- (1.) The only question that falls for consideration in this appeal is whether respondent I, a retired employee of the National Thermal Power corporation, the appellant herein, (hereinafter referred to as "the appellant- corporation") , is entitled to avail the benefits under the Contributory scheme for Post-Retirement Medical Facilities (hereinafter referred to as "the Scheme") introduced by the appellant-corporation on 21/12/1989.
(2.) Respondent 1 was originally employed with the A. P. State electricity Board, Respondent 2 herein, (hereinafter referred to as "the electricity Board"). After having rendered more than 30 years' service in the electricity Board, he joined the appellant-corporation on deputation on 19-3-1984. By order dated 17/7/1984, he was permanently absorbed in the appellant-corporation with effect from 30/6/1984. On attaining the age of superannuation he retired from the services of the appellant-corporation on 31/7/1987. On 21/12/1989, the appellant-corporation introduced the scheme whereby post-retirement medical facilities on contributory basis were extended to the employees who retired from the services of the appellant-corporation on or after 1/1/1986. Respondent 1 claimed the benefit of the Scheme but he was denied the said benefit on the ground that he did not fulfil the conditions of eligibility contained in para 2.1 of the scheme. The respondent thereupon filed a writ petition (Writ Petition no. 2024 of 1994 before the High court of A. P. In the said writ petition the Electricity Board was also impleaded as a party. The writ petition was allowed by a learned Single Judge of the High court by judgment dated 17/2/1995, on the view that whenever an employee is absorbed by an organisation he is entitled for all the benefits which others are entitled to and that the denial of the post-retirement medical facilities to respondent I herein was arbitrary and discriminatory in nature. The learned single Judge directed that respondent 1 is entitled to claim post-retirement medical facilities from either of the two respondents in the writ petition namely, the appellant-corporation or the Electricity Board according to his choice. The appellant-corporation filed an appeal (Writ Appeal No. 678 of 1995 against the said judgment of the learned Single Judge. The Electricity board did not assail the said judgment. The appeal of the appellant- corporation has been dismissed by a division bench of the High court by the impugned judgment dated 26-7-1995. The learned Judges have held that the action of the appellant-corporation in drawing a line between employees who have served them for five continuous years or more and those who have come to them by transfer of service from other central government or State government organisations but have not served with them for five yearssuffers from the vice of arbitrariness and that it is unfair to deny the benefits of the Scheme on the ground that one has served for a longer period and another has served for a shorter period. Feeling aggrieved by the said decision of the division bench of the High court, the appellant-corporation has filed this appeal.
(3.) The relevant provision of the Scheme relating to eligibility of employees to avail the benefit of the Scheme is contained in para 2.1 which reads as under: "2.1 The Scheme will apply to the following categories of NTPC employees: (I) Employees who separate from the Company on account of retirement on attaining the age of superannuation or are separated by the Company on medical grounds: Provided that the employees concerned have completed a minimum qualifying period of ten years of continuous service in central/state government/public Sector Undertaking, out of which a minimum five years shall be in NTPC. (Ii) Board-level appointees, on completion of their tenure. ";