l o Peti ti oners : k k\\/\:.W“ Jawahar Lal Mathur s/o shriO B.B. Lo Mathur R/o Qr. No9 11-3, ST 12, Sector 10, Bhilai 3o 5.. 6. Shri. V, Ramj ee‘ 5/0 Late Shri. V. Appala Naresayya. R/o Plot No. 32, sector 11 Aged 54 Years Smriti Nagar, Bhi lai shri . $.33 . Tamhankab’ Agai 55 Years, R/o 74/18, Nehm-Eimgaxym), Bhilai \Q\\ s/o Late Shri. GuThaykuienx s/O Late shri. D.G. Tamhankah. “Kg ‘ K‘ B; Thakur R/o Aged BK-s, 55 Years; ST. 17, Sector \XV 10,\ \‘ Bhilai shri° Sahdeo Roy, Aged 57 Years, 5/0 Late. Shri. Tena Roy R/O Plot No¢ 406/1, Chandra Vihar Nagar, Bhilai 0.9. Gangalay, Aged 56 Years S/O Shri.‘S.P. Gangalay R/O 11-C, Sta 15, Sector 10, Bhilai Shri. CJ'. Samuel. Aged 55 Years ‘ s/O Late Shri a Yohannan J oseph R/O Shakti Vihar Ri sa 1i ’ Bhi lai J .K., Soni' 49 Years s/o Late 5111-1; s.L. Soni R/o 5-D, st. 68. Sector 6, Bhilai B.B. singh, Aged 51 Years, s/o Late shri.‘ J .P. singh Raja Lakshmi Niwas Street Nod/seeel' Colohy, N. Nagar (M, Bhilai T.P. Chandre, Aged 48 Yeers S/O Shriv Tol-I. Chandra Savitri Niwas Sunder Nagar, Bhi lei 9,‘ 10d v1.13. Nb. 3C>%l o£ 2000 IN THE HIGH COURT OF JUDICATURE AT JABALPUR “LP? , Y.M. Mathur, Aged, 54 ears s/o shri. R.N. Mathur 8/52. sector 3, Raj endranagar. Shahibabad, Ghaziabad {U?$ 11o 12a K03, Gu‘uta s/o Lat; shri° AQK..P.v Gupta, Aged 55 Years, R/o 8-A. st¢ 1 sectnr 8, Bhilai Gas. Gupta, s/G Late 3.. . Gupta, Aged 51 Years, R/o 643, st. 28, Bhilai SeCtOr 8’ 14. R. Tiwari S/O Late Shri. RaD. Tiwari 54 Years, R/O E3101: {\Eo. l7, N. Neg3r (W), Bhilai Vi dya 15‘ Shria K.P.R. Thampi S/O Late Dr'. G.P¢ Nair Aged 54 Years, R/o 9-D. Sectm: 28, Bhilai 16. U.Po Sah s/o Late shri. K.3P° sah llnB, Street 8, Sector 10,, Bhilai ' l7. T.P. E’ail t s/O Late 29111.11 Singh ?atil kged 54 Years. R/o Lie, 14k, St. Kcs sector 8, Bhilai laoRaK Tripathik’ S/Oonete Shri. S.C. Tripathy Aaea 52 Years, R70 12-D, Street 8, sectar 10, Bhilai 19.R.S. Rajput s/o Late Shri. ms. Rajput Aged 54 Years, R/O MIG-L-QBO HUDCO, Andi Hagar, Bhi lei 20g 11.5. Modi,‘ S/O Late shri. 3.L¢ Modi, 55 Years, R/o 52/3, N, Nagar (E), Bhilai 21. Samjit Chakreborty s/o Shri. sm. ,chakraborty Agea 51 Years, ll-C, St. 11. Sec-tar 10, Bhi lai Y 229 RQK S/E) .Late‘ Singh, Brahmdeo Singh, Aged 57 Years, R/o 7~Bg st. 8, Sector 7, Bhi lai 23. Re. . Ojha Aged 52 Years, A-73, Sta 27, Smriti Nagar, Bhilai 3/0 Late shri. JcN. Ojha 24-. LéRa Kashyab s/o Late 5h}i¢ Jo. . Kashyap Aged 52 Years, R/o 1-3; Sto 78, Sector 5_, Bhi lai 25. 5A1. Mishra S/O Late Shri. RAT E’Iishra Aged 55 Years, R/b'lé-a, St. 10, sector 10, Bhilai 26o K.N. Rem s/o Lae shri, Jmgmk H° Rem ll—B, St. l3, sector 10, Bhilai Aged 55 Years, 39.,N. Jha , Aged 54 Years, s/o Late shri Jagdish Jha R/o 1-c, St: 58, Sector 6,‘ Bhilai 28. Sac, Shenoy s/o shri. PM, shenoy Aaed 54 Years, R70 114x, St 13, Sector lo, Bhilai 2o N.C. Des 9 s/o Late H. Das, Aged 54 Years, R/O Qr. 1—A, Sto 78, Sector 6,1 Bhilai R.S. Dhanj a1 , Aged 50 Years, s/O Shri. Gurubachan singh gr. so. 11'-c, st. 12, sector 10, Bhilai ScR. Srivastava S/O Shri. Mahabir Pd Shrivastava Aged 52 Years, Qr. No. l2-A, ét. 10, Sector 10, Bhilai S J-I Rahman 3/6 Shri. Md. Nizamuddin Aged 52 Years, Qr. N9, 9-A, st, 1, Sector 8, Bhilai 33. s}0 A K ashr; Royc‘qoudhary ‘Amal Kumar Roychouéhary Aged 52 :Iearg, 8/7, Moti Lal Nehru Nagar (W3 Bhi lai 490 020 4 34. J ¢K§ Elwivedi s/o Late $‘hrio Baidya Aged 54 Years. R/O Qr° Noa 124‘}, Sector 16, Hesnital Sector Bhiiai 35¢ Sosa Kothari 5/0 Late shria S.N. Kothari Aged_ 54 Years Qr. Nag lo—C, St. 28, Sector S, Bhilai $6. Mg Banait, Aged 55 Years, S/O Shrio A. Banait Qr. No. 157, Sector 9, $7.0. ott Lal Nehx‘u Nagar, Bhi lei ' 379 R917. singh S/O Shri. SAX, $inah Aged 52 Years, Qro‘Nd. 114:, sto 14, Sector 10, Bhilai MoL¢ Fcychoudhary s/o Late shrlo N.L. Roychoudhary Ages; 59 Years, 3—3/37 /i5 Bhlla; 39. 5.94., Gill s/o Lave. shri. Exam). Gill, Agedsa Years, R/o 18-A/35/Iv, shilei 40¢ Keshav Mohapizra s/o shrl. Canpat Rao Aged 58 Years, ye/o 6~B/37/5, Bhilel 41c BcDa Raju s/o Late Ase Raj: Aged 5’7 Yaarg. R/O VEGn96, Fadmanabpur, Durc (MP) 42° D° Sasidharan Aged 51 Years, S/o Late shri. Va Damolaran NEG-667, 9admanabpur, Burg (mp9 ERSUS M y?)r Respondents L l, Union of :[ndia Through Sacretary Ministxy of. steel, Shram Shakti Bhawan, N ew D elhi Hindustan Steel Works Ccnstmction Lto". Govt. o£ Inaia Unciertaking, 1, shakespeare Sarani. 8th Flaor, Calcutta - 700 O71 Chairman cum Managing Director, Hindustan steei ‘vjicrks, Constructicm Ltriu Govt. o£ India Undartkking: 1, shakésbeara Sarani, Calcutta - 700 U} l 8th Floor, ‘x/ 3. 4. General Manager \fv kiindustan steel works Constructien Ltd. Nirman Bhéwafx, Emmi - 490 001 (Mow. _WRIT PETITION UNDER ARTICLE 226/227 OF THE CO§Z§ST1TUTIQ§ 'OF INDIA ' XI-HC-22 3am,mng,W mm "Nun“ mm ‘ WP ‘UH‘ . In 200 . ”nunmn n... . x No.3;2001. _. Mr i’j, Shashidharm Aclvocate for the petitioners; 5569/2000, Z371/2000,511 205} i200 1, 468/ 200 l, 184 1542] 2002. MI. PP. Mr. Thakur Vijay Sing; ~14} 20012 8L 1354-]200'2. Nos.220;§002, 431/2002, 7 .11s‘d for the petiticners 111 WP. Sahu. C01. 101‘ résgmndmn N0. 1 in all mt“ M1“. V.V.S. Mm ‘3’. Sr W‘P, N0$.431l’2002, 744/ 2( afommemioned petitions Mr. D€$hmukh, counsci for 1‘6Sp( As 311 mess pexixions n voiumary mm‘emam under introduced by mspondenf Z (P&A} ,I' EsTT; 16} 88 dated i’RRI531/M—7221 dated 18 PER/RR/‘381 (lewd 28.6.19 time upto year 2000. relief petitions are Covored by ’ therefom, these yetitions Lu ordtar. ' La Advocam with Shri {2R2 Sahu. g; WP. Nasgoglpooe, 4205/20e0, 2001, 5.4/2{ 01, 55/2001, 102/2001, H2091, i2é1{2"02: 137‘91'200‘2 Sé 1, A$5istant Solicitor Gmmral 0f India writ petiticms. Counsei far respondent. No.2 £1, ‘3 £11 )02 8c. 1379/2002 anti 1'11 113st of the RS. Koshy, Advocatg with Mr. Vinod indent. No.2 {’x, ’3 ilau: to those. :mployces whu 100k mm the Voiumanr Retirement Scheme 50.2 E— 3 vide. HQ Circuiar To. GM lG.11.1988, HO PEE Eh] 19“! 11.1993. &3 H< Circuiar Ne. Cimular N9. :35, which was exmndxfd from time. 11G claimed by the petitioners m these. points raised in MP NOJZIEODL being di$p0$ed of bv this common Wet wwweferada‘gg mm melee mmqfea %31%Iran%¥t 28.4.2005 Mr. BF Ghosh, counsel for the. pemionex‘ in W? xi-Hc-zz EW,W,Fcmmgt Wm \~(’ Qt H) W 200 WWW mwifww /- agmm mxanrioned that m$pondent No.2 & 3 At the outset it may "be have not denied the admissibility of the benefits to. the petitionem, but their caee is tEat rcapom due to. iinanciai crunch th scheme for reducing the wea‘kmen tome in. ottler to reduce the mancial burden. In the refu mentioned that respondent: empioyeee hut because of pauciry‘ of funds the benefné of 5" r and wages cannot be given HT The first claim made ie'nte concern is running in less and ev introduced voluntary Ietiremem m of :espondent No.2 31. 3 it has been have never denied benefits to its fuli extent. by the petitioners is thatthey are entitled for the ahears of‘ 5‘11 Pay Connniesion from l. 1‘1996 to 31.12.1997. Leamed coun employ-66S of reepondent No Commiesion and thereafter. Pubh‘c Undertakings “7.611 circulzu‘ dated 20.1.1998 {i employees of resyondent No. Allowance. (G.D.A.), they are item 1.1.12196, but the em respondent No.8 have be 1‘ 1. 1998 and have been det from 1.1.1996 to 31.12.19 Mr. Koshy; counsel f except aneam for this peri the dues have been paid to t sei for the petitioners submits that 2 5L- 3 were given benefits of 4m Pay 51!} Pay Commission was given to all 141.1996 and in this connection a. mnexure P—i) was issued. Since the '1‘ 8a 3 fan under the Central Dearness also eligible for 5th Pay Commission pioyees of Bhii‘ai Unit working under allowed the said benefits only £10m Lveti of the said benefits for the period‘ u rr'iespondent No.2 6i: 3 submits that 1.6. fl‘Om 1.1.1996 t0 31.12.1997 ail >/l /,,. 1e petitioners. e 9 o XI—HC-22 15 Wm V "’ ‘1 'M mm“...uu ‘m: 200 nun“nu..."uuuuun mm mm mm WW§WW agwm mmw e3 .- in this cannemian, if we‘ hnk inm the Annexum P—‘l dated 10.11.1988, at the time of ' u oduction of voluntm‘y retirement $che1116 111$: employces of {esp u dent N02 (“h 3 Wire. infommd that they will be, paid an the benfns a3 mentioned in the circular moluding the CPF‘. Earnad Le V6 envashment as per rules of the Companv, gmtuity. $alarv for e notice period and TVA. equivalent to actuai fare of th€ ciass by R’ to which the employe€s is entitled 101‘ 5611” and family proctcd'g t9 rccordal homc town and mimbumcment of actual €xpen iitum jncurmd for u‘ansponation of personal etfact as per TA. Rule ~. Since the lesponaent c0 n pany is running in loss that is Why the Gemini Govennnent came foryvml for fmancia1 aesistance to the respendents-Company and’as informed by Mr. Murthy that in me first instance Rs.79.‘99 cro s non—1313111 ioajl was sanctioned by 'ear 1999—12000 to meet. the liability of statutory dues granted in 1- , 9 as part of comprehensive xevival package, thereafter, a non—p1 ' loan of Rs.$9.4’% erores gmnted in the vear 200 1-02 to meet he. liability of Statutory dues to separated emp1m9ees and sim' aria a nonapian 102m of Rs‘olJl 2-(13 for pavmem of dues to the ‘SCL. Central employees of zespondent Accordingly, the Government has granted so much fmaneml assistance to the respondent—Company in order to make the payment of separated employees as comprehensive viva} package and the petitioners sought voluntmy letixemem. a per tespondent eompany’s scheme, the Central Government. in the (:roxes granted 1‘11 the vear 2 XI-HC—22 3am,m,i§amg{ 3mm mm\f..CR. M a1 200 ....n-u u. ...... . o ..~~...~....... . ..~~..~..~ ~- WWW h\—\,- therefom, respondent No.2 & 3 should not ignom the sacrifice made by the peritioners by seeking vohmtaxy retirement. Thus, in my opinion, in vialv of all ttle above facts the petitioners are emitled for the benefit of 5m Pav Commission and also the. benem of arrears for the yembd fmm 1.1.1996 to 31.12.1997 as (rimmed by the petitioners, as the petiiioners axe a class separate because they have took the volunnnjv wrirement and being retired employees they required so 11c financial aesistance for their settlement after their letir t. The empioveee. who ale still working, are getting their sa ries but. the retired employees are wholly dependait on the ret' ‘al benelits whatever thev received. Pairimllmlv when responclen No.2 8:. 3 have beer} rendered financial assistance bv the itral Government, thev are under obligation to pay the arm s of 5th Pav Commiesion to the employees who took the volultary retirement as per the scheme introduced. hy the respondent 0.2 85 3. As such, it is directed that respondent No.2 8r, 3 shall p the arrears of 51h Pay Commission to the petitioners for the. perio 1. 1. 1996 t0 3- 1. 12, 1997‘, as Claimed bv the petitioners. Now. coming to the se 1d point raised 11V the counsel for the petitioners regarding D‘A which was 389/5 up to 31.6.2000 and ultimatelv increased to 4 96 from 1.7.2000, as mentioned in Clause (h) of Paragraph No of the petition. Counsel for the petitioners’ contention is tha till 30.6.2000 the petitioneis were paid 22% DA only. whereas hev were entitled for the increased DA. As against this Mr. Kc hv submits that as per circular of e n I a -' c 1 . .. XI—HC-22 \ ‘aq zoo WWW wg WW§MW éxavk‘cmm 1999 (Annexure R—Q) made e ective Ministrv of Steel dated 14.7‘ from 1.4.1999 the additional D.A. was frozen on account of In this conncction; kn tha same noun which has besn t of this order that a$ far as the med. it may be legal but for the retireci employees who took t1 e voluntary retirement and they are wholly dependent upon the retired benefits and baking to the contribution of these pexeo $ bV commg fmwalxi for seeking voluntarv letiremem. in ot‘dei workmen in the company so : the company, respondent No.; towards these emplovees, a5: benefits ale the monev on Themfoxe, respondent No.2 6r, rate to the petitioners till the Mr. Koshv tried to raise the approached the Hon'ble Apt Constitution of India for dil release the DA etc and he 11 been dismiseed bV the Honib the oetitioners would be at Company for increase of DA in terms of the scheme. in case the com‘oanv eains protit. But a ain in mv humhle opinion it applies and the. petition was also tiled by entionecl earlier that the Delitioners §nancial crunch and loss to (14331111 I would like “to mentic mentioned. in the earlier pal working employees axe cone tht: company. to contribute for 1eduction of the 1s to reduce the financial bunien on 2 86 3 are expected to mote generous after their retirement—onlv rental whien they can prolong their life. 1 should pay the DA at the mcmascd date thev took voluntanr natitement’. point that some of the employees at Court under Article 32 of the acting the respondent Company to as snhmitted that Said petition has Apex Court with the direction that ertv to approach the respondent to The working employees o As the worln'ng employees. 1 l Wm zle to e mmhu .. u“ “nun” unuuu u... l . ‘b z n XI—HC-22 3am,mrg,i§amgt Wm Wm...nu b~€..£.[sun.“ 200 mm§wm éimm WWW _(l‘,‘ herein are a class separate, they are retired employeeg therefom, mspanc‘ient No.2 3r. 3 even after gettmg {Luanda} assistance from rile Ctn‘u’al Government thtv an: not paying to these cmployces, themfore, thev shguld pay tb‘e DA mersascd from time. to rims by me renrament. As far as the yoint wit Allowance is concamcd. ths increased HRA could not bc paucity of funds. But wt directed to pav the inc1‘ea3en entitleii for incl‘eased I-IRA. No.2 &, 3 slmuld pa; the in mics. The other paint mised is that 1'11 same cases the retirement 1'11 the month of Sewices till June. 20QO, bu is. from 1.919%) n11 then paid to them. In thiS msy has alreadv beet; made and that payment has already be noes Le. actual allovance incurred bv the petitioners for transnonan‘on of their luggage, self-travelling allowance alongwith their dc sment allowmlce are concerned. in this A5: far as ether allowa en received. Central Government t3 The petitioners fill date of their :1 i‘egaltl to the increaee 0f House Rent reply of respondent No.2 8r: 3 is that paid to the empiovees on account of ten nespondent Company has been i DA‘ as such the oetitionem are also Therefore. it is held that. resnondent creased HRA to the petitioners a5 per by leamed counsel For the petitionets peu'tiouer‘s have opted for voluntary ‘August 19Q9 but they continued in : the salon for thie intervening peliod actual date of rethement has not been ect. Mr. Koshy euhmits that vavment the petitionerg? counsel also concedes declared home-town & settli pendent thmily members to teach their .u...nu“nun"...nuu... Nun...“ XI-HC—22 V? 2\c\n 3am, wan—«7;,W Wm . . ...\......E 200 WW mm WWW "’l WW§WW aswm ,‘ caljnectign Mr. Rash}? submi1 taken an objection rhat emplo. thtir luggagc, self travaling e) forged bills without settling at some of the empioyees wem mt; Lin mg the company’s; quarters. M1: Shashidharan. coulnel for the petitioners; argued that Settlemeilt é‘ ace thee. the declared home tUWn. 31111561 for the pamee and having is the manual practice that when an 31‘ transportation charges, travelling endent family members to reach his respondent No.2 5!: 3 are directed to allowance for the employee himself Le of his family, transportation of llowance as per actual expenses the employees upto the extent that these allowances be admiseible to the tespondems ahoui' incurring connection befcre making pays: of the travelling mid alSo the else be entitled to have their . actually eettled at the ileclated As far 21$ the claim reg ‘Cling medical facility is coucelned, ‘1 Lu» menu . 3xxcv¢uxva . ULrd ' 1C. gcuuuuLL L“ it: - Luau .1 .7 A Lu: wCW :.~ ‘ ‘ e the employees are enti‘ded far decide t0 settle at same ether 311 Having heart learned 0 mgard to the facts in case; this employee 1etiree he ie entitled 1' charges for m‘mself and his dep dedared home town, therefore; pay the petitioners u‘aveumg :‘ along with dependent membe- ‘nouse hoic‘ls and settling a. mcmred 1'11 that respect by admiseible under the rulee. It win ie made clear after of those expenses and in. this mm mspondents can aek for tickets teceipt of timisportation. They will satisfaction that the employee has. ‘ lometown. petitioners ' .,.,..W l T t r 5a that Accounts Department has .Yees are claiming transportation of :pEuses 64; settlement allewance 0n their declared heme town and even ewance even if thev satislf'v’ing the x17Hc—22 3am, m, m3? WW mm¥x1\ y »r= . \gi 200 mm > WWW “3 8 WW§WW mm , hwmw given to them 21$ per 4th Pay Commission, whereas it, ought to have been given as per 5”! Pa}? Commission. In this respeCt having considtmd tht poigt raisad by‘i:a111€d~comm€1 for 11h: paitioncrs, I am of the opinion that it is approyriate to direct the mspondents that m case any employm inctmféd any medioal' expenses admi$sib1e to‘hjm befgte the retjmment (Aw per medical rules and then they are entitlec‘l for the. difi‘erence on account. of the rules of pay revieion in pureuamce 01‘ 5th Pay Cemmission on satist37ing by me concerned employee about the ineum‘mg of that expenses clitfeittnce between 4th Pay (ommiss‘ion. 8v. 5th Pay Commission. if any, be paid to the petitioner“. As fax the Chaim of the petitioners I‘egai‘oiiag Leave travel conce-seion {LTC} is concenl‘led, a5 the respondents company is I: ‘ . ah‘eadv mnmng in ioss ami Centra} Govenlmem. has also from ~ ; time to time restricted the L’I‘C entitlement of the empioyees, I am of the opinion that lookmg to the financial crunch of the iespondent Company it is not appropriate to gimit this relief to the petitioners, moreover, they have already been retired and also in View of the fact that in the case of DA inspire the fact that DA has been frozen the petitioners have heen granted mmeaeed DA. hy this ordeix Hence, this claim cannot be allowed. AS far as the last claim of the petitioners regarding benent of atitl‘itional privilege of Earned Leave (EL) and Half Pay Leave has been curtailed is concerned. counsel for the petitioners argued that the benefit of earned leawe and half pay leave: which was auuuqoiu ».i«‘_‘n-'L1.. ix. -n iv r.ma yo n.1‘ uuuuuz. a xuiuu; :. . . .» .. - ' //. t'he A# g XI-HC—22 mm "nuu..uu.u-u.uu.u ”mun” . 3mm ‘ w€.R.\.§A.m. Hi zoo mama mm mm WWW A 9 WW#NW awf§um empioyees were offered voh curtailsd‘ bv rstrospective effect bsneflt with retrosyjective e.ff< 3ct'ca1mot be. considered to be valid. in the first place the mritiomers took the voiuntaly retimment in induced by the respondent company acn force md on the other hand earned leave anti half pay leave with 1ar Annexure 13-2 dated 28.8.2000 by ; comraw to The spirit of circular mv opinion the veepondents axe not ; of earneci leave 85 ha§f pay leave till 1 he. made effective in the cases Wham :cted well 28.8.2000. Accordinglv, give benefn of encashmem of EaJned the petitioner as per rules up to 1g scheme up to that date. msel for the {Jetiiioners submits that ,ome cases xesponciente are charging lemme. which are provided to the at No.2 & 3 in comparison to the outsidem to Whom the co i-ie further submits that ' be recovered from the empl of special diseasee. which were not to Circular Am: Again mtary rerirement ${theme has been exam P4 chated 28.8.2000 with i1: 111v aphlion, culwihncnt of this pursuance of tbs scheme i111 for mduction of the workr Curtailmcnt of the benefit of retmspecu‘ve effect vide Cimu The. respondent Company 1': Annexure 112. Themfore, in entitlecl to curtail the benefn 27.8.2000, however. that cal the retirement has been ejf‘t mspondems ale diret‘ted to Leave 8a Half Pav Leave tr. 2.7.8.2000 as per the prevailij Mr. Shashidharan. C01 anart fmm these ciaims in i more licenee fee of the «.11 employee$ by the responde m any has also provided the quarters. some 01" the case some employees V€CS C011C€H1€(l. lNIl “JP. Samc have ‘ incurred expenses in 1espect XI-HC—22 33W, Wm, $131113? man-nim- aa 200 W ..... ..... mar mm WWW WW WW WW “1c r— %31%mn%sr As faxjas These points; am concerned. the petitisners are at. liberty t9 avajl‘the scpai‘ate remedy as admissible under the law. In m6 result, for thc f0 {Egaing masons, th€ rcspondents'are directed to' make file paymmltsé to the. petitioners in light of the /\ aforesaid dimctions given by 1he (30mm as earlv as possible but not Iater'than six months from of today, as most the potitioners took their retirement 5 to 6 years back and the}? are waiting for their retired dues. Writ. Petitions stand disposed of in terme of the abovo order. Certified copv as per r11 es. Sd/— L.C.BHADOO “‘ Roahan/— I Judge (@W)