BALDEO PRASAD JAISWAL Vs. BHARAT REFRACTORIES LIMITED, BOKARO

JUDGEMENT

(1.) IN this writ petition the petitioners have prayed for a direction on the respondents to release 50% enhancement of ex gratia payment in their favour in lieu of the revised scale of pay in terms of the Office Order dated 8.12.2000 of the Government of India, Ministry of Heavy Industries and Public Enterprises.

(2.) ACCORDING to the petitioners, under the provision of the said office order, the employees, who had opted for voluntary retirement, are entitled to get 50% enhancement of ex gratia payment in lieu of the revised scale of pay. All the petitioners had opted for voluntary retirement and as such under the said provision, they are entitled for ex gratia payment calculated on the basis of the revised pay scale. The petitioners requested the respondents for granting the said benefit. The petitioners alongwith others also filed representation praying for release of 50% enhancement of ex gratia payment in their favour in lieu of the revised scale of pay in terms of the said office order of the Government of India, but the same has not been heeded upon. It has been submitted by learned counsel for the petitioners that the Chairman -cum -Managing Director, Bharat Refractories Limited, Bokaro (respondent No.2) is the competent authority to consider the petitioners' grievance and pass appropriate order.

(3.) I have heard Mr. A.K. Sahani, learned counsel appearing on behalf of the petitioners and also considered the facts and materials on record. Since the petitioners have filed representation and the respondents have not disposed of the same, this writ petition is disposed of giving liberty to the petitioners to file fresh representation alongwith a copy of this order and the relevant documents before the Chairman -cum -Managing Director, Bharat Refractories Limited, Bokaro (respondent No.2). If such representation is filed, the said respondent shall consider the same and pass a reasoned order in accordance with law within a period of six weeks from the date of receipt of the said representation. If the claim made by the petitioners is found admissible, the admitted monetary benefit shall be paid to the petitioners within a period of two months thereafter. If the amount(s) found payable to the petitioners is/are not paid within the said period, the petitioners shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest payable on delayed payment of such dues.