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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.