Satyajeet Ghosh V. Union of India through the Secretary, Ministry of Mines and Chairman-Cum-Managing Director, Mineral Exploration And Consultancy Ltd and Director (Finance), Mineral Exploration And Consultancy Ltd and Head of Department, Internal Audit Wing, Mineral Exploration And Consultancy Ltd

WPS/5896/2022

AI Insights

The case involves Satyajeet Ghosh, a retired Senior Manager from Mineral Exploration And Consultancy Ltd, who filed a writ petition against the Union of India and other officials of the company concerning the non-payment of his terminal benefits and leave encashment since his retirement on January 31, 2020. The petitioner sought to challenge the recovery of amounts totaling Rs. 10,74,315 from his terminal benefits, which were allegedly imposed based on Internal Audit Observations and income tax deductions. The respondents, represented by the Deputy Solicitor General and Central Government Counsel, agreed to disburse the dues within a specified timeframe. The court did not delve into the legality of the recoveries but focused on ensuring the petitioner receives his dues promptly.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 693389 (HC-CHHATTISGARH)
• Appeal Type: Others
• Pronouncement Date: 31-01-2025
• Assessment Year: misc
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: RAMAKANT MISHRA; BHUPENDRA PANDEY
• Assessee Lawyers: VIVEK SHRIVASTAVA
• Keywords: Income Tax; Leave encashment; Recovery; Retiral dues; Terminal Benefits

Judgement Text

"1 2025:CGHC:5888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5896 of 2022 Satyajeet Ghosh S/o Late S.K. Ghosh Aged About 62 Years Ex- Senior Manager (Geology), Mineral Exploration And Consultancy Ltd. Resident Of D-305, Phase-2, Rama Green City, Bilaspur, District Bilaspur. ... Petitioner versus 1 - Union of India Through The Secretary, Ministry of Mines New Delhi. 2 - The Chairman-Cum-Managing Director, Mineral Exploration And Consultancy Ltd (Formerly Known As Mineral Exploration Corporation (Ltd) Dr. Babasaheb Ambedkar Bhawan, Seminary Hills, Nagpur (Maharashtra) 3 - The Director (Finance), Mineral Exploration And Consultancy Ltd (Formerly Known As Mineral Exploration Corporation Ltd.) Dr. Babasaheb Ambedkar Bhawan, Seminary Hills, Nagpur (Maharashtra) 4 - The Head of Department, Internal Audit Wingh, Mineral Exploration And Consultancy Ltd (Formerly Known As Mineral Exploration Corporation Ltd.) Dr. Babasaheb Ambedkar Bhawan, Seminary Hills, Nagpur (Maharashtra) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vivek Kumar Shrivastava, Advocate For Respondents : Mr. Ramakant Mishra, Deputy Solicitor General along with Mr. Bhupendra Kumar Pandey, Central Government Counsel. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 31.01.2025 1. Heard Mr. Vivek Kumar Shrivastava, learned counsel for the petitioner and Mr. Ramakant Mishra, learned Deputy Solicitor YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.01 13:47:43 +0530 2 General along with Mr. Bhupendra Kumar Pandey, learned Central Government Counsel, appearing for the respondents. 2. The petitioner has filed this writ petition with the following relief(s):- “10.1 This Hon’ble Court be pleased to call for the records pertaining to the case of the petitioner from the respondent concerned for its kind perusal. 10.2 This Hon’ble Court may be pleased to pass an order directing that action of the respondents in imposing a recovery of Rs.9,70,964/- against Internal Audit Observations and Rs.79351/- towards income tax on the petitioner and recovering the said amount from his terminal benefits as illegal, arbitrary and consequently direct the respondents to settle to pay him all the terminal benefits payable to him including leave encashment, without any recovery, together with interest at the rate of 18% per annum payable to the petitioner from his date of retirement to till the date of actual payment, in the facts and circumstances of the case. 10.3 Cost of the proceedings. 10.4 Any other writs and directions that may be deemed fit and just in the facts and circumstances of case.” 3. Learned counsel for the petitioner submits that he has filed this petition seeking retiral dues, which has not been paid to the 3 petitioner since 2022 and the petitioner stood retired on 31.01.2020, however, till date, he has not given any terminal benefits as well as amount of leave encashment, for which he is entitled for. 4. On the other hand, learned counsel appearing for the respondents submits that they will disburse the said amount to the petitioner within a specified time frame granted by this Court. 5. I have heard learned counsel for the parties and perused the documents available on record with the writ petition. 6. Considering the facts and circumstances of the case, the petitioner is directed to file a fresh representation before the concerned respondent authority within a period of 10 days ventilating his grievance and the concerned respondent authority is directed to consider the case of the petitioner for grant of retiral dues and pass a speaking order in this regard within a period of four weeks from the date of filing of representation of the petitioner. 7. With the aforementioned observation/direction, instant writ petition is disposed of. - Sd/- (Amitendra Kishore Prasad) Judge Yogesh "