ORDER :

In this writ petition, the petitioner is seeking a writ of Certiorari to call for records up to the issuances of reply from the office of the respondent No.2 to the writ petitioner and quash the same, as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently to direct the respondent No.2 to extend the benefits, as prayed for in representation of the petitioner dated 13.12.2021 and to pass such other order or orders as this Court deems fit and proper in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the writ petitioner is a retired employee of the respondent No.2 Corporation, who retired after 01.01.2007. The respondent No.2 Corporation and ECIL Officers Association (i.e., the ECOA in short), entered into a Memorandum Of Understanding (MOU) on 26.05.2009 concerning implementation of Revision Pay Scale and Allowances to Executives of ECIL for Board Level and below Board Level Executives. The benefits under the said MOU were agreed to be given with effect from 01.01.2007.

3. Pursuant to the notification of the Revision Pay Scales and other benefits of Board and below Board Level Executives, the Government of India, Department of Public Enterprises, an office memorandum dated 25.11.2008 was issued. The ECIL Officers Association (ECOA) requested to implement the pay revision for Executives of ECIL with effect from 01.01.2007 and the same was approved for implementation and according to the learned counsel for the petitioner, the ECIL Management implemented all the terms and conditions of the MOU, except Clause 17 of MOU i.e., under the heading of Superannuation Benefits, wherein the ceiling for superannuation benefits, which may include Provident Fund, Gratuity, Pension and Postretirement Medical Scheme, shall be 30% of the Basic Plus DA.

4. It is submitted that subsequently, an office memorandum dated 02.04.2009 was issued, according to which, the ECIL Management issued personal circular dated 29.05.2009 and Clause 16 of the said circular was with regard to the Superannuation Benefits Pension and Post-Retirement Medical benefit of 30% of the Basic Plus DA and it was directed to be implemented from the year 2011. With regard to the Post- Retirement Medical benefit, it was decided to introduce medical insurance for retired ECIL employees, irrespective of the date of retirement or superannuation. The petitioner and other similarly placed persons made a representation to the respondent No.2 on 13.12.2021, with a request to implement the pension scheme to all the Executives, who retired from ECIL on or after 01.01.2007 as per the MOU between the ECIL Management and ECOA, dated 26.05.2009 and to give all the retired ECIL employees the Post-Retirement Medical benefit at free of cost by charging nominal amount, as is done by BEL & HAL, Hyderabad, who were extending such Post-retirement Medical benefits to all its ex-officials. Before making such a representation, the petitioner and others had obtained information under the Right to Information Act with regard to the financial capacity of the respondent No.2 and according to the information furnished under the Right to Information Act, the Corporation was making sufficient profits and was in a sound financial condition to extend such benefits to the petitioner and similarly placed persons also. The representation of the petitioner was considered and vide letter dated 07.03.2022 the petitioner was informed that the proposal of extending the pension scheme to all the retired executives with effect from 01.01.2007 was considered by the Board and keeping in view of affordability factor in mind and also future pay out capacity of the Corporation, the implementation of the pension scheme was approved for Executives with effect from 01.04.2015 only and that the same was ratified by the Administrative Ministry.

5. As regards the extension of medical facilities for the retired employees at the cost of