IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 OP.No. 25648 of 2002(C) ----------------------------------- PETITIONER(S): ------------------------ T.V.GANGADHARAN, SENIOR MANAGER (P & A) - NEWS PRINT NAGAR, H.N.L.QUARTERS, SENT OUT ON VOLUNTARY RETIREMENT SCHEME, HINDUSTAN NEWSPRINT LTD, NEWSPRINT NAGAR, KERALA. BY ADVS. SRI.B.GOPAKUMAR, SMT.CHINCY GOPAKUMAR. RESPONDENT(S): --------------------------- 1. HINDUSTANA PAPER CORPORATION LTD, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, A GOVT OF INDIA ENTERPRISE 75C, PARK STREET, KOLKATA - 700 016. 2. RAJI PHILIP, CHAIRMAN AND MANAGING DIRECTOR, HINDUSTAN PAPER CORPORATION, 75 C, PARK STREET, KOLKATA - 700 016. 3. HINDUSTAN NEWS PRINT LTD, REPRESENTED BY ITS MANAGING DIRECTOR, A SUBSIDIARY OF HINDUSTAN PAPER CORPORATION LTD. NEWSPRINT NAGAR - 686 616. 4. CHERIAN THOMAS, DEPUTY GENERAL MANAGER (PERSONNEL AND LEGAL), HINDUSTAN PAPER CORPORATION LTD. 75 C, PARK STREET, KOLKATA-700 016. 5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF HEAVEY INDUSTRIES AND PUBLIC ENTERPRISES, UDYOG BHAVAN,NEW DELHI. R1 TO R3 BY ADVS.SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR. R4 BY ADV. SRI.N.JAMES KOSHY R5 BY SRI. P.PARAMESWARAN NAIR, ASST.S.G.OF INDIA SRI.T.P.M.IBRAHIM KHAN SRI.P.S.SREEDHARAN PILLAI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP.NO.25648/2002 C APPENDIX PETITIONER'S EXHIBITS: P1: EXTRACT OF PROMOTION POLICY & CAREER PLANNING FOR SUPERVISORS AND EXECUTIVES. P2: COPY OF OFFICE ORDER NO.02/2002 DTD. 2/1/2002. P3: COPY OF THE TEMPORARY TRANSFER RULES. P4: COPY OF THE COMMUNICATION NO.HNL/PER/1985 DTD. 30/03/02 ISSUED BY DY.GENERAL MANAGER. P5: COPY OF APPLICATION FOR VOLUNTARY RETIREMENT DTD. 29/06/2002 BY THE PETITIONER. P6: COPY OF THE PROMOTIONI ORDER NO,HPC/CH1/DPC-CC-2002 DD. 26/06/2002. P6(A): COPY OF OFFICE ORDER NO.385/2002 DTD. 4/07/2002. P7: COPY OF LETTER DTD. 13/07/2002 FROM THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE FAX DTD. 01/07/2002 FROM THE PETITIONER. R3(B): COPY OF THE ORDER NO.HNL/PER/1405 DTD. 11/01/1997. R3(C): COPY OF THE ORDER NO.PER-ET-05-CPM DTD. 16/07/1999 ISSUED BY THE 1ST RESPONDENT. R3(D): COPY OF THE PROMOTION ORDER NO.399/2002 DTD. JULY 9, 2002. R3(E): COPY OF THE EXTRACT OF THE PROMOTION POLICY (ANNEXURE I (RULE 8 (V). /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P. No. 25648 of 2002 - - - - - - - - - - - - - - - - Dated this the 24th day of October, 2011. JUDGMENT Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The petitioner has filed this writ petition with the following prayers: i. a writ of certiorari or any other appropriate writs, directions or orders quashing not only Exts. P4 and P7 but also the promotion given to the 4th respondent to the grade or cadre of Deputy General Manager in any discipline as it is not due to him in the ordinary course; and the same are illegal and void. ii. a writ of mandamus or any other appropriate writs, directions or orders directing the respondents 1 to 3 not only to set that the application of the petitioner covered by Ext.P4 is re-considered and orders issued thereon granting voluntary retirement to the petitioner with effect from 01.04.2002, but also to revert back the 4th respondent as Senior Manager (Vigilence) instead of accommodating him in service either as Senior Manager (Personal and Legal) or Deputy General Manager (Personal and Legal) or (Personnel and Administration) etc. under the 3rd respondent. 3. The learned counsel for the petitioner states that since the petitioner's application dated 29.06.2002 was accepted for voluntary retirement with effect from 31.07.2002, he is entitled to receive three months' pay as ex-gratia payment under the scheme opted by the respondent. He relied upon the decision passed in judgment in O.P. No. 27314 of 2002 wherein this Court held that an employee who opts for a voluntary retirement, is O.P. No. 25648/2002 : 2: entitled to receive the three months' pay as ex-gratia payment, if his application is accepted prior to three months. The learned counsel for the respondent submits that since the release of the petitioner from the service of the Company was accepted with effect from 01.04.2002 and he has been given voluntary retirement with effect from 31.07.2002, he is not entitled to the ex-gratia payment. The plea of the respondent cannot be accepted. 4. In view of the aforesaid decision of this Court, I direct that the petitioner will be entitled to get only the benefit of three months' notice pay under the voluntary retirement scheme and the salary in respect of the days he had actually worked. The 1st respondent company is directed to compute the above benefit and disburse the same as expeditiously as possible and at any rate within three months from the date of receipt of a copy of this judgment. The delay in granting the benefits beyond the period of three months will attract the liability to pay interest at the rate of 12% per annum. This Original Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv O.P. No. 25648/2002 : 3: B.P. RAY, J. ----------------------------------------------------------- O.P.No. 25648 of 2002 ------------------------------------------------------------- Dated this the 24th day of October, 2011. JUDGMENT