B K AHUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying for a direction to the respondents to pay to the petitioner his voluntary retirement dues for 10 years amounting to Rs. l,48,200.00 and also an amount of Rs. 25,029.00 towards balance earned leave for 76 days. The petitioner has also sought for payment of interest on the aforesaid amount @ 24% per annum.

(2.) The petitioner initially joined the Fertilizer Corporation of India as an Industrial Engineer. The petitioner however made a request to the respondent No. 4 to release him from their service so as to enable him to join the respondent No. 2 with continuity of service. On his request and on agreement and consent of both the managements of the respondent No. 4 and respondent No. 2, the services of the petitioner was placed at the disposal of the respondent No. 2. The petitioner was working as a Chief Manager with the respondent No. 2 and finally went on voluntary retirement with effect from 3.6.1992. Accordingly the petitioner rendered service under respondent No. 4 from 16.1.1998 to 8.2.1978 and thereafter with the respondent No. 2 from 16.2.1978 to 3.6.1992 till he was allowed to go on voluntary retirement.

(3.) Mr. Rohit Minocha, Counsel appearing for the petitioner submits that both the respondents 2 and 4 are public sector undertakings and, therefore, there could be inter-transfer between the said organisation and in a case of such transfer, benefit of service rendered by an individual in the earlier public sector undertaking is granted by the borrowing public sector undertaking where the individual goes on transfer. Counsel for the petitioner states that in tile light of the aforesaid policy prevalent amongst the public sector undertakings, the petitioner was taken in the service of the respondent No. 2 and, therefore, he is entitled to get his past service recognised by the respondent No. 2. Further submission of the learned Counsel for the petitioner is that the Provident Fund and Gratuity of the petitioner for his past services in respondent No. 4 organisation was transferred to the respondent No. 2, but, the earned leave account was not transferred by the respondent No. 4 to respondent No. 2 and accordingly he has not been paid the amount due to his earned leave account. It is submitted that in view of non-transfer of the earned leave account, the respondent No. 2 has also refused to make payment of the voluntary retirement dues for 10 years amounting to Rs. 1,48,200.00 .