- (1.) Special leave granted.
(2.) The respondent was a legal adviser with the appellant-Corporation. He retired from service on 30-6-1991. While the respondent was in service a draft superannuatory benefit scheme for the employees of the appellants was approved by the Executive Committee with some modifications and subject to the approval of the appropriate authorities including Commissioner of Income-tax on 29-4-1990. The draft scheme was circulated under the title "Self-Contributory Post-Retirement and Death in Service Benefit Scheme, 1990." Thereafter, on account of representations received from certain associations of employees the draft scheme underwent further modifications. The scheme was submitted to the Government for approval on 14-6-1990. Thereafter, there was some further modifications to the scheme and the modified scheme was again submitted to the Government for approval on 15-11-1990. There were several subsequent modifications to the draft scheme. Ultimately on 18-9-1991 the Central Government approved the scheme as ultimately modified.
(3.) The respondent filed a writ petition in the High Court claiming benefit of the draft scheme as circulated on 29th of April, 1990. In the affidavit in reply which was filed by the appellants in the writ petition it was pointed out that the draft scheme which was circulated on 29th of April, 1990 had undergone several modifications before finalisation and the scheme became final only after the approval of the Government on 18-9-1991. The scheme so approved was the only scheme in operation. The appellants were agreeable to give to the respondent benefits under the scheme as approved by the Central Government. Thereupon minutes of the order were drawn up and an order was passed on 2-12-1991 in terms of the minutes. The order, however referred to pension being granted to the respondent in terms of the scheme of 29-4-1990.;