S V VASAIKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the above petitions have been filed by the petitioners for an appropriate writ, direction or order challenging the action of the respondents, adversely affecting the service conditions of the petitioners.

(2.) SO far as the first petition, i. e. , Writ Petition No. 5373 of 2002, is concerned, a declaration is sought that as there was breach of terms and conditions of absorption by Government of India because of disinvestment of its equity stake in Videsh Sanchar Nigam Ltd. (V. S. N. L. , for short) in favour of a private company, the petitioners and all similarly situated persons are entitled to reopt to receive Government pensionary benefits by refunding the amounts received by them as pro rata pension/lumpsum payment at the time of their absorption with V. S. N. L. It was also prayed that the Government of India is liable to pay to the petitioners and all similarly situated employees pensionary benefits as per Government Rules on their re-opting for Government pensionary benefits. Consequential reliefs were also sought.

(3.) IN the second petition, i. e. , Writ Petition No. 5374 of 2002, a prayer is made for declaring that the action of the respondents in not giving the petitioners and similarly situated employees, who had not completed ten years of service with the Government of India, the right to exercise option for retaining Government pensionary benefits on their absorption with V. S. N. L. is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution. It was, therefore, prayed that appropriate direction be issued to the Government of India that the petitioners and similarly situated employees, who had not completed ten years of service on their date of absorption in V. S. N. L. , are entitled to exercise option for retaining Government pensionary benefits by counting their service in Government of India along with their service with V. S. N. L. for such benefits.