Alok Kumar Das And ORS. v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/227/2019 A. Murugesan and others ... Petitioners Vs.

The Union of India and others ... Respondents With WPA/152/2019 Alok Kumar Das and others ... Petitioners Vs.

The Union of India and others ... Respondents Mr. Rakesh Pal Gobind ... for the petitioners Mr. Tulsi Lal ... for the respondent No.1 Mr. V.D.Sivabalan Mr. M. Laxmanan ... for the respondent/Bank December 16, 2022 [SR] Item Nos.36&37 The issue is with regard to calculation of sums of money payable to the petitioners, who were employees of the Andaman and Nicobar Islands Forest & Plantation Development Corporation Limited.

Prior to dissolution, the dues payable to the employees of the former Corporation were decided by an agreement. Categories of employees were identified under two heads i.e., those seeking voluntary retirement from service and those seeking voluntary separation.

Sums of money have been paid to both categories of employees. The petitioners claim that they have been paid less than what they are entitled to under the said agreement. Per contra, the Administration claims that the petitioners have been paid more than their entitlement. At one stage, sums of money credited by the respondents to the bankers of the dissolved corporation for disbursement to the petitioners had been frozen in view of an audit observation. This Court is of the view that the issue involves a proper mathematical calculation based on the terms of the scheme in question.

In those circumstances, this Court directs the Secretary, Ministry of Environment, Forest and Climate Change, Government of India to appoint an independent auditor to look into the records and to ascertain as to whether any excess payment has been made to the petitioners and/or as to whether the petitioners are entitled to any amounts in addition to the amounts they have already received.

The Secretary, Ministry of Environment, Forest and Climate Change, Government of India, if necessary, shall approach the Ministry of Finance, Government India for suggestion of a suitable name from their panel auditors for the aforesaid purpose.

It is expected that the fresh audit report is communicated to the petitioners.

Let the aforesaid exercise be completed by the Secretary, Ministry of Environment, Forest and Climate Change, Government of India within a period of four months from date.

WPA/227/2019 and WPA/152/2019 stands disposed of without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )