V. PARAMESWARAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE captioned writ petition and the contempt petition were taken up for joint hearing and disposal pursuant to the judgment of a Division Bench of this Court dated 18.7.2011 in W.A. No. 987 of 2011 arising from the order declining to grant the interim prayer in the captioned writ petition. For the sake of convenience, the petitioner in the writ petition is referred to hereafter in this judgment as 'the writ petitioner' and the petitioner in the contempt petition is referred to as 'the petitioner'.

(2.) THE writ petitioner was an erstwhile employee of Government of India in the Ministry of Food under the Regional Director, Southern Region, Madras. He commenced his service as a clerk in 1958. Subsequent to the formation of the Food Corporation of India (for short 'FCI') along with certain similarly situated employees he was transferred to FCI. Two options, one under Clause (a) and the other under Clause (b), of sub -section (4) of Section 12A of the Food Corporation of India Act, 1964 (for short 'the Act') were admissible to such transferees. For a proper understanding of the nature and impact of the said options it is relevant to refer to the said provisions which read thus: -

(3.) THE writ petitioner retired from FCI on attaining the age of superannuation while working as Assistant Grade -I on 31.1.1993. In terms of the option exercised by him under Clause (4)(b) of Section 12A of the Act his retirement benefits were fixed and payments were effected at the rates applicable to Central Government retirees under the C.C.S (Pension Rules). The writ petitioner's pension was fixed at Rs. 1,202/ - per month with effect from 1.2.1993 as per Ext. P2 authorisation. Later, his pension was revised to Rs. 1,666/ - with effect from 1.2.1993 as per Ext. P3 authorisation. Along with Ext. P4 revised pension payment order Ext. P5 memo carrying certain directions was forwarded to the writ petitioner's Bank. In respect of the writ petitioner, as per Ext. P5, following directions were forwarded to the 6th respondent, the Manager of Canara Bank, Kalpathi Branch: -