Document Fragment View

Matching Fragments

Petitioner was working as Deputy Manager under the respondent Company and was drawing pay on Scale III during 2009. During 2009-10, a new scheme called Performance Linked Incentive (for short 'PLI') Scheme was formulated and promulgated by the first respondent. Based on the said scheme, high performing units of the company were granted a share of the profit of the company. This amount was divided pro-rata between the employees including the officers of the unit based on their basic pay. Ext.P1 is the copy of Performance Linked Incentive Scheme, 2009. Based on Ext.P1, and the performance of the Regional Office at Kochi where the petitioner was working, the petitioner was awarded the Performance Linked Incentive payment for the year 2009-2010 is the submission. However, the list of eligible offices for the said year was published only very late and by that time, during 2010, the petitioner was already transferred to Trissur Divisional Office is the further submission. For the year 2010-11, the Divisional Office at Trissur was not entitled to PLI payment. Later, the Divisional Office at Trissur was bifurcated to Divisional Office 1 and 2. The petitioner continued with Divisional Office 1 is the submission. The list of offices eligible for PLI under Ext.P1 for the financial years 2011-12 and 2012-13 was not published at that time is the submission. Meanwhile, the petitioner retired from service under the Golden Gate Scheme promulgated by the respondent company. Ext.P2 is the office order relieving the petitioner under the Golden Gate Scheme. It is submitted that, 28.03.2013 was the last working day of the financial year 2012- 13 and as such, the petitioner had worked with the respondent till the last date of the financial year 2012-13. It is submitted that the list of offices entitled to be granted PLI payment for the year 2011-12 was published after the retirement of the petitioner as evident by Ext.P3. Divisional Office, Trissur (un-birfurcated) is included at Sl. No. 429 in Ext.P3 list. Similarly, the office of the petitioner, Divisional Office 1, Trissur, was included in the list of PLI winning offices for the year 2012-13 also as evident by Ext.P4 is the further submission. Divisional Office 1, Trissur is at 274 in Ext.P4. But it is submitted that the petitioner who was part and parcel of the said unit during the PLI winning years was not paid any Incentive. Aggrieved by the same, the petitioner submitted Ext.P5 representation. The same is also not considered is the grievance. It is also submitted that the person similarly placed as the petitioner was already paid the incentive. Therefore, this writ petition is filed with the following prayers:

"(i) to issue a writ of mandamus or other appropriate writ order or direction, commanding the respondents to pay the petitioner amounts due to him towards Performance Linked Incentive for the years 2011-12 and 2012-13 with interest at the rate of 12% from the dates on which the said amounts are due till date of actual payment;
(ii) grant such other relief as may be prayed for and the court may deem fit to grant, and
(iii) grant the costs of this Writ Petition."[SIC]

Therefore, this Writ petition is dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF WP(C) 16571/2015 PETITIONER EXHIBITS P1- TRUE COPY OF PERFORMANCE LINKED INCENTIVE SCHEME 2009 P2- TRUE COPY OF OFFICE ORDER NO10060 PER 09:2012-13 DATED 28.3.2013 P3- TRUE COPY OF LIST OF OFFICES WHICH WON ;LI FOR 2011-12 P4- TRUE COPY OF ORDER NO.