Disposed

Rina Ghoshal v. the State Trading Corporation of India Limited

Delhi HC11 Sept 2024W.P.(C)/2210/2022

Case brief

AI extract

What is this about?

This petition sought payment of the second instalment of ex-gratia payment due to the petitioner under a voluntary retirement scheme. The Court directed the respondent to release the balance amount within eight weeks, allowing tax deductions and awarding 2% annual interest.

What did the court decide?

Release of balance ex-gratia amount within eight weeks; 2% annual interest from date of due date.

Rina Ghoshal Vs the State Trading Corporation… — Pension and Retirement Benefits | Delhi HC (2024)

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$~99

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2210/2022

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RINA GHOSHAL .....Petitioner Through: Mr. Tushar Ranjan Mohanty and Mr. Tarunveer Singh Taggar, 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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CORAM: HON'BLE MS. JUSTICE JYOTI SINGH

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This writ petition has been preferred on behalf of the Petitioner seeking payment of balance amount of ex-gratia payment with interest in terms of Circular dated 19.11.2020. Respondent/The State Trading Corporation of India Limited invited applications for voluntary retirement from its employees and in response thereto, Petitioner applied for voluntary retirement and her application was accepted. An order dated 22.02.2021, was passed by the Respondent approving the grant of ex-gratia payment to the Petitioner in terms of Clause No. 3.1.2(ii) of Circular dated 19.11.2020. The amount was to be paid in two instalments, out of which one instalment was admittedly received by the Petitioner. Non-payment of the second instalment compelled the Petitioner to file the present writ petition.

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Mr. Tarkeshwar Nath, learned counsel for the Respondent, on instructions, submits that the answering Respondent is ready and willing to

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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 04/10/2024 at 11:52:29

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pay the balance amount of ex-gratia payment to the Petitioner and the writ petition be disposed of accordingly.

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Mr. Mohanty, learned counsel for the Petitioner has no objection to the disposal of the writ petition if the balance amount is released to the Petitioner in a time bound manner. According to the Petitioner, the balance amount due, without tax deduction, is Rs.9,16,467/-. He, however, submits that the ex-gratia amount was due to the Petitioner on 22.02.2021 when the order for payment was issued by the Respondent and therefore, some interest be paid on the amount as the second instalment of ex-gratia payment has been withheld by the Respondent without any justifiable reason.

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This writ petition is accordingly disposed of directing the Respondent to release the balance amount towards second instalment of ex-gratia payment within a period of eight weeks from the date of receipt of this order. Respondent is permitted to make permissible Tax deduction from a sum of Rs. 9,16,467/-. Additionally, Petitioner will be entitled to interest @ 2% per annum from the date the amount became due till the actual payment.

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JYOTI SINGH, J

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SEPTEMBER 11, 2024/kks/ DU

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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 04/10/2024 at 11:52:29

Rina Ghoshal v. the State Trading Corporation of India Limited

Case brief

What is this about?

What did the court decide?

Rina Ghoshal 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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