IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1866 OF 2005 Between: S.Srinivasan ..... APPELLANT AND Electronics Corporation of India Ltd., Moulali, Hyderabad-762, Rep. by its Managing Director Sri C.Rao Kasarbada & Another .....RESPONDENTS The Court made the following : JUDGMENT: (per THE HON’BLE SRI GHULAM MOHAMMAD) The unsuccessful petitioner in W.P. No. 16253 of 1992 is the appellant. By order dated 19.1.2004, a learned Judge of this Court dismissed the writ petition observing that the petitioner having accepted the Voluntary Retirement Scheme as available in the year 1989 and having drawn all the benefits, cannot turn back and seek for the benefits on revision of pay scales, which were implemented two years after his retirement. The appellant was appointed as Assistant Technical Manager on 5.6.1967 in the respondent Company and rose to the rank of Senior Manager. Pursuant to the Voluntary Retirement Scheme introduced by the respondent Company, the appellant opted for the same with effect from 30.9.1989 and he was paid all the retiral benefits on the basis of his basic pay. After the retirement, Revised Pay Scales, 1991 were introduced giving retrospective effect from 1.1.1987. The grievance of the appellant is that he is entitled for all the retiral benefits calculated on the basic pay after giving effect to the Revised Pay Scale, 1991. Whereas, the stand of the respondent company was that the appellant was paid the statutory benefits calculated on the basic pay after effecting pay revision but the benefits of Voluntary Retirement Scheme being non-statutory in nature and purely contractual, cannot be given retrospective effect. The learned Single Judge by the order impugned herein, dismissed the writ petition, being devoid of merits. When the Writ Appeal is taken up for hearing, learned counsel for the respondent Company has produced copy of the Circular bearing No. ECIL:PG(E):C.No.190 dated 15.3.1991, which speaks of the applicability of revision of pay scales to the Executives below Board level with effect from 1.1.1987. Paragraph 2.2 of the said Circular reads: “…Officers who have ceased to be in the service of the Company after 1.1.1987 on account of superannuation, voluntary retirement, death while in service, resignation with permission and also those terminated on medical grounds, will be eligible for pay revision benefit on pro-rata basis…” In view of the circular read above, the first respondent is directed to calculate and pay the benefits under the Voluntary Retirement Scheme to the appellant in accordance therewith, within a period of four weeks from today. The Writ Appeal is thus allowed in part. No order as to costs. ______________________ Justice Ghulam Mohammed __________________ Justice Sanjay Kumar October 13, 2011 MAS