RABINDRA PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) ON 8th August, 1994, Coffee Board introduced Voluntary Retirement Scheme, 1994. It was made ciear in the Scheme that the expenditure, pay and allowances under the Scheme will be met out of the pool fund either wholly or partially.

(2.) The Scheme, in accordance therewith, came into force with effect from 10th August, 1994 and remained open till 7th November, 1994 (both days inclusive). One of the benefits under the Scheme was ex gratia payment equivalent to three months ' emoluments (Basic Pay + D.A.) for each completed year of service or the monthly emoluments at the time of retirement multiplied by the balance months of service left before normal date of retirement, whichever is less. On 6th November, 1996, Coffee Board decided to infuse blood in the said Scheme and accordingly by a Circular dated 6th November, 1996 held out that the Voluntary Retirement Scheme, 1994 would continue to apply to all those employees if they opt for the same even now. The Circular dated 6th November, 1996 made it abundantly clear that the employees interested to opt should send their option in the format enclosed to the Head Office through proper channel before 8th December, 1996. The appellant applied on 4th December, 1996 under the said Scheme for voluntary retirement. The said application was accepted vide letter dated 17th January, 1997 and he was paid benefits under the Scheme as well as his pay and allowances up to 1st April, 1997. While calculating the benefits under the Scheme ex gratia payment was calculated on the basis of basic pay plus D.A. as the appellant was then receiving. Subsequent thereto by a pay fixation memo dated 10/ 11.2.1998 Coffee Board revised the basic pay of the appellant at Rs. 5,500 / - and 5,600/ - with effect from 1.1.1996 and 1.12.1996 respectively in the revised scale of Rs. 4,000/ - 100 -6000/. In view of such revision, the basic pay of the appellant stood increased. Inasmuch as the basic pay of the appellant stood increased, he made a representation for recalculation of ex gratia payment on the basis of his increased basic pay and. thereupon to pay the difference to him, which representation was refused by a letter dated 18.2.1999, whereby and whereunder it was contended that payment of ex gratia was applicable only in the pre -revised scale and not in the revised pay scale, since Coffee Board voluntary retirement scheme was introduced during the year 1994. when there was no contemplation of revision of pay scale. It was further held out in the said letter that the Board had taken a decision at a meeting held on 5.12.1996 that the payment of ex gratia shall be calculated in the pre -revised scale and not in the revised pay scale. The said decision of the Board was assailed in the writ petition by the appellant. The writ petition having been dismissed, the appellant is before us.

(3.) IN the counter affidavit filed by the respondents, it was stated that Coffee Board (pool fund) made expenses towards ex gratia. However, it was not stated that the said pool fund stood closed. Otherwise, whatever had been stated in the said letter dated 18.2.1999 had been repeated in the counter affidavit.