BRIJ BHUSHAN DWIVEDI S/O LATE GANGADHAR DWIVEDI R/O HARDEV NIWAS Vs. UNION OF INDIA THROUGH ITS SECRETARY NULL MINISTRY OF CIVIL AVIATION

JUDGEMENT

(1.) Prayers of the petitioner as made in para-1 of the writ petition read as under :-

(2.) The admitted facts of the case are that the petitioner was appointed as Accounts Assistant-cum-General Cashier with effect from 10.11.1984 by the Centaur Hokke Hotel, a single unit at Rajgir, Nalanda of Indo Hokke Hotels Limited, a subsidiary of Hotel Corporation of India Limited. The service of the petitioner was confirmed on the said post with effect from 01.05.1985 by the Centaur Hokke Hotel, Rajgir. He was promoted to the post of Front Office Receptionist with effect from 01.11.1987 and confirmed to the said post with effect from 01.05.1988. Again he was promoted as an Accountant with effect from 19.03.1997 and confirmed on the said post with effect from 19.09.1997. He was then promoted on the post of Assistant Manager (Accounts) with effect from 10.05.2001 vide order dated 11.05.2001.

(3.) The Ministry of Civil Aviation, vide its letter dated 01.06.2001 addressed to the Hotel Corporation of India Limited informed that pursuant to its proposal for introduction of a Voluntary Retirement Scheme (for short "VRS") in the eventuality of disinvestment, it has been decided that all the bidders should have to give VRS to the existing employees as per the guidelines issued by the Department of Public Enterprise and the terms of such VRS would not be inferior to the scheme framed by the Department of Public Enterprise. Subsequently, a cabinet committee on its disinvestment approved the proposal regarding disinvestment of the Hotel Corporation of India and, accordingly, the petitioner as well as other employees of Indo Hokke Hotel Limited were paid as per their pay scales along with the benefits of D.A., H.R.A., Service Charge, annual increment, revision of pay, leave, Medical, Hospitalization, LTC and Leave Encashment facilities etc.