Satnam Singh Pabla v. Tata Power Delhi Distribution Ltd.

1. Present writ petition has been filed by the Petitioner seeking issuance of writ of mandamus directing the Respondent to release the Pension and Gratuity of the Petitioner due to him from the date of his retirement and/or from the date of his removal from service.

2. Petitioner joined the Respondent as an Apprentice in 1968 in the erstwhile DESU, subsequently known as DVB and currently known as Tata Power Delhi Distribution Limited.

3. On 23.07.1998, Petitioner applied for voluntary retirement giving three months’ notice prescribed in the Rules. Prior thereto, disciplinary proceedings had been initiated against the Petitioner and therefore, on 11.09.1998, Respondent declined the permission for voluntary retirement. The disciplinary proceedings culminated into a penalty of ‘removal from service’. Appellate Authority dismissed the appeal challenging the penalty order.

4. Petitioner challenged the penalty imposed on him by filing a writ petition being W.P.(C) 6971/2002, which was disposed of, setting aside the penalty order as well as the order of the Appellate Authority. However, liberty was given to the Respondent to recommence the inquiry and proceed in accordance with law.

5. Pursuant to the liberty granted by the Court, Respondent again initiated disciplinary inquiry and this was challenged by the Petitioner by filing writ petition being W.P.(C) 7094/2015, on the ground that Petitioner had attained the age of superannuation. The writ petition was dismissed and finally, the Disciplinary Authority passed an order dated 16.04.2018, again imposing the penalty of ‘removal from service’. It is an admitted position that the Petitioner did not challenge the penalty order, as he had retired and instead requested the Respondent to pay his Gratuity and other retiral benefits to which he was legally entitled on completion of 30 years of service. When the letters and reminders sent by the Petitioner yielded no result, he has approached this Court seeking grant of his terminal/retiral benefits.

6. Learned counsel appearing on behalf of the Respondent, on advance copy of the writ petition, submits that the Respondent be permitted to determine the dues that are payable to the Petitioner and pass a speaking order thereon. Learned counsel also submits that there may be certain dues which are payable by the DVB Trust, however, the answering Respondent will make every endeavor to coordinate with the Trust, with a view to expedite the process of release of the benefits to the Petitioner, to the extent admissible in law and will forward the concerned files to the Trust.

7. Learned counsel for the Petitioner has no objection to the said course of action.

8. Having heard the learned counsels for the parties, it is directed that the Respondent will determine the retiral/terminal dues payable to the Petitioner, in accordance with law and pass a reasoned and speaking order, within a period of six weeks from today. In case, the Respondent is of the view that certain dues claimed by the Petitioner are not payable as per law, reasons for declining the relief shall be indicated in the speaking order. The order will also indicate the calculations of the amounts admittedly payable to the Petitioner.

9. Needless to state that copy of the speaking order shall be communicated to the Petitioner as soon as the order is passed and whatever amounts are admittedly outstanding shall be disbursed on or before the expiry of period of six weeks from today.

10. After the receipt of the speaking order, in case there are any surviving grievances of the Petitioner, he shall be at liberty to take recourse to the remedies available in accordance with law.

11. Writ petition along with pending application is disposed of, in the aforesaid terms.