REGL.INST.OF PRINTING TECHNOLOGY,KOLKATA Vs ARUP KUMAR MOOKHERJEE .
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-005341-005341 / 2011
Diary number: 32152 / 2007
Advocates: SATISH VIG Vs
MITHILESH KUMAR SINGH
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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
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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
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aforementioned observation and direction.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; July 11, 2011.