A SUDARSHAN Vs. H M T LIMITED HYDERABAD

JUDGEMENT

(1.) The petitioner took voluntary retirement with effect from 31-3-1996 from the respondent-company. However, the respondent did not pay the arrears payable on account of revision of pay scales which is assailed by the petitioner in this writ petition and the mandamus is sought to be issued to the respondent-Company to release the arrears of pay in the revised scale without any lapse of time.

(2.) According to the petitioner, his basic pay had been fixed at Rs. 5,400/- in the revised scale at the time of voluntary retirement and the amount payable as ex gratia, on voluntary retirement had been paid in the revised scale fixed for PS III grade and accordingly the ex gratia amount was paid to the petitioner.

(3.) It is further claimed by the petitioner that the Voluntary Retirement Scheme (for short 'VRS') envisaged in Office Order No. 6 of 195, dated 17-5-1995 was extended from time to time. The VRS had been extended from 1-6-1995 to 10-6-1995 with certain modifications. According to the petitioner, the eligibility period had to be reckoned upto the date of retirement as against the date of submission of the application for computing the completed years of service and finally the VRS was extended upto 29-2-1996. The petitioner applied for VRS on 28-2-1996 and the same was approved by the respondent-Company whereupon the petitioner was relieved. One of the conditions of the revised pay scale adopted by the respondent-Company was that all the executives who were on the rolls of public sector Enterprises as on 1-1-1992, but subsequently ceased to be in service on account of superannuation, resignation VRS, termination of employment, death, etc., would be eligible for the benefits of the revised scale of pay upto the period they were in the Public Sector Enterprises. It was further stipulated that the eligibility of arrears from 1-1-1992 would be examined only after substantial improvement in the financial performance of the company which will be reviewed periodically as per Office Order No. 25 of 1995 dated 25-10-1995.