Aparna Ganguly Vs Eastern Coalfields Ltd. and Ors. — Calcutta HC (2026) — LawSathi Research

Aparna Ganguly Vs Eastern Coalfields Ltd. and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No.2 (General Manager, Kunustaria Area, ECL) to credit all outstanding terminal dues admitted in the affidavit-in-opposition affirmed by Tuhin Subra Seal on 12.09.2025 (difference in gratuity, annual bonus, leave encashment, attendance bonus, settling allowance, arrears of CMPF, arrears of wages/salary) with simple interest at 8% per annum, after deducting sums due towards penal rent and electricity charges; appellant to attend Respondent No.2's office on 27.05.2026 (11 am-1 pm) with forms and KYC/bank particulars; failing payment within one month, interest escalates to 11% per annum. FMA 569 of 2026 and CAN 1 of 2026 disposed of; no order as to costs.

Issue for consideration

Whether the penal rent and electricity charges calculated by ECL from the retired appellant were inflated. +2 more

Court's answer

Having overstayed for more than two years in her official quarter after superannuation, the appellant is liable to pay penal rent and electricity charges for that period as calculated by the employer (ECL); the Bench did not disturb the employer's computation.

Ratio / Principle

All sums due to the appellant (including the difference in gratuity, annual bonus, leave encashment, attendance bonus, settling allowance, arrears of CMPF and arrears of wages/salary shown in the employer's table) shall be paid together with simple interest at 8 percent per annum.

Key takeaways

All sums deductible towards penal rent and electricity charges shall be deducted from the aforesaid sums payable to the appellant.ratio¶16
For the aforesaid purpose, the appellant shall visit the office of Respondent No.2 / General Manager, Kunustaria Area, ECL on 27th May, 2026 between 11 am and 1 pm.ratio¶19
The appellant shall fill in all necessary forms and carry copies evidencing her current address, contact number, email ID, PAN card and bank account particulars, including an extract of her bank passbook.ratio

Detailed headnote1 paragraphs

FMA 569 of 2026 (with CAN 1 of 2026) - Division Bench disposal of an appeal by Aparna Ganguly, a retired employee of Eastern Coalfields Ltd. (ECL), against a Single Bench order dated 3rd February, 2026. Having admittedly overstayed for more than two years in her official quarter after superannuation, the appellant was held liable to pay penal rent and electricity charges for that period as calculated by the employer; the competing penal-rent bases (Clause 10 of the 29.03.1993 circular at Rs.10/- per square metre vs. the amended 11.11.2021 circular keyed to location and prevailing market rate) were noted from counsel's submissions but the employer's computation was not disturbed. The Bench directed payment of all outstanding dues admitted in the affidavit-in-opposition affirmed by Tuhin Subra Seal on 12.09.2025 - difference in gratuity, annual bonus, leave encashment, attendance bonus, settling allowance, arrears of CMPF and arrears of wages/salary (table at pages 58-60 of the Stay Application) - together with simple interest at 8% per annum, deducting sums due towards penal rent and electricity charges. The appellant was directed to attend the office of Respondent No.2 / General Manager, Kunustaria Area, ECL on 27.05.2026 between 11 am and 1 pm with duly filled forms and address/contact/email/PAN/bank particulars including a passbook extract; payment within one month thereof, failing which interest on the total terminal dues rises to 11% per annum. Appeal and application disposed of; no order as to costs. (Bench: Rajasekhar Mantha, J. and Rai Chattopadhyay, J.)