Bombay High Court
Mahadev Jainarayan Yadav And Ors vs The Security Printing And Minting Corp ... on 30 March, 2021
Author: R.I. Chagla
Bench: K.K. Tated, R.I. Chagla
12.wpst.409.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO. 409 OF 2021
Mahadev Jainarayan Yadav & Ors. ... Petitioners
Versus
The Security Printing and Minting
Corporation of India Ltd. & Ors. ... Respondents
.........
Mr. Vishal P. Shirke for the Petitioners.
None for the Respondents.
.........
CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 30th MARCH, 2021. P.C. :- 1 Heard learned Counsel Mr. Vishal P. Shirke for the Petitioners. 2 By this Petition under Article 226 of the Constitution of India,
Petitioners are challenging the decision taken by the Respondents in refixing the pay of the Petitioners for calculating Pensionary benefits after they had already sought VRS under the VRS Scheme by recasting their service book unilaterally, retrospectively and without affording an Waghmare 1 / 4 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 06:55:12 :::
12.wpst.409.21.doc opportunity of being heard to the Petitioners.
3 The learned Counsel for the Petitioners submits that the same issue was before the Central Administrative Tribunal, Bombay Bench, Mumbai in Original Application 401 of 2007 with connected 36 matters. He submits that the Central Administrative Tribunal by its order dated 29.08.2008 directed the Respondents to recalculate the pension. He relies on para 25 of the said order which reads thus :
"25. In the result, all the O.As. stand allowed in terms of prayer 8 (a), (b) and (c). However, the interest to be paid to the applicants on the delayed payment is granted only to the tune of 9% p.a. and not 12% as claimed by the applicants. The respondents are accordingly directed to recalculate the pension and other pensionary benefits and issue revised P.P.O. orders to the applicants within a period of three months from the date of receipt of a copy of this order. M.P. Nos.410/2008 to 445/2008 filed in the respective O.As. also stands disposed of. No order as to costs."
4 The learned Counsel for the Petitioners submits that thereafter the Respondents-the Security Printing and Minting Corporation of India Limited and others, challenging the said order before this Court. Waghmare 2 / 4 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 06:55:12 :::
12.wpst.409.21.doc He submits that this Court by order dated 13.07.2018 dismissed the said Writ Petition with modification that instead of interest @ 9%, it should be 6%. To that effect, he relying on the judgment in the matter of the Security Printing and Minting Corporation of India Ltd. and others vs. N.D. Ugale and others, reported in 2018 SCC Online Bombay 1944, para 80 which reads thus:
"80. Accordingly, we uphold the common impugned judgment and order with modification that the interest payable by the petitioners to the respondents shall be 6% instead of 9%. Save and except, this modification, the petitioners are directed to implement the CAT's judgment and order within a period of six weeks from today."
5 The learned Counsel for the Petitioners submits that issue is already covered by the judgment of the Division Bench of this Court. Hence, the present Petition required to be allowed. As no one appeared on behalf of the Respondents, the following order is passed :
i) Petitioners are permitted to serve the Respondents by private notice along with entire proceedings either by R.P.A.D. and/or by hand delivery and file affidavit of service to that effect on or before 17.04.2021.Waghmare 3 / 4 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 06:55:12 :::
12.wpst.409.21.doc
ii) If affidavit of service is filed within time, matter to appear on board on 21.04.2021 else as per C.M.I.S. date.
iii) Petitioners to remove all office objections on or before 17.04.2021 failing which Writ Petition shall stand dismissed without further reference to the Court.
( R.I. CHAGLA, J. ) ( K.K. TATED, J. ) Waghmare 4 / 4 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 04/09/2021 06:55:12 :::