Bijay Kumar Singh v. Heavy Engineering Corporation Ltd.
1999-08-16
SUDHANSU JYOTI MUKHOPADHAYA
body1999
DigiLaw.ai
Judgment 1. In all these cases, as common point of law is involved and similar prayer has been made, they were heard together and are being disposed of by this common order. 2. The petitioners, who were in the services of the respondent-Heavy Engineering Corporation Ltd. (H.E.C.L. for short), asked for voluntary retirement under 1990 V.R.Scheme. It was accepted by the authorities on different dates, from prospective date, after 19.5.1998 but prior to 30.5.1998. 3. The Union of India, in the meantime, came out with a decision vide Memorendum dated 19.5.1998 and decided to raise the age of retirement from 58 to 60 years in respect of employees of Central Public Sector Enterprises (P.S.E. for short) it was mentioned that the individual P.S.E. will give effect to the same by making necessary amendment in their rules/regulations. However, it was made clear that the aforesaid benefits ought not to have been given to the persons, who have already retired from the service. 4. Admittedly, the aforesaid decision of Union of India has been adopted by the respondent H.E.C.L. vide decision contained in Circular dated 10.10.98 and benefit has been provided to those who retired on or after 30.5.1998. The petitioners, who earlier applied for voluntary retirement in the year 1996- 97, their prayer was accepted and they were allowed to retire in May, 1998 from prospective date, but prior to 30.5.1998. As they could not get the benefit in pursuance of circular dated 10.10.98, as it was made applicable only to the employees retired on or after 30.5.1998, preferred this writ petition for direction on the respondents to extend two years of their service in pursuance of the aforesaid decision and also to declare the cut-off date of 30.5.1998 fixed by circular dated 10.10.98, as arbitrary and illegal. 5. At this stage, it may be mentioned that petitioner of C.W.J.C. No. 3467/98(R) Bijay Kumar Singh asked for voluntary retirement on 29.12.1996 but subsequently filed application for withdrawal of the same on 11.1.1997. However, the said application for withdrawal of voluntary retirement request was rejected vide letter dated 17.1.1997 on the ground that once option for V.R. exercised the same is final and irrevocable, as per scheme. The aforesaid order dated 17.1.97 has not been challenged till date. 6. In the present case, it will be evident that the Union of India came out with a decision on 19.5.1998.
The aforesaid order dated 17.1.97 has not been challenged till date. 6. In the present case, it will be evident that the Union of India came out with a decision on 19.5.1998. By the said date, the persons, who were to superannuate immediately were to retire on 30.5.1998. It is for the said reason, while H.E.C.L. adopted the aforesaid decision vide circular dated 10.10.1998, given the cut-off date as 30.5.1998 and onwards. There being nexus to such cut-off date, I find no illegality in the same. 7. In the case of State of U.P. & another V/s. Jogendra Singh & another (A.I.R. 1998 S.C. 658), the Supreme Court held that an employee is not entitled to get benefit who retired prior to insertion of the rule which was in question (Fundamental Rule in the said case). In the present case, the petitioners having retired voluntarily prior to 30.5.1998, they also cannot be given benefit of extension of two years service in pursuance of the aforesaid policy decision. For the reasons aforesaid and there being no merit, the prayer of petitioners is rejected. 8. So far as retiral benefit, including the L.T.A. in acceptance of V.R.S. are concerned, if the same has not been provided to one or other petitioner, such petitioner may represent the matter before the authority concerned; who in his turn, will dispose of the same, within a period of two months from the date of receipt of such representation, if any. 9. On such decision, admitted benefits to which one or other petitioner is found to be entitled, be paid within a period of three months from the date of receipt of such representation, if not yet paid. 10. The writ petitions are dismissed but with the aforesaid observations/directions.