YUDHISTER ALIMCHANDANI Vs. NUCLEAR POWER CORPORATION

JUDGEMENT

(1.) The petitioner, an employee of respondent-Nuclear Power Corporation of India Ltd. is aggrieved by the order Annex. 6 dtd. 13.2.2013 passed by the Dy. Manager (HR), Nuclear Power Corporation of India Ltd., seeking to recover back a sum of Rs. 1,32,466/- which according to the respondent-employer, Nuclear Power Corporation of India Ltd., the petitioner wrongly availed under the Welfare Scheme promulgated by the respondent known as Children Education Assistance Scheme, 2009 effective from 1.4.2009. The earlier scheme known as Nuclear Power Corporation of India Ltd. (Hostel Subsidy) Scheme, 1991 was superseded w.e.f. 1.4.2009 vide order Annex. 7 dtd. 3.7.2009. The petitioner-employee, Mr. Yudhishthar Alimchandani, working as Assistant Grade-II availed the said subsidy from the respondent-employer, NPCIL admittedly in respect of his 4 th child, Mr. Daulat Ram for pursuing his course of B.Pharma from the year 2008 to 2012. He was born on 4.1.1990 after the cut off date 31.12.1987 as given in Clause 5.1.5 of the earlier Hostel Subsidy Scheme, 1991, which is reproduced below for ready reference:

(2.) The original sanction order in favour of the petitioner-employee under the old 1991 Hostel Subsidy Scheme was issued vide letter dtd. 24.10.2009 for the period from 1.3.2009 to 31.3.2009 of Rs. 1000/- under the old Scheme for pursuing his studies in Apex Institute of Management and Science Pharmacy, Jaipur and for next year from 1.4.2009 to 30.6.2010, sanction was made vide communication of same date 24.10.2009 under the new CEA Scheme, 2009, which repealed the earlier Scheme of 1991 since new Scheme of CEA was made effective from 1.4.2009.

(3.) The learned counsel for the petitioner, Mr. R.S. Shekhawat urged that in view of Clause 5.1.5 quoted above, three children born before 31.12.12987 were separately entitled to said Scheme of 1991, whereas if two more children are born after 31.12.1987, those two children will also be entitled to said subsidy under the 1991 Scheme and even though admittedly, the 4 th child Daulat Ram was born on 4.1.2009 after 31.12.1987, still the subsidy was rightly paid to the petitioner-employee under the old Scheme of 1991 as the children should add upto 5 as per said Clause 5.1.5 and therefore, there was no question of recovering back the said amount of subsidy paid to the petitioner as the concession or subsidy in respect of education expenses of his children.