Bombay High Court
Shakeel Ahmad Khan And Ors vs The Nuclear Power Corporation Of India , ... on 6 December, 2022
Author: Abhay Ahuja
Bench: Dipankar Datta, Abhay Ahuja
1-wp-13743-2017
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13743 OF 2017
Shakeel Ahmad Khan & Ors. .. Petitioners
Vs.
The Nuclear Power Corporation of
India Ltd. & Anr. .. Respondents
Mr. Atul Rajadhakshya, Senior Advocate a/w Mr. Ramesh
Ramamurthy a/w Mr. Saikumar Ramamurthy for petitioners.
Mr. Kevic Setalvad, Senior Advocate a/w Mr. Jehan Lalkaka
a/w Shrishti Shetty i/by M. V. Kini & Co. for respondents.
CORAM: DIPANKAR DATTA, CJ. &
ABHAY AHUJA, J.
DATE : DECEMBER 6, 2022 P.C.:
1. This writ petition, dated 13th September, 2017, was instituted seeking, inter alia, the following relief: -
"(b) that this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents-NPCIL management to grant the Petitioners and the persons named in Exhibit "A" who have joined prior to 1st January, 2004 pension as retirement benefit along with the General Provident Fund and Gratuity instead of Contributory Provident Fund forthwith and further direct the said Respondents to make necessary changes in the service book of all such officers so that they get the said retirement benefits on their superannuation or on VRS, as the case may be;
(c) that this Hon'ble Court be pleased to direct in 1 1-wp-13743-2017 pursuance of prayer clause (a) and (b) above, the NPCIL Management to treat all employees covered by this Petition as persons who have opted or deemed to have switched over to Pensions Scheme and further direct the Management to grant Pension even to those the person who have retired prior to the filing of the Petition or during the pendency of the Petition and who are all appointed prior to 1.1.2004 by making necessary changes in the service record of such Employees with all other consequential benefits as may accrue to the Employee Concerned;"
2. Prior to instituting the writ petition, the petitioners had submitted representations dated 10th March, 2017 (Exhibit "P") and 7th April, 2017 (Exhibit "Q") seeking, inter alia, consideration of the proposal contained therein for grant of retirement benefits to the employees of Nuclear Power Corporation of India Ltd. (hereafter "NPCIL", for short) in the form of general provident fund, pension and gratuity. It is, thus clear, that non-consideration of the representations by the NPCIL was the trigger for this writ petition.
3. We had taken up the writ petition for consideration on 29th November, 2022. In course of hearing, our attention was drawn to an order passed by the Deputy General Manager (Legal), NPCIL, dated 31st January, 2022 in compliance with the directions passed by the High Court of Karnataka, Bench at Dharwad, on Writ Petition Nos. 45658- 45697/2017 (Sri Basavaraj G Shirahatti & Ors. vs. Nuclear Power Corporation of India Ltd. & Ors.). The Karnataka High Court had disposed of the writ petition with the following order: -
"Accordingly, the Writ Petitions are allowed. Respondent Nos.1 & 2 are directed to consider the 2 1-wp-13743-2017 representations dated 03.08.2015, 19.10.2015, 31.05.2016, 20.06.2016, 01.08.2016, 11.05.2017, 18.09.2017 & 18.09.2017 produced at Annexures-G, G1 to G7 in the light of Central Government Notification/Office Memorandum dated 26.11.2008, 02.11.2008 and 02.04.2009 and 21.05.2014 produced at Annexures-D, D1 & E respectively in accordance with law and pass appropriate order as expeditiously as possible, but not later than a period of four months from the date of receipt of certified copy of this order."
4. Although NPCIL did not grant relief to the writ petitioners before the Karnataka High Court paragraph 8 of the order dated 31st January, 2022, records as follows: -
"8. However, without prejudice to the above, it is stated that NPCIL is in the process of finalizing a pension scheme in overall interest of its employees to receive some post-retirement benefits in the nature of pension subject to approval of the Board of Directors of NPCIL."
5. We were informed by Mr. Setalvad, learned senior advocate appearing for NPCIL, on 29th November, 2022 that the Board of Directors of NPCIL was likely to meet soon for the purpose of finalizing the pension scheme. It was in view of such statement that hearing of the writ petition was adjourned till today.
6. Mr. Setalvad informs us that though a meeting of the Board of Directors of NPCIL was held on 1st December, 2022, no conclusion was reached to finalize the pension scheme.
7. Since the matter is still pending at the level of the Board of Directors of NPCIL, we are of the view that an opportunity should be extended to the petitioners to approach the Board of Director of NPCIL so that Board can 3 1-wp-13743-2017 explore ways and means to decide whether retiral benefits, as claimed by the petitioners, can be extended or not.
8. With that in view, we permit the petitioners to submit a further representation for consideration by the Board of Directors of NPCIL within two weeks from date. We direct that prior to taking a final decision on whether to introduce any pension scheme, the Board of Directors may look into such representation. An appropriate decision, as is deemed fit and proper, in accordance with law may be taken preferably by 24th March, 2023.
9. This writ petition shall be listed on 31st March, 2023 when the decision of the Board of Directors of NPCIL shall SALUNKE be placed before this Court.
JV Digitally signed by SALUNKE J V Date: 2022.12.07 18:12:57 +0530 (ABHAY AHUJA, J.) (CHIEF JUSTICE) 4