Bombay High Court
Mahadev Jainarayan Yadav And Ors vs The Security Printing And Minting ... on 30 March, 2021
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
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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.
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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.
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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. )
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