REGL.INST.OF PRINTING TECHNOLOGY,KOLKATA vs ARUP KUMAR MOOKHERJEE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5341 OF 2011

(Arising out of SLP(C) No.1312/2008)

REGIONAL INSTITUTE OF PRINTING TECHNOLOGY,

KOLKATA Appellant(s)

:VERSUS:

ARUP KUMAR MOOKHERJEE & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. We have heard the learned counsel for the

parties.

3. The appellant has already paid Rs.10,56,410/-

to respondent No.1 towards the pay and allowances

for the period 1.4.1974 to 31.12.1994. Learned

senior counsel appearing on behalf of respondent

No.1 submits that respondent no.1 has received that

amount but he has not been paid any pension from

1.1.2007 onwards. This is not disputed by the

counsel for the appellant and they have agreed to

pay. Consequently, we direct the appellant to pay

balance amount of pension within two weeks. The

appellant is further directed to regularly pay

monthly pension to the respondent in accordance with law.

4.Respondent No.1 has not been paid any amount which was legitimately due and payable to him for the last 37 years. The respondent was also compelled to contest and defend litigation in various courts for more than 37 years.

5.On consideration of totality of the facts and circumstances of this case, we deem it appropriate to direct the appellant to pay a lump sum amount of Rs.5 lakhs to respondent No.1 towards payment of interest and costs, within two weeks from today. We are giving this short period for payment considering the fact that respondent No.1 is suffering from advanced stage of cancer and require money urgently for his treatment.

6.Learned senior counsel appearing for the respondents states that the formalities which are necessary for getting the pension shall be completed within a week.

7.This appeal is disposed of with the aforementioned observation and direction.

.....................J (DALVEER BHANDARI) .....................J (DEEPAK VERMA)

New Delhi; July 11, 2011.

REGL.INST.OF PRINTING TECHNOLOGY,KOLKATA vs ARUP KUMAR MOOKHERJEE on 11 July, 2011