Somen Kumar Ghosh v. Union Of India

Form J(2) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri WPA/22713/2005 Sri Soumen Kumar Ghosh -VersusUnion of India & Ors.

For the Petitioner : None.

For the Union of India : None.

Heard & Judgment on : 16.09.2021.

Bibek Chaudhuri, J.- The petitioner has invoked constitutional writ jurisdiction of this Court for deliberate inaction on the part of the respondent authorities by not releasing and making payment of ex gratia to the petitioner due to his service in the respondents' office for the period between 21st February, 1966 to 5th June, 1974. None appears on behalf of the petitioner. However, since the matter is pending from 2005 I have perused the petition along with the Annexures filed by the petitioner. The petitioner was an employee of National Projects Construction Corporation Limited. He was posted at Matigara in

the district of Darjeeling till the date of his voluntary retirement on 29th July, 1994.

It is the grievance of the petitioner that even after unblemished and uninterrupted service for about 24 years the petitioner was not paid retiral ex gratia of Rs.89,250/-. He made representation one after another to his superiors. However, in reply, he was informed that papers relating to his service were not available in the office.

If the petitioner is entitled to ex gratia on voluntary retirement the respondent authority is legally bound to make such payment. This cannot be a ground that payment of ex gratia could not be made to the petitioner for want of necessary papers to be maintained in the office of the respondent authorities.

In view of such circumstances, the instant writ petition is disposed of directing the respondents, especially respondent nos. 2 and 5 to release ex gratia payment to the petitioner within two months from the date of this order, if at all the petitioner is entitled to such sum.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Bibek Chaudhuri, J. )