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2012 Supreme(AP) 1055

NOOTY RAMAMOHANA RAO
Nihal Ahmed Siddiqi – Appellant
Versus
Asst. General Manager Bharat Heavy Electricals Limited Ramachandrapuram – Respondent


Advocates Appeared:
For the Petitioners:Praveen Kumar Advocate.
For the Respondents: S.V. Bhatt Standing Counsel for BHEL.

Judgment

This writ petition has been instituted seeking a writ of mandamus directing the respondents to forthwith restore and pay the benefits of wage revision with effect from 01-01-1997 in conformity with the final settlement of the petitioners’ accounts by taking their total length of service and to declare the consequential deductions made, as illegal.

Both the writ petitioners were working with the 1st respondent Bharat Heavy Electricals Limited (henceforth referred to as ‘the BHEL’) at the relevant point of time. BHEL by a notification issued through their personnel department on 01-07-1999 announced “BHEL Voluntary Retirement Scheme”. The Scheme was kept in operation for a period of four months commencing from 01-07-1999, i.e., up to 31-10-1999. Annexure-1 thereof contained the various terms and conditions forming part of the said Scheme. Paragraph No.4 of Annexure-1 spelt out the eligibility norms of the Scheme. Any employee, who has either crossed the age of fifty years or has served the Company (BHEL) continuously as a regular employee for a minimum period of twenty years, is eligible to opt under this Scheme. The length service would also include the training period spen





























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