CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA Date of Hearing: 14.11.2025 Date of Order: 16.01.2026 Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member In the matter of :

Dhirendra Nath Mandal, Son of Late Purna Chandra Mandal of 152A, B. P. P. Road, Ghatshila, East Singhbhum, Jharkhand- 832303 last employed in Hindustan Copper Limited at Ghatsila, Moubhander 823 103, Jharkhand ......... Applicant -Versus-

1. Chairman, Hindustan Copper Limited (Government of India) Enterprise, Tamro Bhavan, 1, Ashutosh Chowdhury Avenue, Kolkata-700 019;

2. Union of India, Service through Secretary, Ministry of Law and Justice, Raja Chamber, K.S. Roy Road, Kolkata 700001.

3. The Director (Personnel) Hindustan (Government Copper Limited of India Enterprise), Tamro Bhavan, 1, Ashutosh Chowdhury Avenue, Kolkata- 700 019;

…….Respondents For The Applicant(s): Mr. S. Sengupta; Counsel For The Respondent(s): Mr. G. Singh, Counsel O R D E R Per: Mr. Diwakar Singh, Member (J)

Heard Ld. Counsel on both the sides.

2. The applicant has filed this original application, seeking, inter alia, the following relief(s):

“Direction upon the respondent authorities, their men, agent and subordinate to forthwith correct and determine the benefit of the applicant by maintaining the circular bearing No. HCL/PERS/9/37 dated 28th May, 2001 being annexure "A-1" as per service contract to petitioner and to pay the applicant the financial benefit considering the superannuation age 60 year along with interest (compound) @ of 18% for the period during which retirement benefit was kept withheld along with legal expenses incurred by the appellant.

Direction upon the Respondent authorities, their men, agent and subordinate to forthwith produce all records and/or documents relating to this case so that on perusal of the same conscionable justice may be done. Any other appropriate order or orders as your Lordship may deem fit and proper.”

3. The instant O.A. has been filed by the applicant assailing the action of the respondent authorities in computing and granting the benefits under the Voluntary Retirement Scheme (VRS), 2002 by reckoning the age of superannuation as 58 years instead of 60 years, and for consequential directions to recalculate and disburse the retiral benefits accordingly.

3.1. The relevant facts, in brief, are that the applicant joined service on 31.08.1972 as Shift Assistant (Boiler House) in Indian Copper Complex (ICC), which was subsequently taken over by Hindustan Copper Limited (HCL). During the course of his service, he earned promotions, from time to time, and was ultimately promoted to the post of Deputy Manager (Industrial Engineering) in October, 1997. It is not in dispute that the applicant belonged to the category of ex-covenanted/uncovenanted officers of erstwhile ICC. Initially, the age of superannuation of such category of employees was 60 years. In the year 2001, HCL introduced a Voluntary Retirement Scheme (VRS-2001) vide Office Order dated 28.05.2001 (Annexure A/3), pursuant to which the applicant applied for voluntary retirement on 30.06.2001.However, the same was not accepted by the management. Thereafter, vide Office Order dated 31.01.2002, the age of superannuation of ex-covenanted and uncovenanted officers of erstwhile ICC was reduced from 60 years to 58 years with effect from 01.05.2002, pursuant to approval conveyed by the Government of India. Subsequently, the applicant again applied for voluntary retirement under the VRS-2002 on 20.11.2002. His application was accepted and he was relieved from service with effect from 31.12.2002 (Annexure A/6). The applicant was paid the VRS benefits and retiral dues by reckoning the age of superannuation as 58 years. After acceptance of the VRS and receipt of benefits, the applicant submitted representations dated 04.02.2003 (Annexure A/8) and 09.03.2003 (Annexure A/9) seeking recalculation of benefits by treating his age of superannuation as 60 years. T