ASHOK KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment and order dated 9. 4. 2002 passed by a learned Single Judge of this Court in W. P. No. 11433 (W) of 2001 (Ashok Kr. Gupta and ors. Vs. Union of India and Ors.) whereby and whereunder he was pleased to dismiss the Writ Petition. Let it be recorded that earlier the preliminary objection have been raised in this case by the Respondent Company regarding maintainability of the Appeal in view of cessation of the status of the Respondent company. That point was taken by reason of the fact that the Respondent company (Jessop and Co.) ceased to be a Government Company or an authority within the meaning of Article 12 of the Constitution of India in view privatisation thereof. It appears that this preliminary objection was heard by another Hon"ble division Bench on a number of dates but finally on 11. 5. 2007, that point was decided and it was held that the Appeal is maintainable as when the cause of action had arisen at the time of final hearing of the Writ Petition, the Company was subject to Writ Jurisdiction. After rejecting the said preliminary objection, the said Division Bench directed that the Appeal be listed for final hearing. That is how the matter was listed before us.

(2.) IT appears that these Appellants filed the Writ petition claiming the difference of ex gratia compensation and the difference of the terminal benefits which was already paid to them under the Voluntary retirement Scheme and this claim was based on the revision of pay which was recommended by the 5th Pay Commission and which was implemented w. e. f. a date prior to the date of exercising option for voluntary retirement without claiming any arrears.

(3.) THE learned Single Judge, having noticed the aforementioned fact, observed as follows:- "it is now to be seen whether after the acceptance of V. R. S. and cessation of relationship, can the Petitioner's claim the benefit of revision implemented after their acceptance of V. R. S. , though with retrospective effect, without payment of arrears".