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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Jitendra Prasad Shaw - Appellants
Vs.
National Dairy Development Board - Respondent
Special Civil Application No. 9497 of 2013
Decided On: 09.07.2015
Writ Petition - National Dairy Development Board - National Dairy Development Board Officers (Appointment, Pay and Allowances) (Amendment) Regulations, 2006 - The court discussed the petitioner's appointment on a contractual basis, denial of benefits under the amended regulations, and the voluntarily retirement scheme. The court analyzed the terms and conditions of the appointment, the petitioner's entitlement to benefits, and the rejection of the petitioner's claims. The court found that the petitioner's appointment was contractual and that he was not entitled to the benefits claimed.
Fact of the Case:
The petitioner, a retired employee of the National Dairy Development Board, sought relief through a writ-application under Article 226 of the Constitution of India. The petitioner was appointed as a Senior General Manager on a contractual basis for a period of five years. The petitioner claimed denial of regular wages and benefits under the Voluntary Retirement Scheme, and sought relief from the court.
Finding of the Court:
The court found that the petitioner's appointment was contractual and that he was not entitled to the benefits claimed. The court rejected the petitioner's claims and concluded that the application failed.
Issues: The issues revolved around the petitioner's entitlement to benefits under the amended regulations, denial of regular wages, and benefits under the Voluntary Retirement Scheme. The court also considered the delay in filing the petition and the petitioner's failure to raise certain issues in a timely manner.
Ratio Decidendi: The court's decision was based on the terms and conditions of the petitioner's contractual appointment, the timing of the petitioner's claims, and the rejection of the petitioner's grievances by the respondent-Board. The court emphasized that the petitioner's appointment was contractual and that he had willingly accepted an enhancement in his salary without raising the issue of the amended regulations.
Final Decision: The court rejected the writ-application, finding that the petitioner was not entitled to the benefits claimed and that the application failed.
J.B. Pardiwala, J.
1. By this writ-application under Article 226 of the Constitution of India, the petitioner a retired employee of the National Dairy Development Board, has prayed for the following reliefs:-
"[A] The Honourable Court be pleased to issue a writ of Mandamus or any other appropriate writ order or direction by declaring action of respondent for none granting regular wages as per National Dairy Development Board Officers (Appointment, Pay and Allowances) (Amendment) Regulations, 2006 and benefits under Voluntary Retirement Scheme to petitioner as illegal, arbitrary, capricious, contrary to regulation and violative of Article 14 of the Constitution of India.
[B] The Honourable Court be pleased to issue of a writ of Mandamus or any other appropriate writ order or direction by holding that the petitioner is entitled to all benefit as set out in the Voluntary retirement scheme as given to other regular employee and be further pleased to direct the respondent authorities to give difference of wages as quantified at Annexure-H in the interest of justice with reasonable rate of interest from 30-07-2007 till payment.
[C] Pending hearing and final disposal of the present petition the Honourable Court be pleased to direct the respondent to consider the representation dated 14/02/2011 after giving opportunity of hearing to the petitioner in the interest of justice.
[D] Any other and further order that this Honourable Court may deem fit be passed, in the interest of justice."
2. The facts giving rise to this writ-application may be summarized as under:-
3. The petitioner was appointed as a Senior General Manager by the respondent-Board vide appointment letter dated 12th December, 2005. The appointment was on contract basis for a period of five years. The terms and conditions of the appointment as laid down in the appointment letter dated 12th December, 2005 are as under:-
"1.1. You shall be paid Rs. 35,000/- (Rupees Thirty Five Thousand Only) as consolidated contractual consideration per month with an increase of Rs. 3000/- per annum.
1.2. You shall also be paid Rs. 15000/- per annum as Medical Reimbursement on quarterly basis, besides Rs. 900/- per month as Professional Development Allowance as per NDDB Rules.
1.3. You will be reimbursed insurance premium for self-only upto a medical insurance ceiling of Rs. 1.5 lakh and Tax-perquisite as per rules of NDDB.
1.4. You will be provided with accommodation on the Campus at Anand for which a sum of Rs. 9057/- per month would be recovered from your contractual consideration as house rent deduction.
1.5. You will be eligible to avail leave and LTC benefits as per the relevant rules of NDDB.
1.6. You shall be entitled to Provident Fund as admissible under the rules and regulations of NDDB.
1.7. You will be provided with a Car your personal use upto 500 kms per month as per the policy of NDDB. For this facility a sum of Rs. 300/- per month shall be recovered from your contractual consideration. To direct this vehicle you may appoint a Driver of your choice for which a maximum of Rs. 2000/- per month would be reimbursed to you.
1.8. You shall not be entitled to any other benefits admissible to the regular employees of NDDB nor will you make any claim from NDDB, than those specified herein during or at the end of the contractual assignment.
1.9. You shall have to make a declaration of .....and secrecy in the format enclosed.
2.0. You will, subject to the norms herein contained, be governed by the rules and regulations of NDDB, for the time being in force, including those falling under the National Dairy Development Board Act, 1987, relating to conditions of service as are applicable to you.
3.0. While in the services of NDDB, or at any time thereafter, you shall not divulge any information or knowledge gained by you during your services with NDDB or at any time thereafter, which would be detrimental to the interests of the NDDB.
4.0. You shall not take up any employment elsewhere (as part time or
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