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1997 Supreme(SC) 131

G.T.NANAVATI, K.RAMASWAMY
Hindustan Machines Tools LTD. – Appellant
Versus
M. S. Kang/p. N. Kashyap – Respondent


ORDER

Leave granted.

2. These appeals by special leave arise from the judgment of the High Court of Punjab & Haryana, made on 19.4.1996 in LPA Nos. 2 and 3 of 1996.

3. The admitted facts are that the appellants have formulated a Scheme for voluntary retirement of the employees who have completed 45 years of age, effective from April 1, 1989 for a period of three months subject to the conditions specified in the scheme. The respondents had accepted the scheme and retired thereunder. Thereafter by Office Order No. 45/90 dated March 1, 1991 pay scales were revised in respect of existing employees and those who retired from time to time. In furtherance thereof, the respondents claimed and revision of the scale of pay was sought to be given effect by the office but the audit objection to the payment thereof was raised. Consequently, the respondents filed the writ petitions in the High Court and the learned single Judge allowed the writ petition and appeals were dismissed. Thus, these appeals by special leave.

4. Shri V. Reddy, learned Additional Solicitor General, contends that the Scheme is a special scheme containing the mode of payment of compensation as calculated in terms of the Scheme





















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