S. N. MISRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition, the petitioner is aggrieved by the refusal of the Assam Industrial Development Corporation Ltd. (respondent 2) to pay him dearness allowance arrear at the enhanced rate based on the last pay drawn by him along with the outstanding terminal benefits including Rs.87,210/- with interest.

(2.) The case of the petitioner is that he is presently serving as Private Secretary to the Vice-Chancellor of the Gauhati University, Jalukbari. Earlier, he had been working as Private Secretary to the Managing Director of the respondent No. 2 for over 18 years. In the year 1998, the respondent No. 2 introduced AIDC Voluntary Retirement Scheme, 1992 "VRS") and as per this scheme issued in a circular, interested employees, who were eligible for the voluntary retirement, were given the option to avail of the VRS by applying it to the Managing Director of the respondent no. 2 ("MD" for short) through their respective Departmental heads on or before 31-7-1998. At this stage, it may be noted that the Deputy Secretary to the government of Assam, Department of Industries and Commerce vide his letter dated 14-7-2000 had requested the MD to rectify the anomalies in fixing the pay of the petitioner at his end. The MD vide the Memorandum dated 16-9-2000 stated that considering the representation of the petitioner dated 22-3-99 and 29-8-99, his basic pay i.e. Private Secretary to the MD was fixed at Rs.7,350/- p.m. with effect from 1-4-97 in the pay scale of Rs.7,725-11,825/- by stepping up of his pay resulting from fixation of higher pay for his junior, namely, Shri T.K. Sharma, Stenographer Grade-1 and that his annual increment would fall due from 1st April of the following years.

(3.) In the meantime, the petitioner submitted his application dated 16-7-2002 to the MD for accepting his option for the voluntary retirement with immediate effect. On or about the same time, the petitioner submitted an application for the post of Private Secretary to the Vice Chancellor of Gauhati University through proper channel. The Registrar, Gauhati University vide his letter dated 17-7-2002 informed him that he had been appointed as the Private Secretary to the Vice-Chancellor in the pay scale of Rs. 8,100-13,025/- p.m. plus the usual admissible allowances. The petitioner, however, sought for and was allowed extension of time for joining his new post for 40-50 days as he was being released from the respondent No. 2 on voluntary retirement. Finally, the Deputy General Manager (P & A) of the respondent No. 2 by his letter dated 10-9-2002 informed the petitioner that the competent authority had accepted his application for voluntary retirement on the terms and conditions stipulated in paragraphs 1, 2 and 3 therein. The petitioner thereafter accepted the offer, and was released from AIDC on voluntary retirement with effect from 11-9-2002 with intimation to the Registrar of the University.