1911wp2870.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2870 of 2009 (Padmakar P. Moon and Ors. vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 19/11/2009. Heard Mr. Anand Parchure, Adv. for petitioners and Mr.Adgaokar, Assistant Government Pleader for respondent no.1. In the instant petition, the grievance of petitioners is that the petitioners were employees of respondent no.2 which was a Government Undertaking. All the petitioners opted for voluntary retirement and were paid ex-gratia amount as per the Voluntary Retirement Scheme. At a latter point of time, as per the Scheme evolved by the State Government, all these employees were absorbed by the LIDCOM. However, the petitioners were required to refund the amount of ex-gratia payment received by them under the Voluntary Retirement Scheme. Mr.Anand Parchure, Adv. for petitioners has submitted that this policy was not uniformly applied by respondent no.2 in respect of other employees who were 1911wp2870.09.odt 2 . absorbed by LIDCOM and therefore, the action of respondent no.2 is discriminatory, illegal and unjust. It is, therefore, contended that same is liable to be set aside. Mr. Puranik, Adv. for respondent no.2 has submitted that the contentions canvassed by learned counsel for petitioners is incorrect. The policy of absorption by LIDCOM is uniformly applied and those who have received the amount of ex-gratia payment under the Voluntary Retirement Scheme were all required to refund the said amount. Only one example which is placed on record by the petitioners is in respect of the employees who belong to Maharashtra Electronic Corporation Ltd., does not demonstrate the true picture since action is already initiated against them for recovery of amount of ex-gratia payment received by them under the Voluntary Retirement Scheme. There is no reason for us to disbelieve the statement made by Mr.Puranik, learned counsel for respondent no.1 that the Scheme is uniformly made applicable to all the employees who were absorbed by LIDCOM in absence of any evidence to the contrary available on record. Even otherwise, the Scheme must be applied uniformly to all those employees who are absorbed under the Scheme and if the absorption of anybody is inconsistent with the provisions of the Scheme, in that event, the Authority must 1911wp2870.09.odt 3 . rectify the same in accordance with the terms and conditions of the Scheme. With these observations, the petition is disposed of. JUDGE JUDGE jais