as contemplated by letter/Circular dated 19.9.2002 (Annexure-2) issued under the signature of the Chief Manager of the respondent Corporation. It has further been prayed on behalf of the petitioners that till full and final payment of Ex- gratia amount and terminal dues to them in terms of the letter dated 19.9.2002 (Annexure-2), the respondents be restrained from evicting them from their official residences/quarters of the respondent Corporation. 3. This matter was heard earlier and by an order dated 14.1.2004 passed by a Bench of this Court, it was directed that the petitioners would not be dispossessed from their official quarters nor any coercive action shall be taken against them by the respondents till further order. It further appears that during the 4 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 4 / 9 pendency of the present writ petition, the petitioners had filed I.A. No. 169 of 2004 seeking a direction to the respondents for payment of compensation amount under VSS and till then operation of the letters dated 1.1.2004 (Annexure-5 series) be stayed. The aforesaid Interlocutory Application No. 169 of 2004 was heard by a Bench of this Court, and by an order dated 27.2.2004 it was directed that 50 per cent of the amount payable under Voluntary Separate Scheme shall be paid to each of the petitioners within four weeks of production of a copy of the said order. It is admitted case of the parties that in compliance of the aforesaid order dated 27.2.2004, the petitioners have been paid 50 per cent of the payable compensation amount under Voluntary Separation Scheme. 4. When this matter was heard on 8.2.2013, then learned counsel appearing on behalf of the respondent nos. 6 and 7 was directed to file a supplementary counter affidavit with respect to status of claims raised on behalf of the petitioners and issues involved in the present proceeding. In compliance of the aforesaid order dated 8.2.2013, a supplementary counter affidavit on behalf of the respondent no. 6 has been filed giving the latest status with respect to the disputes pending between the parties. 5. The matter was again heard at some length on 18.4.2013, and taking into consideration the submissions made on behalf of the parties as also taking into consideration the nature of dispute between the parties, this Court requested learned Senior counsel appearing on behalf of the petitioners as also learned counsel appearing on behalf of the respondent nos. 6 and 7 that efforts should be made by them to get the entire dispute amicably resolved. This Court further directed that on the next date i.e. 5 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 5 / 9 30.4.2013 respondent no.6 should remain physically present in the Court with full particulars and calculations about the admitted
Decision
dues of the writ petitioners. It was also indicated that, if possible, respondent no. 6 should come with cheques in favour of each of the writ petitioners with respect to their admitted dues, so that the matter may be finally disposed of on the next date fixed. 6. Fortunately, when the matter was called out on 30.4.2013, in compliance of the order dated 18.4.2013, the respondent no. 6 was present in person in the Court with cheques in favour of individual petitioners with respect to their admitted dues. The calculations made by respondent no.6 were also shown to the Court. Since calculations made by respondent no. 6 and cheques prepared in the name of individual petitioners could not be brought on record by way of an affidavit, therefore, this court directed Mr. K.N.Gupta, learned counsel appearing on behalf of the respondent nos. 6 and 7 to provide a photocopy of the calculations made and cheques prepared in the name of individual petitioners to Mr. S.K.Ghose, learned Senior counsel appearing on behalf of the petitioners, so that he is in a position to examine all the calculations made by respondent no. 6 with respect to the claims of individual writ petitioners. Accordingly, a photo copy of calculations and cheques prepared, as referred to above, were handed over to Mr. S.K.Ghose, learned Senior Counsel appearing for the petitioners and by an oral order the matter was passed over for the next date i.e. for today. 7. When the matter has been called out today, Mr.S.K.Ghose, learned Senior Counsel appearing on behalf of the petitioners, after having consultation with the writ petitioners, has not disputed the correctness of the calculations made by 6 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 6 / 9 respondent no.6, but has raised a grievance that on the admitted dues the petitioner are entitled to receive interest as in the earlier counter affidavit filed on behalf of the respondent no. 6 it was stated in paragraph 14 that the amount deposited in the “No Lien Account” of the Bank is wholly within the control of the Bank and the amount deposited is earning interest from the Bank. He submits that in view of the aforesaid admission by respondent no. 6, a direction may be issued for payment of interest to the petitioners. However, he further submitted that the petitioners are prepared to accept the cheques prepared by respondent no. 6 in their individual names. It was also pleaded that the respondents may not be permitted even in future, to raise any demand of rent against the petitioners for the official quarters/ residences of the Corporation occupied by some of the petitioners by virtue of interim order dated 14.1.2004 passed by a Bench of this Court. 8. Mr. K.N.Gupta, learned counsel appearing on behalf of the respondent nos. 6 and 7, has produce a certificate dated 24.4.2013 issued by the Branch Manager of the Syndicate Bank, A-13 Deep Bhavan PAO LHLS Sector-24, Noida, showing therein that interest has not accrued to the respondent Corporation on the aforesaid “No Lien Account”. He after having full instructions from the respondent no. 6, who is physically present in the Court even today, submits that huge amount was/has been deposited in the aforesaid “No Lien account” of the respondent Corporation and as a matter of fact no interest at all was paid to the Corporation by the Bank. It is contended that if the respondents have not earned any interest on the amount deposited in the Bank, then claim for interest made on behalf of the petitioners cannot be accepted. He has further submitted that if 7 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 7 / 9 residential quarters presently occupied by the petitioners are vacated within one month from today, then no rent shall be charged from the petitioners with respect to the aforesaid residential quarters of the respondent Corporation under occupation of all or some of the petitioners. He also submits that cheques prepared in the name of individual petitioners can be received by the individual petitioners on proper verification even today in presence of learned counsel for the petitioners and Mr. K.N.Gupta, learned counsel for respondent nos. 6 and 7, if petitioners are physically present at Patna. Mr. S.K.Ghose, learned Senior Counsel appearing on behalf of the petitioners submits that about ten petitioners are physically present before this Court. Shri S.S. Sharma, Unit In-charge of Barauni Unit of Hindustan Fertilizers Corporation Limited (respondent no. 6) states before this Court that he personally knows all the petitioners, therefore, he may have no difficulty in handing over the cheques to individual petitioners on proper receipts being issued by them. 9. After having heard the parties, and taking into consideration the entire materials available on the record, the present writ petition, with consent of the parties, is being disposed of with the following orders and directions:- A. The respondent No. 6 shall hand over the cheques prepared in the name of individual petitioners, photo copies of which were served on the learned counsel appearing on behalf of the petitioners yesterday, to those writ petitioners who are present in Patna on proper receipts issued by them in presence of learned counsel for the petitioners and Mr. K.N.Gupta, learned counsel appearing on behalf of the respondents 6 and 7. If some of the writ petitioners are not present in Patna, then cheques prepared 8 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 8 / 9 in their names shall be handed over to them in the office of respondent no. 6 within a maximum period of 15 days. Each of the petitioners shall be obliged to collect their cheques either today or within aforesaid period of 15 days from respondent no. 6 and they shall issue an appropriate and requisite receipts showing acceptance of cheques prepared in their names. B. All the petitioners shall vacate the residential quarters of the respondent Corporation within a maximum period of one month from today. If they do not vacate the residential quarters within the aforesaid period of one month, then their occupation shall be deemed to be unauthorized and they shall be treated to be encroachers. Thereafter, respondent no. 6 shall be at liberty to take all coercive measures for their eviction from the aforesaid residential quarters of the respondent Corporation. C. The respondent No. 6 shall be at liberty to approach the local police for getting the petitioners forcibly evicted from the residential quarters, if they do not vacate the same within a period of one month from today. D. The respondents shall not charge any rent with respect to the residential quarters or any other additional quarters under occupation of all the petitioners or some of the petitioners for the past period and for one more month from today. E. Claim for interest made on behalf of the petitioners on admitted dues, in view of the certificate dated 24.4.2013 issued by the Syndicate Bank is hereby rejected. The petitioners shall not get any interest on the admitted dues for which cheques have already been prepared, and shall be handed over to the petitioners pursuant to the present order. 10. This disposes of all the issues raised on behalf 9 Patna High Court CWJC No.11756 of 2003 (14) dt.01-05-2013 9 / 9 of the parties in the present proceeding. 11. The application stands finally disposed of with the observations and directions indicated above in paragraph no.9. The parties are left to bear their own costs. 12. Let photocopy of the certificate issued by the Syndicate Bank, calculations made in favour of each of the petitioners by respondent no. 6 and cheques issued in favour of the individual petitioners be kept on the record. Kanth/- (Birendra Prasad Verma, J)