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High Court of DelhiW.P.(C)/1980/2022

K.V. Manjunath v. The State Trading Corporation Of India Limited

2024-09-06Hon'Ble Ms. Justice Jyoti Singh3 pages

$~93 to 95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1980/2022 K.V. MANJUNATH .....Petitioner Through:

Mr.

Tushar Ranjan Mohanty, Advocate versus THE STATE TRADING CORPORATION OF INDIA LIMITED .....Respondent Through:

Mr. Tarkeshwar Nath, Advocate + W.P.(C) 2208/2022 HARESH HARISCHANDRA KOLI .....Petitioner Through:

Mr.

Tushar Ranjan Mohanty, Advocate versus THE STATE TRADING CORPORATION OF INDIA LIMITED .....Respondent Through:

Mr. Tarkeshwar Nath, Advocate + W.P.(C) 4473/2022 C. KUMAR .....Petitioner Through:

Mr.

Tushar Ranjan Mohanty, Advocate versus THE STATE TRADING CORPORATION OF INDIA LIMITED .....Respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Through:

Mr. Tarkeshwar Nath, Advocate

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 06.09.2024 CM APPL. 52063/2024 in W.P.(C) 1980/2022 CM APPL. 52061/2024 in W.P.(C) 2208/2022 CM APPL. 52062/2024 in W.P.(C) 4473/2022 1.

These applications have been filed on behalf of the Respondent for disposal of the writ petitions on the ground that the Respondent has now received a clarification from the Department of Public Enterprises to the extent that the employees such as the Petitioners are entitled to the benefits of O.M. dated 31.07.2023. Accordingly, Respondent is now ready and willing to pay the balance amounts due to the Petitioners in terms of the said O.M. Calculations of the amounts due have been furnished in paragraph 3 of the application.

2.

Issue notice.

3.

Mr. Tushar Ranjan Mohanty, learned counsel accepts notice on behalf of the Petitioners and submits that he has no objection to the disposal of the petition in terms of the application but insists that some symbolic interest be paid since these amounts were due to the Petitioners when they retired in 2021 and for no fault of theirs the balance amount has been withheld. 4.

Mr. Tarkeshwar Nath, learned counsel for the Respondent opposes the grant of interest on the ground that it is not the fault of the Respondent that the money was not released as they were seeking clarifications from the Ministry which has been received only now.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Be that as it may, the fact of the matter is that the Petitioners were entitled to these payments immediately on their retirement in the year 2021 and because of the clarifications being sought inter se between the Respondent and the Ministry, the amounts have not been released to them from 2021 till date.

6.

Accordingly, Respondent is directed to release the balance amounts due within a period of 06 weeks from today along with interest @ 2% per annum with effect from the date the amounts were due till actual payment. 7.

All applications are accordingly disposed of. W.P.(C) 1980/2022 W.P.(C) 2208/2022 W.P.(C) 4473/2022 8.

In view of the order passed above, no further orders are required to be passed on the writ petitions.

9.

The same are accordingly disposed of.

10.

Date of 09.09.2024 stands cancelled.

JYOTI SINGH, J SEPTEMBER 06, 2024/kks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.