Delhi High Court Pankaj Kumar Prasad vs National Seeds Corporation Ltd. on 20 November, 2024 $~102 * % Date of Decision:20th November, 2024 + W.P.(C) 5724/2020 & CM APPL. 20683/2020, 28217/2020 PANKAJ KUMAR PRASAD .....Petitioner Through: Mr. Akshit Sachdeva, Advocate versus NATIONAL SEEDS CORPORATION LTD. .....Respondent Through: Mr. Ghanshyam Joshi and Mr. Chirag Joshi, Advocates. HON'BLE MS. JUSTICE JYOTI SINGH JUDGMENT JYOTI SINGH, J. (ORAL) 1. This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India challenging O.M. dated 13.11.2019 whereby the Respondent has annulled the upgradation of the then 05 General Managers and withdrawn the E7 pay scale given to them, which includes the Petitioner, given earlier vide order dated 04.01.2011 and further directed that the Petitioner will deposit the recoverable amount on account of alleged illegal upgradation from E6 to E7 scale. Challenge is also laid to communication dated 13.01.2020 whereby Petitioner was asked to deposit an amount of Rs.9,28,143/, recoverable from him, so that his terminal dues could be released. 2. It is the case of the Petitioner as set out in the writ petition that Petitioner joined the Respondent Corporation in 2008 as a General Manager and at that time, Respondent was a 'C' category Public Sector Undertaking. Signature Not Verified Digitally Signed W.P.(C) 5724/2020 Page 1 of 15 By:KAMAL KUMAR Signing Date:06.12.2024 18:15:58 In the year 2010, Respondent contemplated its upgradation from 'C' category Public Sector Undertaking to 'B' category Public Sector Undertaking. In furtherance thereof, Respondent took steps and obtained approval of the Ministry of Agriculture i.e. its parent Ministry for being recognised as 'B' category PSU and to fulfil the necessary criteria, Respondent took initiative to: (a) upgrade pay scales of its Managing Directors from existing pay scale of Rs.6500075000/ to Rs.7500090000/ as per DPE O.M. dated 08.12.2013; (b) create 02 posts of functional Directors in the pay scale of Rs.6500075000/; and (c) upgrade the post of General Manager (GM) from existing E6 level to E7 level, applicable from the date of Notification of upgradation of the Corporation from 09.12.2010. 3. It is averred that the Respondent, after the approval of the Board of Directors in 235th Meeting and the Nodal Ministry vide letter dated 03.08.2010, upgraded the pay scale of GM from E6 to E7 level w.e.f. 09.12.2010, the date of upgradation of the Corporation from 'C' category to 'B' category. An Office Order dated 04.01.2011 was also issued in this regard wherein there was a reference to the Board Meeting and the Ministry Letter dated 13.08.2010 and it was also stated that consequent upon the upgradation, next upgradation will be due as per FR 23. As a 'B' category CPSE and consequent upon merger of another 'C' category CPSE under the same Ministry, Respondent redesignated the post of GM as Senior General Manager (SGM) w.e.f. 01.04.2014. 4. Petitioner states that in September, 2016, he applied for selection to the post of Managing Director in a 'C' category PSU NERAMAC. After approval of Appointment Committee of Cabinet, Petitioner was selected and