r APHC010315012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY.THE THIRTY FIRST DAY OF JULY| TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16144 OF 2023 BETWEEN : 1. Nistala Sreenivasa Rao, S/o N.S. Sastry, Hindu, Male, aged about 70 years, Retired as Director (Projects) with Emp.No. 100488, R/o; Flat No.216, C-Block, Fortune Heights, Sivaji Nagar, Visakhapatnam. 2. Eduri Sreerama Murthy, S/o E. Brahmaji Rao, Hindu, Male, aged about 71 years. Retired as Senior Manager with Emp.No. 100029, Ry'o: Ramamurthy Nagar, Old Bank Colony, Yelamanchili, Anakapalli District. 3. Ashutosh Senapati, S/o Nityananda Senapati, Hindu, Male, aged about 70 Years, Retired as ED (P & CS) with Emp.No. 100033, R/o; E/12, Nethalji Subhash Enclave, Gadakana Near KV No.3 Bhubaneswar, Odisha State. 4. Arkalgud Venkatachalaseety Ranganarha, VAC Krishnasetty, aged about 71 years. Retired as DGM(F&A) with Emp.No. 100418, IVo: Flat No.205, Sivaji Nagar, Kurmannapalem, Visakhapatnam. 5. Poona .Tiyanan Ekka, S/o Martin Elcka, Christian, Male, aged about 71 years. Retired as DGM (Constructions) with Emp.No. 100511 R/o: New Garden, Siromtoly, Old HB Road, Ranchi, Jarkand State, b. Rachakonda Deekshitulu, S/o R Parthasarathi, Hindu, Male, aged about 72 years. Retired as GM (Projects) with Emp.No. 100581, l^o: Flat No.908, Sumeru, Saket Sriyam Twin Towers, Kapra, Secunderabad Palce, Hyderabad. 7. Ballina Bhaskara Rao, S/o:B. Malleswara Rao, Hindu, Male, aged about 71 years. Retired Manager (Personal) with Emp.No. 100596, R/o; D.No.27-3-97/2, Samapath Vinayak Temple Street, Official Colony, 2, Srinagar, Gajuwaka, Visakhapatnam. 8. SM Roy Bera, S/o S.Bera, Hindu, Male, aged about 71 years. Retired DGM ( C) with Emp.No. 100645, R/o: E-301, Bliss, Sipani Bliss, Thirumangandahalli, Near Upkar Garden Lay out, Madivalla Village, Marsur P.O., Bengaluru, 9. S Rama Krishna, S/o. Seniappan, Hindu, Male, aged about 73 years. Retired AGM(TC) with Emp.No. 100943, R/o: Villa 26, Aarudhra Enclave, Athipalayam Road, Saravanampatti, Coimatore, Kerala State. 10. Mummadavarapu Sitaram Gupta, S/o. M. Someswara Rao, Hindu, Male, aged about 71 years. Retired DGM (F&A) with Emp.No. 101289, R/o. B Block, G-2, Palace Heights, sivaji Nagar, Kurmannapalem, Visakhapatnam. 11. B.V. Jayaram, S/o BVS Prakasa Rao, Hindu, Male, aged about 72 years. Retired Manager with Emp.No.101373, R/o: D.No.50-2-116/3, Gandhi Nagar, Nakkaanipalem, Visakhapatnam. 12. Prakash Chadra Das, S/o: Madan Mohan Das, Hindu, Male, aged about 69 years. Retired GM (CSM) with Emp.No. 101177, R/o: Flat No.315, Block-3, 6‘ Avenue, Shree Vihar, Chandrasekharpur, Bhubanewar. 13. Ramesh Chandra Pal, S/o Bhagirathi Pal, Hindu, Male, aged about 74 years. Retired GM (Projects) with Emp.No. 100446, R/o: D-203, Palace Heights, Shivaji Nagar, Kurmannapalem, Visakhapatnam. 14. Kannepalli Subba Lakshmi, W/o T. Satyanarayana, Hindu, Female, aged about71 years. Retired Manager (MM) with Emp.No. 100174, R/o:Flat No.206, Rail Vihar, Seethammadhara, Visakhapatnam. 15. Sushanth Kumar Bose, S/o B.B. Bose, Hindu, Male, aged about 69 years. Retired GM ( Projects ) with Emp.No. 100446, R/o Flat No.0506, Lansum Oxygen Towers, Tower-A, D.No.51-l-l/66/5F/0506, 0pp. SFS School, Seethammadhara, Visakhapatnam. 16. T.K. Dalai, S/o. B.P. Dalai, Hindu, Male, aged about 75 years. Retired DGM (Projects) with Emp.No. 102244, R/o; G-4, E Block, Sivaji Nagar, Kurmannapalem, Visakhapatnam. 17. Kurella Chandra Sekhar, S/o. K Ramalinga Sastry, Hindu, Male, aged about 69 years. Retired SR Manager (Personnel) with Emp.No.lOOl 11, R/o; D.No.39-21-27/1/1, Vidyanagar, Madhvadara, Visakhapatnam. 18. Oruganti Rama Krishna Rao, S/o. ON Sharnia, Hindu, Male, aged about 71 years. Retired Manager (Personnel) with Emp.No. 101099, R/o; D.No.6-95/3, Krishnarayapuram, Near Collee of AST, Vepagunta Post, Visakhapatnam. 19. Allada Venkata Ramana, S/o:A Viswanatham, Hindu, Male, aged about74 years. Retired DGM with Emp.No. 114026, R/o; PlotNo.60, D. No.31-50-10/60, LN Gardens, STBL Projects, Kapu Jaggarajupeta, VSGZ, Visakhapatnam. 20. Ashok Kumar Bamwal, S/o. RP Barnawal, Hindu, Male, aged about 72 years. Retired GM with Emp.No. 118732, R/o: FHA 306, Sivaji Nagar, Kurmannapallem, NH.16, Visakhapatnam. 21.1. Rambabu, S/o I. Ramanna, Hindu, Male, aged about 73 years, Retired Dy.Manager with Emp.No. 100300, R/o: D.No.53-23-34/1, Chitanya Nagar, Maddilapalem Visakhapatnam. 22. Kolli Appala Raju, S/o K. Appa Rao, Hindu, Male, aged about 72 years. Retd. AGM (TA) with Emp.No. 101442, R/o. Flat No.B-6, Visakha Apartments, Near Hotel Green Park Pithani Dibba, Visaldiapatnam. 23. B. Uma Maheswara Rao, S/o B. Narasinga Rao, Hindu, Male, aged about 71 years, Rtd., Sr. Manager with Emp.No. 100156, R/o: D.No.31-45/24/1, Vudua Phase-2, Kurmannapalem, Visakhapatnam - 5300046. PETITIONERS. AND io 1. The Government of India, Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises Rept. its Director, Public Enterprises Bhavan, Block No. 14, CGO Complex, Lodi Road, New Dehi - 1 10003. 2. Government of India, Ministry of Steel, Rept. by its Under Secretary (VSP), Udyog Bhavan, New Delhi. 3. RASHTRIYA ISPAT NIGAM LIMITTED (RINL) Rept. By its Chairman & Managing Director, Visakhapatnam Steel Plant (VSP), Visakhapatnam. 4. The Director (Personnel), RASHTRIYA ISPAT NIGAM LIMITTED, Visakhapatnam Steel Plant (VSP), Visakliapatnam. RESPONENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue any writ order or direction more particularly one in the nature of writ of mandamus or appropriate writ to 1) declare the action of the respondents more specifically Respondents in not paying the employer contribution to RINL pension (defined contribution) scheme is wholly illegal, arbitrary and unjust. 2) declare that the HR Policy Circular 15/20 dated.31-07-2020 is not applicable in so far as the petitioners. 3) declare that, the Respondents are liable to pay employer contribution to RINL Pension (Defined Contribution) along with interest without affecting any adjustment /set of leave encashment availed by the Petitioners at the time of retirement. 4) declare the action of the Respondents in non-payment of PRP to the Petitioners during the financial years 2009-10, 2010-11,2011-12, 2012-13 and 2013-14 is illegal and arbitrary. 5) declare that the Respondents are liable to pay PRP amounts without affecting any recovery of the leave encashment availed by the Petitioners at the time of their retirement as per the office order dated.30-12-2013. 6) declare that the payments made towards leave encashment to the 'Petitioners prior to December, 2013 are proper and within the approved rules as on the date. 7) direct the Respondents to release the payment of PRP for the years 2009-10 to 2013-14 as per eligibility to the Petitioners with interest and costs without reference to the recovery of the encashment of the leaves paid to the employees at the time of their retirement. 8) direct the Respondents to pay the employer contribution to RINL Pension (Differed Contribution) Scheme without reference to HR Policy Circular No.15/2020 dated.31-07-2020 lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the payment of Performance Related Pay (PRP) from the financial years 2009-10 to 2013-14 without reference to recovery forthwith pending disposal of this writ petition. Counsel for the Petitioners: SRI MURALI LINCOLNUfl Counsel for the Respondents: Ms. M.UMA DEVI (CENTRAL GOVT COUNSEL) Counsel for the Respondents: SRI/V SUBRAHMANYAM The Court made the following Order: 4 any f APHC010315012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16144/2023 Between: 1. NISTALA SREENIVASA RAO,, S/0 N.S. SASTRY, HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS DIRECTOR (PROJECTS) WITH EMP.N0.100488, R/0. FLAT N0.216, C-BLOCK, FORTUNE HEIGHTS, SIVAJI NAGAR, VISAKHAPATNAM. 2. EDURI SREERAMA MURTHY,, S/0 E. BRAHMAJI RAO, HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED AS SENIOR MANAGER WITH EMP.NO. 100029, R/0. RAMAMURTHY NAGAR, OLD BANK COLONY, YELAMANCHILI, ANAKAPALLI DISTRICT. 3. ASHUTOSH SENAPATI,, S/0 NITYANANDA SENAPATI, HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS ED (P AND CS) WITH EMP.N0.100033, R/O. E/12, NETHALJI SUBHASH ENCLAVE, GADAKANANEAR KV N0.3 BHUBANESWAR, ODISHA STATE. 4. ARKALGUD VENKATACHALASEETY RANGANARHA VAC KRISHNASETTY, AGED ABOUT 71 YEARS, RETIRED AS DGM(F AND A) WITH EMP.NO.100418, R/O. FLAT NO.205, SIVAJI NAGAR, KURMANNAPALEM, VISAKHAPATNAM. > j 2 5. POONA JIYANAN EKKA,, S/O MARTIN EKKA, CHRISTIAN, MALE. AGED ABOUT 71 YEARS, RETIRED AS DGM (CONSTRUCTIONS) WITH EMP.NO.100511 R/0. NEW GARDEN, SIROMTOLY, OLD HB ROAD, RANCHI, JARKAND STATE. DEEKSHITULU HINDU, MALE, AGED ABOUT 72 RETIRED AS GM (PROJECTS) WITH S/O R 6. RACHAKONDA PARTHASARATHI YEARS, EMP,N0.100581, R/0. FLAT NO.908, SUMERU, SAKET > j SRIYAM TWIN TOWERS, KAPRA, SECUNDERABAD PALCE, HYDERABAD. 7. BALLINA BHASKARA RAO,, S/O.B. MALLESWARA RAO, HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED MANAGER (PERSONAL) WITH EMP.NO.100596, R/0. D.NO.27-3-97/2, SAMAPATH VINAYAK TEMPLE STREET, OFFICIAL COLONY. 2, SRINAGAR, GAJUWAKA, VISAKHAPATNAM. ' 8. SM ROY BERA„ S/O S.BERA, HINDU, MALE, AGED RETIRED DGM ( C) WITH ABOUT 71 YEARS EMP.N0.100645, R/0. E-301, BLISS, SIPANI BLISS, THIRUMANGANDAHALLI, NEAR UPKAR GARDEN LAY OUT. MADIVALLA VILLAGE. MARSUR P.O., BENGALURU, 9. S RAMA KRISHNA,, S/O. SENIAPPAN, HINDU, MALE, AGED ABOUT 73 YEARS, RETIRED AGM(TC) WITH EMP.NO.100943, R/0. VILLA 26, AARUDHRA ENCLAVE, ATHIPALAYAM COIMATORE, KERALA STATE. SARAVANAM PATTI, ROAD, 10.MUMMADAVARAPU SITARAM GUPTA, S/O. M. SOMESWARA RAO, HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED DGM ((^ AND A) WITH EMP.NO.101289, R/O. B BLOCK, G-2, PALACE HEIGHTS, SIVAJI NAGAR, KURMANNAPALEM, 3 VISAKHAPATNAM. 11.B.V. JAYARAM, S/0 BVS PRAKASA RAO, HINDU, MALE, AGED ABOUT 72 YEARS, RETIRED MANAGER WITH EMP.NO.101373, R/0. D.NO.50-2-116/3, GANDHI NAGAR, NAKKAANIPALEM, VISAKHAPATNAM. 12.PRAKASH CHADRA DAS,, S/0. MADAN MOHAN DAS, HINDU,, MALE, AGED ABOUT 69 YEARS, RETIRED GM (CSM) WITH EMP.NO.101177, R/0. FLAT N0.315, BLOCK-3, 6 AVENUE, SHREE VIHAR, CHANDRASEKHARPUR, BHUBANEWAR. 13.RAMESH CHANDRA PAL,, S/0 BHAGIRATHI PAL, HINDU, MALE, AGED ABOUT 74 YEARS, RETIRED GM R/0. D-203, NAGAR, (PROJECTS) WITH EMP.NO.100446, PALACE KURMANNAPALEM, VISAKHAPATNAM. SHIVAJI HEIGHTS, W/0 T. 14.KANNEPALLI SUBBA LAKSHMI SATYANARAYANA, HINDU, FEMALE, AGED ABOUT 71 RETIRED MANAGER (MM) WITH R/0.FLAT NO.206, RAIL VIHAR, 11 YEARS, EMP.NO.100174, SEETHAMMADHARA, VISAKHAPATNAM. HINDU, RETIRED GM ( R/0 FLAT TOWER-A, SFS SCHOOL, 15.SUSHANTH KUMAR BOSE,, S/0 B.B. BOSE MALE, AGED ABOUT 69 YEARS, PROJECTS ) WITH EMP.N0.100446, N0.0506, LANSUM OXYGEN TOWERS, OPP. D.NO.51-1-1/66/5F/0506, SEETHAMMADHARA, VISAKHAPATNAM. 16.T.K. DALAL,, S/0. B.P. DALAL, HINDU, MALE, AGED ABOUT 75 YEARS, RETIRED DGM (PROJECTS) WITH EMP.NO. 102244, R/O. G-4, E BLOCK, SIVAJI NAGAR, KURMANNAPALEM, VISAKHAPATNAM. S/O. K RAMALINGA HINDU, MALE, AGED ABOUT 69 YEARS, 17.KURELLA CHANDRA SEKHAR SASTRY, > j 4 RETIRED EMP.N0.100111, SR MANAGER (PERSONNEL) WITH D.NO.39-21-27/1/1, VIDYANAGAR, MADHVADARA, VISAKHAPATNAM. R/0. 18.0RUGANTI RAMA KRISHNA RAO,, S/0. ON SHARMA, HINDU, MALE, AGED ABOUT 71 YEARS, RETIRED MANAGER (PERSONNEL) WITH EMP.N0.101099, R/0. D.NO.6-95/3, KRISHNARAYAPURAM, NEAR COLLEE OF AST, VEPAGUNTA POST, VISAKHAPATNAM. 19.ALLADA VENKATA RAMANA,, S/O.A VISWANATHAM, HINDU, MALE, AGED ABOUT74 YEARS, RETIRED DGM WITH EMP.N0.114026, R/0. PLOT NO.60, D. NO.31-50- 10/60, LN GARDENS, JAGGARAJUPETA, VSGZ, VISAKHAPATNAM. STBL PROJECTS, KAPU 20.ASHOK KUMAR BARNWAL S/0. RP BARNAWAL, HINDU, MALE, AGED ABOUT 72 YEARS, RETIRED GM WITH EMP.N0.118732, R/0. FHA 306, SIVAJI NAGAR, KURMANNAPALLEM, NH.16, VISAKHAPATNAM. 21.1. RAMBABU,, S/0 I. RAMANNA, HINDU, MALE, AGED ABOUT 73 YEARS, RETIRED DY.MANAGER WITH EMP.N0.100300, R/0. D.NO.53-23-34/1, CHITANYA NAGAR, MADDILAPALEM VISAKHAPATNAM. 22.KOLLI APPALA RAJU„ S/0 K. APPA RAO, HINDU, MALE, AGED ABOUT 72 YEARS, RETD. AGM (TA) WITH EMP.NO.101442, R/O. FLAT NO.B-6, VISAKHA APARTMENTS, NEAR HOTEL GREEN PARK PITHANI DIBBA, VISAKHAPATNAM. 23.B. UMA MAHESWARA RAO,, S/0 B. NARASINGA RAO, HINDU, MALE, AGED ABOUT 71 YEARS, RTD., SR. MANAGER WITH EMP.NO.100156, R/O. D.NO.31- 45/24/1, VUDUA PHASE-2, KURMANNAPALEM, VISAKHAPATNAM - 5300046. ...PETITIONER(S) 5 f AND 1.THE GOVERNMENT OF INDIA, MINISTRY OF HEAVY PUBLIC ENTERPRISES, INDUSTRIES DEPARTMENT OF PUBLIC ENTERPRISES REPT. ITS DIRECTOR, PUBLIC ENTERPRISES BHAVAN, BLOCK NO.14, CGO COMPLEX, LODI ROAD, NEW DEHI - 110003. AND 2.GOVERNMENT OF INDIA, MINISTRY OF STEEL, REPT. BY ITS UNDER SECRETARY (VSP), UDYOG BHAVAN, NEW DELHI. 3.RASHTRIYA ISPAT NIGAM LIMITTED RINL, REPT. BY ITS CHAIRMAN VISAKHAPATNAM VISAKHAPATNAM. AND MANAGING DIRECTOR, STEEL PLANT (VSP), 4.THE DIRECTOR PERSONNEL, RASHTRIYA ISPAT NIGAM LIMITTED, VISAKHAPATNAM STEEL PLANT (VSP), VISAKHAPATNAM. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue any writ order or direction more particularly one in the nature of writ of mandamus or appropriate writ to . 1) declare the action of the respondents more specifically Respondents in not paying the employer contribution to RINL pension (defined contribution) scheme is wholly illegal, arbitrary and unjust. 2) declare that the HR Policy Circular 15/20 dated.31-07-2020 is not applicable in so far as the petitioners. 3) declare that, the Respondents are liable to pay employer contribution to RINL Pension (Defined Contribution) along with interest without affecting any adjustment /set of leave encashment availed by the Petitioners at the time of retirement. 4) declare the action of the Respondents in non-payment of PRP to the Petitioners during the financial years 2009-10, 2010-11, 6 2011-12, 2012-13 and 2013-14 is illegal and arbitrary. 5) declare that the Respondents are liable to pay PRP amounts without affecting any recovery of the leave encashment availed by the Petitioners at the time of their retirement as per the office order dated.30-12-2013. 6) declare that the payments made towards leave encashment to the Petitioners prior to December, 2013 are proper and within the approved rules as on the date. 7) direct the Respondents to release the payment of PRP for the years 2009- 10 to 2013-14 as per eligibility to the Petitioners with interest and costs without reference to the recovery of the encashment of the leaves paid to the employees at the time of their retirement. 8) direct the Respondents to pay the employer contribution to RINL Pension (Differed Contribution) Scheme without reference to HR Policy Circular No. 15/2020 dated.31-07-2020. Or 9) to pass lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to release the payment of Performance Related Pay (PRP) from the financial years 2009-10 to 2013-14 without reference to any recovery forthwith pending disposal of this writ petition and to pass Counsel for the Petitioner(S): 1.MURALI LINCOLN Counsel for the Respondent{S): 1.M UMA DEVI (CENTRAL GOVT COUNSEL) 2.VSUBRAHMANYAM The Court made the following: % THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16144 of 2023 ORDER: The present writ petition is filed declaring the action of the Respondents (i) in not paying the employer contribution to RINL pension scheme; (ii) to declare that HR policy circular 15/20 dated 31.07.2020 is not applicable to the Petitioners; (iii) to declare that the Respondents are liable to pay employer contribution to RINL Pension along with interest without affecting adjustment/set of leave encashment availed by the Petitioners at the time of retirement and (iv) to declare the action of the Respondents in non-payment of PRP to the Petitioners during the financial years 2009 to 2014 as illegal and arbitrary. any Learned counsel for the Petitioners as well as learned standing counsel for the Respondents would submit that the issue involved in this Writ Petition is squarely covered by the order dated 29.12.2022 passed by this Court in W.P.No.32634 of 2016 and requested to pass a similar order in this Writ Petition also. 2. In view of the same, this Writ Petition is also disposed of in terms of the order, dated 29.12.2022 passed by this Court in W.P.No.32634 of 2016. There shall be no order as to costs. 4. i 2 ^3^ 5. Registry is directed to attach the copy of the order, dated 29.12.2022 passed by this Court in W.P.No.32634 of 2016 to this order. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- K TATA RAO DEPUTY REGISTRAR /SECTION OFFICER //TRUE COPY// To, The Director, Government of India, Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises Public Enterprises Bhavan, Block No.14, CGO Complex, Lodi Road, New Dehi - 110003. The Under Secretary (VSP), Government of India, Ministry of Steel, Udyog Bhavan, New Delhi. The Chairman and Managing Director, Rashtriya Ispat Nigam Limitted RINL, Visakhapatnam Steel Plant (VSP), Visakhapatnam. The Director Personnel, Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant (VSP), Visakhapatnam. One CC to Sri. Murali Lincoln, Advocate [OPUC] One CC to Ms. M Uma Devi (Central Govt. Counsel) [OPUC] One CC to Sri. V Subrahmanyam, Advocate [OPUC] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. vna li HIGH COURT DATED:31/07/2025 ORDER WP NO. 16144 OF 2023 ^ 1 <1 AUG 2025 (9 Co ^fstowntSKUsO'^*/' ''■SssaussS^ 3- DISPOSING OF THE WRIT COSTS PETITION WITHOUT