P BALASUBRAMANIAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts in nutshell to be considered in these batch of writ petitions are that all these writ petitioners were initially appointed by the Government of India and subsequently, on formation of the Corporation viz., Food Corporation of India, the petitioners had exercised their option and accordingly transferred to Food Corporation of India. The service conditions as applicable to the employees of the Food Corporation of India were made applicable to all these writ petitioners.

(2.) The grievances of the writ petitioners are that the pensionary benefits as applicable to them at the time of exercising option had not been extended. Thus, the writ petitioners are constrained to move these batch of writ petitions.

(3.) Pertinently, the learned counsel appearing for the writ petitioners relying on the judgment of the Supreme Court of India on the very same subject in the case of Union of India and another, (2010) 12 SCC 405 stated that the respondents before the Supreme Court of India were colleagues of the writ petitioners working in the same Food Corporation of India and they have filed writ petitions with reference to the conditions stipulated at the time of exercising option and the writ petitions were initially allowed by the Kerala High Court, against which, the Union of India preferred an appeal before the Apex Court and the same was decided on 10.02.2010.