REENA RAMACHANDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner who retired as the Chairman and Managing Director ('CMD') of Hindustan Organic Chemicals Limited ('HOCL'), Respondent No. 3 herein, seeks a mandamus to the Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers, Government of India, Respondent No. 1, and the Department of Public Enterprises ('DPE'), Ministry of Industry, Government of India, Respondent No. 2, to re-fix/revise the Petitioner's pay during the period of her service with HOCL by protecting her last drawn pay with the Oil and Natural Gas Corporation Limited ('ONGC'), Respondent No. 4, including the full personal/special/incremental pay granted to her, and consequently direct the Respondents to pay the differential amount to the Petitioner along with the costs of this petition.

(2.) The Petitioner initially joined the ONGC and at the time of her being appointed as Director (Marketing) of HOCL, she was holding the post of General Manager ('GM') in the ONGC. She was appointed as Director (Marketing), HOCL on 23 rd April 1992 in the scale of pay of Rs. 7500-200-8500. On 1 st June 1992, the HOCL conveyed to Respondent No. 1 the details of the last pay drawn by her in the scale of Rs. 7250-200-8250 in the ONGC. On 24 th December 1992, the ONGC furnished to the HOCL the last pay certificate in respect of the Petitioner. This last pay certificate of the ONGC showed that her basic pay was Rs. 8250/- and the special pay was Rs. 350/-. The ONGC further clarified to Respondent No. 1 that the Petitioner had been granted two incentive increments @ Rs. 100/- each with effect from 23 rd October 1982, i.e., from the date of her joining the ONGC. These increments were revised to Rs. 175/- each (Rs. 350/- in total) with effect from 1 st January 1987, i.e., the day of pay revision of the officers in ONGC. This was conveyed to Respondent No. 1 by the HOCL by a letter dated 28 th January 1993. On 9 th September 1993, Respondent No. 1 conveyed to the HOCL the terms and conditions of the Petitioner's appointment as Director (Marketing) of HOCL. As regards the pay and DA, it was indicated in the said letter as under:

(3.) The Petitioner's pay as Director (Marketing) HOCL was fixed as follows:- <FRM>JUDGEMENT_4293_ILRDLH21_2011_1.html</FRM>