PROVEEN CHOUDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed by 19 persons. They are employees/executives of respondent No. 4 Bongaigaon Refinery Petrochemical Limited at Dhaligaon (for short BRPL). In the year pursuant to a direction given by the Hon'ble Supreme Court in a number of writ petitions filed by the employees of various Govt. of India undertakings regarding revision of pay scales etc. a High Power Pay Committee (for short HPPC) was appointed by the Supreme Court. The said committee submitted recommendation and on consideration of the same. Government of India came out with a proposal before the Supreme Court and the end that the scales of pay and Dearness allowance as recommended in the report will be extended to the employees of Public Sector Undertakings which were being paid Central Dearness Allowances (CDA). The Court farther directed that these employees will continue to enjoy the option to switch over to the IDA pattern of scales of pay etc. on voluntary basis. Pursuant to the aforesaid direction of the Supreme Court and acceptance of the recommendations of the HPPC by the Central Government the Ministry of Programme Implementation and Department of Public Enterprises issued an Office memorandum on 12.6.90 applying the recommendations of the HPPC to the Public Enterprises. By the said OM it was declared that the employees in respect of whom the recommendations of the HPPC were being implemented would get revision as and when similar changes are affected for the; Central Government employees. It was further declared that the employees will have option to switch over to the EDA pattern and related scales of pay notified by the Government on voluntary basis. In the year 1992 i.e. on 31.3.92 the BRPL adopted IDA pattern related scales of pay in respect of its executives. It was clearly stated that the Executives who are in the CDA scales of pay shall have option to switch over IDA pattern and related scales of pay on implementation of the HPPC and that such option can be exercised from a date not earlier than 1.1.1989. The period within which the option to be was given was limiited up to 31.12.91 but ultimately it was extended up to 24.8.92. As many as 136 Executives of BRPL exercised their option on 26.8.92 pursuant to the letters of request issued by the BRPL asking its executives to exercise option. Though option was exercised in the year 1992 they were given the benefit from a back date i.e. they were allowed to switch aver from 1.1.89. The option was not exercised by about 42/43 employees including the petitioners along with other 136 executives. These petitioners did not exercise option because at that point of time the IDA pattern of scale was not declared and they had no means to know what would be the scales meaning thereby whether by such switch over they will be financially benefited or not. Thereafter a Circular was issued in the year 1996 i.e. on 22.2.96 by which the revision of pay scale was notified and all the executives who were entitled to EDA pattern was also notified with effect from 1.1.92. After 22.2.96 the petitioners came to know about the revision of EDA pattern of scales and uncertainties in their minds was removed and they came to know that this switch over shall be financially beneficial to them. Immediately thereafter all the petitioners who did not exercise options till then, submitted identical letters to the BRPL management i.e. on 34.8.96 exercising their option to switch over to the IDA pattern related scales on a voluntary basis. That letter is Annexure-G series. One of the letter is quoted below:

(2.) In the meantime, on 23rd October. 1998 a notice was issued by the Union of India which is Armcxure-P and that is quoted below, in, The Director (Personnel), BRPL, Assam Subject: Switching over from CDA pattern pay scale to IDA pattern related scale of pay in respect of remaining Executive of BRPL from date of option laller. Sir, I am directed to refer to BRPL's letter No. DW59/9S dated 10th July. 1993 on the subject mention above and to say that the matter was examined in consultation with Department of Public Enterprises and to clarify that switching over from CDA pattern to IDA pattern may be allowed from the prospective effect only and not from the retrospective effect. Now, in 1993 the employees may be allowed to switch over from CDA pattern to IDA pattern not earlier than April, 1998 in any case. Yours faithfully, Sd/-desk Officer (R)" Earlier the management of BRPL vide Annexure-M & 0 wrote the following letters to the Ministry. These two letters are quoted below; ANNEXURE-M

(3.) The MoPNG vide letter No. 31027/13/ 91/DO(R) dated 23rd December 1998 clarified that switching over from CDA pattern to IDA pattern may be allowed from the prospective effect only and not from retrospective effect. Now in 1998 the employees may be allowed to switch over from CDA pattern to IDA pattern not earlier than April, 1998 in any case.