CH. NAGESHWAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner is seeking a writ of Certiorari to call for records up to the issuances of reply from the office of the respondent No.2 to the writ petitioner and quash the same, as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently to direct the respondent No.2 to extend the benefits, as prayed for in representation of the petitioner dtd. 13/12/2021 and to pass such other order or orders as this Court deems fit and proper in the interest of justice.

(2.) Brief facts leading to the filing of the present writ petition are that the writ petitioner is a retired employee of the respondent No.2 Corporation, who retired after 1/1/2007. The respondent No.2 Corporation and ECIL Officers Association (i.e., the ECOA in short), entered into a Memorandum Of Understanding (MOU) on 26/5/2009 concerning implementation of Revision Pay Scale and Allowances to Executives of ECIL for Board Level and below Board Level Executives. The benefits under the said MOU were agreed to be given with effect from 1/1/2007.

(3.) Pursuant to the notification of the Revision Pay Scales and other benefits of Board and below Board Level Executives, the Government of India, Department of Public Enterprises, an office memorandum dtd. 25/11/2008 was issued. The ECIL Officers Association (ECOA) requested to implement the pay revision for Executives of ECIL with effect from 1/1/2007 and the same was approved for implementation and according to the learned counsel for the petitioner, the ECIL Management implemented all the terms and conditions of the MOU, except Clause 17 of MOU i.e., under the heading of Superannuation Benefits, wherein the ceiling for superannuation benefits, which may include Provident Fund, Gratuity, Pension and Post- retirement Medical Scheme, shall be 30% of the Basic Plus DA.