TAPAN KUMAR MUKHERJEE Vs. STATE

JUDGEMENT

(1.) THIS writ application is filed by 16 management staff of the respondent No. 3, who opted under the Early Retirement Scheme, 1993, praying for issuance of a writ in the nature of mandamus commanding the respondents to implement the scale of pay in respect of the aforesaid officers by merging dearness allowances at 608 point of CPI under the West Bengal Services (ROPA) Rules, 1990 as also by merging dearness allowances at 1510 point of CPI under the West Bengal Services (ROPA) Rules, 1998.

(2.) THE facts of this case in a nut shell are as follows :- THE respondent No. 3 was taken over by the Government of West Bengal under the Britannia Engineering Company Limited (Titagarh Unit) (Acquisition of transfer of undertaking) Act, 1984. THE petitioners were the management staff of the respondent No. 3. THE respondent Company floated a scheme known as "Early Retirement Scheme, 2003" on December 15, 2003 asking the officers and staff for exercising option under the aforesaid scheme for early retirement. By virtue of a representation some of the petitioners expressed their intention for exercising their option under the aforesaid Ear|y Retirement Scheme, 2003 without prejudice to the rights and contentions to the revised pay scale as per recommendations of the 3rd and 4th Pay Commission applicable to the Government Employees. Subsequently, all the officers submitted their options in the prescribed form to avail of the opportunity of Early Retirement Scheme, 2003 in the month of September, 2004. All the petitioners received the compensation and other benefits payable under the Early Retirement Scheme, 2003 in the month of October, 2004. THEreafter, the petitioners filed this writ petition on November 24, 2005.

(3.) ON the other hand, it is submitted by Mr. M.M.Das, learned Counsel appearing for the petitioners that the petitioners accepted the compensation and other benefits under the Early Retirement Scheme, 2003 without prejudice to their rights and contentions to the revised pay scale as per recommendations of 3rd and 4th Pay Commission applicable to the Government employees. Mr. Das relies upon Annexure XII at page 51 to his affidavit in reply to the affidavit in opposition filed by the respondent Nos. 1 and2 in support of his above submissions. It is also submitted by him that the petitioners retired during the pendency of their aforesaid claim under the Early Retirement Scheme, 2003. It is further submitted by him that this writ petition has not been filed for realization of any revision in the scale of pay of the employees of respondent No. 3 for the period after the date of retirement of the petitioners.