GUPTESHWAR OJHA AND ANOTHER Vs. HEAVY ENGINEERING CORPORATION LIMITED, RANCHI AND ANOTHER
LAWS(JHAR)-2017-8-150
HIGH COURT OF JHARKHAND
Decided on August 25,2017

Gupteshwar Ojha And Another Appellant
VERSUS
Heavy Engineering Corporation Limited, Ranchi And Another Respondents

JUDGEMENT

S. N. Pathak, J. - (1.) In the present writ application petitioner has prayed for payment of arrears of salary on the basis of Pay Revision from 01.01.1992 to 31.12.1996 with interest @ 18 % per annum; and for further payment of Compensation amount in terms of Rules of Voluntary Retirement Scheme on the basis of Revision of salary with interest @ 18 % per annum. Factual Matrix:
(2.) Petitioners were appointed some time in the year 1963 and worked to the satisfaction of the authorities concerned of the corporation and thereafter they have opted for Voluntary retirement from the respondent Company. The company has floated a Scheme in the year 1987 which remained in force up to 1990. On or around 20.10.1990 a Revised Voluntary Retirement Scheme was floated. The said Scheme was to remain effective for an initial period of one year, but, admittedly the same has been extended from time to time. It has been further stated that in pursuant to order in furtherance of the Scheme, the following benefits were to be given to the employees opting for Voluntary Retirement Scheme: "Compensation @ 1 and ½ months' salary for each completed year of Service subject to the ceiling equal to the employees' monthly salary at the time of voluntary retirement multiplied by balance month of Service left before normal date of superannuation".
(3.) It has been stated that the matter of Pay Revision was pending since 1.1.1992 and the relevant order of Revision had come on 9.10.1997 vide Circular No. 5 of 1997 vide letter No. WSA-6-98. It is the case of the petitioner that he had served the Corporation for a long period and they received their entire retrial benefits except the arrears of salary on account of Revision of Pay scale from 1.1.1992 to 31.10.1996 and the amount of compensation applicable to its employees after retirement. The petitioners have opted for voluntary retirement under the voluntary retirement scheme introduced by the Government of India. The petitioners were, accordingly allowed to retire under the said scheme and during their retirement the pay revision was effective and for this reason the petitioners were also entitled for the same as per the scheme. In view of the scheme the petitioner represented before the respondent-authorities to grant the benefits of pay revision and the arrears of salary but the same has not been granted to them till date.;


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