ANAND V KALLANNAVAR Vs. BEML LIMITED

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash certain portions in the letter dated 2-9-2011 -- Annexure-T, Circular dated 17-8-2007 -- Annexure-P, the Circular dated 12-10-2007 and for a writ of mandamus directing the respondents to re-fix the pension and other benefits in terms of the revised pay scale as per general bulletin dated 17-7-2009 and for other reliefs. The petitioner joined the services of the respondent-Company in the year 1991 as Assistant Engineer Trainee. From time to time the petitioner was promoted to higher grade. As on 23-6-2008 the petitioner was promoted as Senior Manager (Grade V). On 13-9-2008 the petitioner tendered resignation and requested the respondent-Company to accept his resignation and to relive him from duties with effect from 30-9-2008. On 15-12-2008 the respondents refused to process the resignation letter submitted by the petitioner on the ground that he has not paid the liquidated damages and executed bond to the effect that he will not join any competitor company. Thereafter the petitioner approached this Court in W.P. No. 5571 of 2011 challenging the action of the respondents in refusing to accept the resignation tendered by the petitioner. During the pendency of the writ petition the petitioner gave a representation on 23-6-2011 requesting the respondents to settle his retiral benefits. In view of this development this Court vide order dated 18-7-2011 disposed W.P. No. 5571 of 2011 with a direction to the respondents to consider the representation given by the petitioner for settlement of retiral benefits. Now under the impugned communication dated 2-9-2011 -- Annexure-T the respondents calculated the retiral benefits of the petitioner in pre-revised scale and deducted a sum of Rs. 1,33,160/- and paid the balance amount. The petitioner being aggrieved by the denial of benefit of revision of pay scale and deduction of certain amount is before this Court.

(2.) Heard arguments on both the side and perused the entire writ papers.

(3.) The respondents issued a general bulletin bearing No. 1199, dated 17-7-2009 revising the pay scale of the employees working in the company. This revision of pay scale was given retrospective effect from 1-1-2007. Para 14.5 of this bulletin reads as under: