WP.CT/152/2023 of THE DIRECTOR GENERAL, INDIAN COUNCIL OF MEDICAL RESEARCH(ICMR) AND ORS Vs SUBRATA SHIL on 6 August 2026

06.08.2026 Item No.01 Court No.01 KCP WPCT 152 of 2023

The Director General, Indian Council of Medical Research (ICMR) & Ors.

- Versus - Mr. Subrata Shil

Mr. Tilak Mitra Mr. Abhik Sarkar

…. For the petitioners

Mr. Ujjal Ray Mr. Arpa Chakraborty

…. For the respondent

The present writ petition has been preferred by the Union of India and the functionaries of the Indian Council of Medical Research (in short, "ICMR"), assailing the legality and propriety of the order dated 21st March, 2022 passed by the learned Tribunal in OA No. 350/1983/2021 (hereinafter referred to as "the OA"). The OA, preferred by the respondent herein, being the original applicant, namely, Subrata Shil (in short, "Subrata"), was disposed of by the learned Tribunal with the following directions : ‘Accordingly, in view of the fact that the respondents are unable to convince this Tribunal that they are at liberty to withhold the benefits on the grounds of pendency of a departmental proceeding, the respondents are directed to release the Provisional Pension, along with the arrears, at the earliest. Let other admissible retiral benefits payable to the applicant be released within a period of 8 weeks from the date of receipt of a copy of this order.’

On an earlier occasion, we directed Mr. Mitra, learned advocate appearing for the petitioners, to submit written instructions disclosing the amount payable to the respondent towards provisional pension. Pursuant thereto, today Mr. Mitra has placed written instructions before us showing that an amount of Rs.7,37,717/- is payable to the respondent no.1 towards provisional pension for the period from 1st August, 2021 to 4th July, 2022. Subrata, being an employee of ICMR, suffered detention following his implication in a criminal case and was, therefore, placed under deemed suspension on 18th March, 2020. Subsequently, he retired from service upon attaining the age of superannuation on 31st July, 2021. We have been informed that the provident fund amount has already been paid to Subrata. Upon conclusion of the disciplinary proceeding initiated against the respondent no.1, a major penalty of dismissal from service was imposed upon him on 4th July, 2022. However, no amount towards provisional pension has been paid. Therefore, the provisional pension for the period from 1st August, 2021 to 4th July, 2022 fell due. By the order impugned, the learned Tribunal directed the petitioners to release the provisional pension along with the arrears at the earliest. The petitioners were further directed to release all admissible retiral benefits payable to the respondent within the period stipulated therein. We do not find any perversity and infirmity in such direction.

As noted earlier, the order impugned in the writ petition was passed on 21st March, 2022, whereby the petitioners were directed to release the provisional pension at the earliest. No order of stay was obtained during the pendency of the present writ petition. In view thereof, and since interest is not a penalty or punishment but the normal accretion on capital, we direct the petitioners to release the sum of Rs. 7,37,717/- to the respondent no. 1, together with interest thereon at the rate of 6% per annum for the period commencing from 1st August, 2021 till the date of actual disbursement. Such payment shall be made positively within a period of four weeks from the date of receipt of a copy of this order. With this observation and order, this writ petition is dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.)