NTPC LIMITED Vs. G L SHARMA & ANR

JUDGEMENT

(1.) The present appeal is directed against the order dated 16.03.2018 passed by the learned Single Judge in W.P. (C) 2512/2018 filed by the respondent herein. The respondent had approached this Court by filing aforesaid writ petition seeking the following reliefs :

(2.) Respondent no.1 joined the NTPC in the year 1981. He last worked as a Manager (Legal). The appellant in the year 2000 introduced a Voluntary Retirement Scheme (VRS), which was known as NTPC Voluntary Retirement Scheme, 2000, with the objective to achieve the optimum manpower utilization, to improve the overall skill level and to provide terminal benefits to employees as an inducement to retire before the actual date of superannuation. The scheme was to apply to all the regular employees i.e. in the category of workmen, supervisory and executives. On 21.05.2003, the VRS was introduced vide a circular, which was known as NTPC Voluntary Retirement Scheme, 2003, and was to remain in operation for three months commencing from 01.06.2003. Respondent no.1 made an application on 30.09.2003 under the said scheme. The application of respondent no.1 was rejected by the competent authority on the ground that he did not satisfy the criteria of having 6 years of service in the existing grade.

(3.) Being aggrieved by the aforesaid order passed by the appellant herein, respondent no.1 approached the High Court of Gujarat at Ahmedabad by filing a writ petition, which was dismissed on 18.06.2004. Subsequently, respondent no.1 was transferred to Himachal Pradesh. Another Scheme of VRS was circulated on 01.12.2004, which was valid for a period between 01.12.2004 to 31.01.2005. Again an application made by respondent no.1 was rejected on the ground that respondent no.1 was not eligible being an executive employee, he should have completed 10 years of service in the NTPC and must be of 50 years of age on the date of the application. Respondent no.1 also did not clarify as he had not completed the prescribed length of service in the existing grade, which was 6 years for E-5 Grade in which respondent no.1 was serving. Aggrieved by rejection of his request for VRS, respondent no.1 by a communication dated 25.01.2005 sought relaxation of conditions as per 2004 Scheme. However, the request was rejected. A writ petition filed before Himachal Pradesh High Court was also dismissed. The inter court appeal was also dismissed on 27.09.2013, which led to filing of a Special Leave Petition being SLP(C) 24093/2014, which was further converted into a Civil Appeal no.5628/2017 which was disposed of vide order dated 25.04.2017. The Supreme Court called upon Chairman and Managing Director of NTPC to reconsider the matter of relaxation afresh, after giving an opportunity of hearing to respondent no.1 within two months. A representation was then filed on 17.05.2017 by respondent no.1 requesting the CMD, NTPC to reconsider his case afresh. Reliance was placed on the relaxation granted to another officer being Ms. O. Savithri under the 2003 Scheme. In compliance with the directions of Supreme Court, a personal hearing was granted by the appellant to respondent no.1 on 27.06.2017 and his plea was rejected vide order 04.07.2017. An application being MA 792/2007 filed in Civil Appeal 5628/2017 before the Supreme Court was dismissed as withdrawn. Respondent no.1 thereafter filed W.P. (C) 2512/2018 before this Court and an order dated 16.02018 was passed, which is the subject matter of the present appeal.