JUDGEMENT
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(1.) The petitioner had moved this Court earlier by filing a writ
petiti8on being W.P.S. No. 6707/2005 stating therein that he took voluntary
retirement w.e.f. 31/03/1997 from the service of the respondent no. 1
Hindustan Steel Works Construction Ltd., Bokaro Steel City, Bokaro. He
claims that as per the recommendation of the pay revision Committee which
came into its effect from 01/01/1996, he was entitled to the difference of
pay as per the revised pay scale. The said writ petition was disposed of by
this Court by giving direction to the General manager, Hindustan Steel
Works Construction Limited to consider the claim of the petitioner with
regard to the payment of difference of pay and other benefits as per the
revised pay scale and take a decision within a period of four weeks from the
date of receipt/production of a copy of the order.
(2.) The petitioner made representation along with a copy of the said
order vide Annexure5 to the General Manager, Hindustan Steel Works
Construction Limited alleging that on a similar facts and circumstances the
respondent company revised the pay scale of Sri R.D.Ram, Deputy Manager
(Personnel) w.e.f. 01/01/1996. By the impugned order as contained in
Annexure6 dated 02/05/2006, the General Manager, rejected the claim of
the petitioner mainly on the ground that because of the severe financial
crunch being faced by the company since several past years, the company
took a decision to revise the pay scale of its employee and release the
monetary benefit only w.e.f. 01/01/1998. It has been stated that the
company has not made payment of the benefits of arrears pursuant to the
revision of pay scale to any of its employee, who retired on 31/12/1997 or
even working in the roll of the company since the pay revision has been
made applicable w.e.f. 01/01/1998 only
(3.) The petitioner has challenged this order contained in
Annexure6 dated 02/05/2006, passed by the General Manager stating that
the reason assigned by the General Manager for rejecting the claim of the
petitioner is contrary to Annexure2, i.e. the order issued by the Hindustan
Steel Works Construction Limited dated 30th September 1999, which shows
that consequent upon the revision of pay scale the basic pay of one Sri
R.D.Ram, Deputy Manager (Personnel) was fixed in the revised pay scale
w.e.f. 01/01/1996.
Therefore, the statement made by the respondents in the
impugned order that no employee either retired or on the roll, has been paid
the benefits of arrears of pay w.e.f. 01/01/1996 is wrong.;
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