Gobinda Mallick v. Food Corporation Of India And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 5208 of 2025 Gobinda Mallick VS Food Corporation of India & Ors.

07.4.2025 (Item No. 14) (AB) Mr. Soumya Majumder Ms. Sanjukta Dutta Mr. Kisor Ray .... For the petitioner Mr. Devajyoti Barman Ms. Sanjukta Basu Mallick .... For FCI Mr.

Soumya Majumder, learned senior advocate being ably assisted by Ms. Sanjukta Dutta, learned advocate and Mr. Kisor Ray, learned advocate appears for the petitioner.

Mr. Devajyoti Barman, learned advocate with Ms. Sanjukta Basu Mallick, learned advocate appears for the respondents.

The petitioner is a retired employee of the Food Corporation of India (FCI) claims the leave encashment allowance. The employer respondent has raised an issue that whether such an allowance shall be paid as Central Dearness Allowance (CDA) or Industrial Dearness Allowance (IDA).

The issue is not settled for the time being.

This Court is of the view that, the claim for leave encashment allowance as claimed by the petitioner is

not denied only under which scheme it shall fall whether CDA or IDA is the pending issue.

In view of the above, respondent no. 2 is directed to make an immediate calculation both under the CDA scheme as also IDA scheme and then shall inform the petitioner in writing both the said calculations forthwith.

After arriving at the said calculation the respondent no. 2 without prejudice to the rights and contentions to the petitioner shall pay the lesser calculated amount and the petitioner shall accept it without prejudice to its rights and contentions. The entire exercise including the payment by crediting the bank account of the petitioner by the respondent no. 2 and/or the appropriate authority shall positively be done and completed within a period of six weeks from the date of communication of this order. While calculating amount payable to the petitioner for the time being taking the lesser calculation, the calculation shall be made along with interest @ 6% per annum from December 1, 2017 being the immediate succeeding date of the retirement of the petitioner until the amount is actually tendered to the petitioner.

It is made clear that, in the event any default in making payment as directed herein, the interest

shall be calculated and carried out @ 9% per annum in the manner and mode as directed above.

Since, the issue as to which module has to be followed in respect of the employees of FCI is pending before the Hon'ble Delhi High Court, it is made clear that in the event, it is found that the petitioner is governed by IDA module and the petitioner will be eligible to receive the higher sum then the additional amount with interest from December 1, 2017 at the rate directed above till the actual tendering of money shall be paid to the petitioner positively within a period of eight weeks from the date of the final decision on the issue.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 5208 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)