The revision of pay for non-unionized employees does not establish a vested right, particularly in light of the financial constraints of the employing authority.

JUDGMENT

Chandra Dhari Singh, J. - The instant writ petition has been filed by the petitioners seeking following reliefs:

"i. Issue a writ, order or direction in the nature of mandamus, and/or any other appropriate writ, order or direction under Article 226 and 227 of the Constitution of India for implementation of 2008 Guidelines issued by Respondent No.4 for the revision of scale of pay for the year 2007;

ii. Issue a writ, order or direction in the nature of mandamus and/or any other appropriate writ, order or direction under Article 226 and 227 of the Constitution of India directing the Respondent Nos.1 and 2 for disbursement of arrears and payments of gratuity in terms of 2008 Guidelines issued by Respondent No.4 for revision of scale of pay for the year 2007 and.

iii. Pass such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

FACTUAL MATRIX

2. The issue involved in the writ petitions is common, therefore, all the petitions are disposed of by this Common Order. The petitioners in the present batch matters are the non-unionized employees falling in the category of Board level and below Board level category of employees of respondent no. 1. The petitioners retired during the period of 2010-2020.

3. The respondent no. 1 is Hotel Corporation of India, a public limited company which was incorporated on 8th July 1971 is a subsidiary of respondent no.2 i.e., Air India Limited before till its disinvestment in January 2022 and is now owned by Air India Assets Holding Limited. The respondent no.3 is the Ministry of Civil Aviation; respondent no.3 is the Ministry of Civil Aviation, the nodal ministry for civil aviation as well as the regulates respondent no. 2; and the respondent no.4 is the Department of Public Enterprises, the nodal department for all Central Public Sector Enterprises (hereinafter called "CPSEs").

4. The first revision to the salary of the employees of respondent no. 1 was introduced in the year 1982, for a period of 5 years, i.e. till the year 1987. The Bureau of Public Enterprises issued a direction on 13th August 1984 vide BPE DO No. 2 (145)/72-BPE (WC), to all CPSEs to follow the Industrial Dearness Allowance pattern instead of the Central Scales of pay and Dearness Allowance pattern.

5. Pursuant to the said direction, the respondent no. 1 followed Industrial Dearness Allowance and accordingly, the pay scale was revised for the position of Executives below the Board level and non-unionized supervisors by respondent no.4's DO letter dated 4th April 1990 with effect from 1st January 1987.

6. The respondent no. 4 vide its notification bearing DPE OM no. 2(50)/86/DPE(WC) dated 19th July 1995, again revised the pay scale of below Board level and non-unionized supervisors with effect from 1st January 1992 for a period of another 5 years.

7. On 25th June 1999, the respondent no. 4 further issued the guidelines for revision of pay scales for Board level positions and below Board level positions, including the non-unionized supervisors in Public Enterprises Sectors w.e.f. 1st January 1997 (hereinafter referred to as "1997 Guidelines") for a peri