Disposed

Dhanisharan Jayant & Ors. v. the State Trading Corporation of India Limited

Delhi HC10 Sept 2024W.P.(C)/14979/2021

Case brief

AI extract

What is this about?

The High Court directed the respondent corporation to release withheld retirement benefits to petitioners who retired in 2021. The court rejected the respondent's opposition to interest, ordering payment of 2% interest from the date amounts became due until actual payment.

What did the court decide?

Balance amounts released within 6 weeks with interest @ 2% per annum from date due till actual payment.

Dhanisharan Jayant & Ors. Vs the State Trading… — Pension and Retirement Benefits | Delhi HC (2024)

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$~107, 109 and 110

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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107

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W.P.(C) 14979/2021 DHANISHARAN JAYANT & ORS. .....Petitioners Through: Mr. Tushar Ranjan Mohanty, Ms. Payal Mohanty, Mr. Tarunveer Singh and Ms. Yogita Sharma, Advocates.

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versus

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THE STATE TRADING CORPORATION OF INDIA LIMITED .....Respondent Through: Mr. Tarkeshwar Nath, Advocate.

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- W.P.(C) 2586/2022

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RESHMA CHANDNANI .....Petitioner Through: Mr. Tushar Ranjan Mohanty, Ms. Payal Mohanty, Mr. Tarunveer Singh and Ms. Yogita Sharma, Advocates.

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versus

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THE STATE TRADING CORPORATION OF INDIA LIMITED .....Respondent

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Through: Mr. Tarkeshwar Nath, Advocate.

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- W.P.(C) 2666/2022

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BADHA CHARAN TUDU .....Petitioner Through: Mr. Tushar Ranjan Mohanty, Ms. Payal Mohanty, Mr. Tarunveer Singh and Ms. Yogita Sharma, Advocates.

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versus

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W.P.(C) 14979/2021 & connected matters

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Page 1 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:26:33

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THE STATE TRADING CORPORATION OF INDIA LIMITED .....Respondent Through: Mr. Tarkeshwar Nath, Advocate.

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CORAM: HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R

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% 10.09.2024

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CM APPL. 52640/2024 in W.P.(C) 14979/2021 CM APPL. 52639/2024 in W.P.(C) 2586/2022 CM APPL. 52274/2024 in W.P.(C) 2666/2022

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These applications have been filed on behalf of the Respondent for disposal of the writ petitions on the ground that the Respondent has now received a clarification from the Department of Public Enterprises to the extent that the employees such as the Petitioners are entitled to the benefits of O.M. dated 31.07.2023. Accordingly, Respondent is now ready and willing to pay the balance amounts due to the Petitioners in terms of the said O.M. Calculations of the amounts due have been furnished in paragraph 3 of the application.

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Issue notice.

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Mr. Tushar Ranjan Mohanty, learned counsel accepts notice on behalf of the Petitioners and submits that he has no objection to the disposal of the petitions in terms of the application but insists that some symbolic interest be paid since these amounts were due to the Petitioners when they retired in 2021 and for no fault of theirs the balance amount has been withheld.

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Mr. Tarkeshwar Nath, learned counsel for the Respondent opposes the grant of interest on the ground that it is not the fault of the Respondent that the money was not released as they were seeking clarifications from the

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W.P.(C) 14979/2021 & connected matters

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Page 2 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:26:33

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Ministry which has been received only now.

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Be that as it may, the fact of the matter is that the Petitioners were entitled to these payments immediately on their retirement in the year 2021 and because of the clarifications being sought inter se between the Respondent and the Ministry, the amounts have not been released to them from 2021 till date.

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Accordingly, Respondent is directed to release the balance amounts due within a period of 06 weeks from today along with interest @ 2% per annum with effect from the date the amounts were due till actual payment.

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All applications are accordingly disposed of.

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W.P.(C) 14979/2021 W.P.(C) 2586/2022 W.P.(C) 2666/2022

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In view of the order passed above, no further orders are required to be passed on the writ petitions.

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The same are accordingly disposed of.

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JYOTI SINGH, J

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SEPTEMBER 10, 2024/ shivam

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W.P.(C) 14979/2021 & connected matters

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Page 3 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:26:33

Dhanisharan Jayant & Ors. v. the State Trading Corporation of India Limited

Case brief

What is this about?

What did the court decide?

Dhanisharan Jayant & Ors. v. the State Trading Corporation of India Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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