IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11024 of 2005 ZAKIR HUSSAIN Versus CHAIRMAN, BHARAT WAGON & ENG. COMPANY LIMITED & ORS. ------------- 02/ 02.04.2010 Heard Mr. S. Paras Mani, learned counsel appearing on behalf of the petitioner and Mr. Udayan Chaudhary, learned counsel representing the Bharat Wagon and Engineering Company Limited and its authorities. The petitioner superannuated from the services of the respondent company and came before this Court for payment of his post retiral benefits as found admissible to him under the voluntary retirement Scheme. It is stated that the company brought a notice dated 17.9.2004 offering voluntary retirement to its employees subject to the stipulations made in the Scheme and in response whereto the petitioner submitted his application for voluntary retirement on 27.9.2004, copy whereof is placed at Annexure-1 to the writ petition. The proposal of the petitioner was accepted on 9.10.2004 (Annexure-2) and no dues certificate was submitted (Annexure-3). The petitioner came before this Court as being aggrieved by non payment of justful amount. A counter affidavit has been filed on behalf of the respondent company and its authorities and in paragraph- 6 of the counter affidavit it is stated that the petitioner had opted for Gujarat pattern of the voluntary Scheme as is evident from entry made in serial no. 7 of the proposal placed at Anenxure-1 of the writ petition where the petitioner had given an option for the Gujarat pattern of the - 2 - voluntary retirement Scheme. It is next stated that the petitioner has been paid Rs. 3,06,896.94 which is 50 per cent more than the amount to which he would have been entitled if the said Scheme would not have been opted for. It is further stated that in addition thereto the petitioner has been paid Rs. 1263.87 by way of unavailed leave, Rs. 69318.46 by way of gratuity and Rs. 3305.60 as Notice Pay. Learned counsel for the petitioner submits that although they do admit that it is 50 per cent more than the earlier Scheme but the details of payment has not been provided to the petitioner. He is not aware as to the heads under which the said amount of Rs. 3,06,896.94 has been paid. He thus submits that the petitioner may be supplied with a break-up of the said amount. I am of the opinion that there should not be any objection on the part of the company to provide to the petitioner the details of the break-up of the amount of Rs. 3, 06,896.94, the amount paid to the petitioner under the Scheme. In that view of the matter, the writ petition is disposed of with a direction to the respondent no. 2, the Managing Director, Bharat Wagon & Engineering Company Limited to provide a break- up of the amount paid to the petitioner under the voluntary retirement Scheme in its Gujarat pattern within a period of three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)