Gian Chand And Others vs HRTC & Others

L. Narayana Swamy , CJ

All these petitions have been filed by the employees of the respondent-Corporation who have since retired w.e.f. 2017 to 2020. It is their case that they are not paid pension and retiral benefits. Hence, common prayer is made for payment of pension, DCRG, commutted value of pension and leave encashment etc.

According to the petitioners, non-payment of pension and pensionary benefits amounts to violation of Article 21 of the Constitution of India, which is arbitrary on the part of the respondents, hence, they sought necessary directions for the release of the same alongwith statutory interest.

Mr.B.C. Negi, leaned Senior Counsel representing the respondent-Corporation, submits that out of total strength of 9691 employees, 6739 employees have retired from service and monthly retiral benefits have been paid to 6516 employees. It is further submitted that the monthly pension of remaining 223 employees would be paid regularly from the end of this month. In respect of retiral benefits, learned Senior Counsel submits that it includes commutted pension, DCRG, leave encashment and arrears.

In the affidavit dated 29 th October, 2020, it has been stated that the Board of Directors of respondent-Corporation have approved the creation of separate Pension Account, directing to transfer 7% of the passenger receipt on daily basis to the said account and the decision of the Board of Directors was implemented w.e.f. 06.03.2019.

Though it is the duty of the respondent-Corporation to pay retiral benefits immediately after superannuation, but because of Corona pandemic the respondent-Corporation has not collected revenue since lock-down. Virtually for more than six months regular income has come down to a few lakhs in place of crores. For the said reason, the respondent-Corporation find it difficult to settle the retiral benefits.

Learned Senior Counsel submits that: (i) in respect of leave encashment and DCRG, principal amount of DCRG upto October 2017 and principal amount of leave encashment upto August 2016 stands paid. Post March 2021 whatever funds shall be collected, will be disbursed in the order of retirement. However, in respect of leave encashment and DCRG, whosoever approaches the respondent-Corporation in exceptional circumstances i.e. death cases, marriage of the children, education of the children, serious ailments and repayment of house loan, the same shall be considered as an exceptional case and disbursed at the earliest; (ii) in respect of 223 retired employees, the commutted value would be paid within four months from today strictly in order of retirement; and (iii) it is further submitted by the learned Senior Counsel on instructions from the officers, who are present in Court, that the arrears on the entire delayed payment will be paid with statutory interest on the entire amount.

In view of the above submission, all these petitions stand disposed of along with pending application(s), if any.

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