B.S. HIMALVI Vs. HPTDC

JUDGEMENT

(1.) THE petition has been filed for grant of following substantive reliefs: 7 (A). The respondent may kindly be directed to allow the pay scale of Rs. 4500 -6100 revised to 14300 -18600 to the applicant from 23.10.97 when he was promoted to the post of General Manager with all consequential reliefs; (B). In case for any valid reason, the applicant is not held entitled to the pay scale as mentioned in (A) above, the respondent may kindly be directed to allow the pay scale of Rs. 4125 -5600 revised to Rs. 13500 -16800 with effect from 23.10.1997 since when the applicant was promoted to the post of General Manager from the post of Deputy General Manager with all consequential benefits after fixing his pay on promotion as on 23.10.97; (C). The action of the respondent rejecting the representation/appeal of the applicant as conveyed to the applicant vide Memo dated 1.12.99 (Annexure A -11) may kindly be quashed and set aside being non -speaking, arbitrary and violative of Articles 14 and 16 of the Constitution of India; (D). The respondent may kindly be directed to work out the retiral benefits to the applicant in pursuance to the Notification (Annexure A -2) and make payment of retiral benefits -Pension, Commuted value of pension and gratuity to the applicant forthwith as the applicant is in need of money to support his dependents; and (E). The respondents may kindly be directed to pay 18% interest on the delayed payments made t the applicant o n account of leave encashment and part of gratuity on 10.11.99 and 14.12.99 respectively which was otherwise payable to the applicant soon after his retirement. The respondent may also be directed to pay 18% interest on the balance payments on account of gratuity, pension and commuted value of pension and other retiral benefits admissible to the applicant under the rules. -

(2.) IN the reply filed on behalf of respondent No.1, the following stand has been taken, vide paras 3, 6 (ii), 6 (vii), 6 (viii), 6 (ix) and 6 (xi): -

(3.) RESPONDENT No.2 has averred as under vide para 6 (iv), 6 (v) and 6 (vi) of the reply: - 6 (iv). In reply to this para it is stated that the applicant is covered in the scheme. However, it is stated that modalities to implement the scheme are being examined/worked out by State Govt. The retiral benefits as claimed by the applicant can be paid only after modalities have been finalized in consultation with experts. 6(v). The para pertains to respondent No.1 hence no comments. However, it is clarified that respondent No.2 has already advised the respondent No.1 to release all the retirement benefits to retirees in the Corporation except employer share of CPF so that retirees are not made to suffer due to non -implementation of the scheme. Copy of letter No. Fin -IF (c )1 -9/97 dated 10.7.2000 enclosed at Annexure -1. 6 (vi). In reply to this para it is submitted that as already stated in foregoing paras the scheme is yet to be implemented, hence commuted value of pension cannot be paid. However, for all other retirement benefits respondent No.1 has suitably been advised as per letter at Annexure -1.