SAROJINI PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Original Application, under Section 19 of the Administrative Tribunals Act, 1985 was filed during 1995 by one Dhirendranath Patra. The said Dhirendranath Patra, had entered into Railway services (as Jr. Clerk) on 05.10.1953. While working as Office Superintendent (Stores) Gr. -I in the Office of the Respondent No. 4, he faced superannuation from said services (on attaining the age of retirement) on 31.08.1990. When all other service benefits were given to him, one increment w.e.f. 01.07.1983, personal pay of Rs. 60/- p.m. and the gratuity amounting to Rs. 40,400/- were not paid to him. Despite several representations, he received no fruitful result. Hence this Original Application was filed for redressal of the grievances. In this Original Application it has been prayed for a direction to the Respondents to release his incremental benefits etc., and the entire outstanding retirement benefits, i.e., gratuity, with interest within a stipulated period and allow this Original Application with costs. Said Dhirendranath Patra (the retired Railway employee) has expired during the pendency of this Original Application and his widow (Sarojini Patra) has been allowed by this Tribunal (vide order dated 11.03.1998) to prosecute this Original Application.

(2.) In the counter filed by the Respondents, the actions of the Respondents have been stated to be just.

(3.) FAIR play is a part of the public policy and is a guarantee for justice to citizens. In our system of Rule of law every Government/Governmental organisation/agency conferred with power are required to act fairly so that social action would be just and there would be furtherance of the well-being of citizens. The rules of natural justice have developed with the growth of Civilisation and the content there of is often considered as a proper measure of the level of civilisation and Rule of law prevailing in community. Man within the social frame has struggled for centuries to bring into the community the concept of fairness and it has taken years of the rules of natural justice to conceptually enter into the field of social activities and is not part of Indian Constitution in Article 14. In the facts of the present case there is no justification to hold that rules of natural justice have been ousted by necessary implication on account of any statutory requirement. On the other hand, may be the statute has provided powers with the Railway Authorities for withholding gratuity in part or in full and opportunities to impose penal rent for unauthorised occupation of a quarters. but such powers are always subject to the universal principle of natural justice. Therefore, before withholding the part of gratuity or imposing penal-rent, the authorities were under obligation to give natural justice to the Railway employee; which, in the present case, they did not give. In the said premises, the contentions of the Counsel for the Railways (that imposition of "withholding of part of gratuity" and "Recovery of Penal Rent" on the Railway Employee to be just and proper) are hereby overruled.