¥ I ■ APHC010445902023 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 NQ: 23064 OF 2023 BETWEEN; " - ' ' i. Cherakani Venkata Ramana, S/o Ch Kondayya, Hindu, Male, aged about 70 years. Retired as Sr. Manager with Emp.No. 100077, R/o; D.No.49-54-7, Flat No.20l, RR Residency, Seethamma Dhara North Extn., Visakhapatnam-530013. 2. Silaparasetty Rayappa Raju, S/o S. Prakasam, Hindu, Male, aged about 70 years. Retired as Senior Manager with Emp.No.l00145, Residency, Seethammdha A1 SEB Colony, Visakhapatnam - 530013. 3.R.V. Prasad, S/o R.V. Ramana Murthy Hindu, Male, aged about 72 Years, Retired as Manager with Emp.No.l00146, R/o; D.No.8-27, Prasanthi Nagar, Port Colony, Pendurthy, Visakhapatnam -530013. 4. V. Sanyasi Rao, S/o V. Apparao, Hindu, Male, aged about 72 years, ’ Retired as Manager with Emp.No. 100150 R/o: 2- Floor, D.N.4W53-20-22, Divya Sakthi Nagar Balayya Sastry Lay Out, Visakhapatnam-531 5 Birudugadda Gnana Sundaram, S/o B. Sundara Rao Hindu, Male, aged about 72 years. Retired as Manager with Emp.No. 100163, IVo; Plot No.226, Visalakshi Nagar 6.Motapothu Srinivasa Rao. S/o. M. S'ibba R?- Hindu, Male, aged about 70 years. Retired as Sr. Manager with Emp.No. 100274 R/o;D.No.3-28-9/7, Sai Nagar, M.R. Peta, Tuni - /. Yellamalli Rajeswara Rao, S/o Y. Raja Rao Hindu, Male, aged about 72 years. Retired Manager with Emp.No. 100308, R/o; H.N0.4-130/2, Kukkavaripeta, Razole Mandal Razole, Konaseem,a Distirct - 533242. ra Junction, ? ? 173. Visakhapatna- -530013. 533401. 8. K.S. Shankar, S/o S.R. Satyamurlhy, Hindu, Male, aged about 73 years. Retired as Director with Emp.No. 100454, R/o;H.No.46D, Seetammal Road, Alwarpet, Chennai - 600018. 9.A.V. Ramanaiah, S/o. V. Venkanna, Hindu, Male, aged about 74 years. Retired GM with Emp.No. 100490, R/o: Flat No.501, Srinidhi Orchid-2, Prasanthi Nagar, Doctors Colony, Pedda Waltair, Visalchapatnam - 530017. 10. Keshabananda Laskar, S/o U Ch Laskar, Hindu, Male, aged about 71 years. RetiredDGM with Emp.No.100513, R/o. Flat No.203, Vizag Profile Tower, Kurmanipalem, Visakhapatnam- 530046. 11. P. Rama Chandra Rao, S/o P. V. Chalam, Hindu, Male, aged about 70 years. Retired Dy. Manager with Emp.No. 100599, R/o: D.No.23-10-8, Plot No.101, RJAppanaidu Street, GVR Residency, Visakhapatnam - 530001. 12. Undu Gangadhara Rao, S/o U Subba Rao, Flindu, Male, aged about 70 Years, Retired DGM with Emp.No. 100634, R/o: D.No.31-57-10, Sri Sai Ganesh Nagar, Kurmanna Palem, Visakhapatnam - 530046. 13. N. Hari Kumari, W/o Naidu Appa Rao, Hindu, Female, aged about 71 years. Retired Manager, with Emp.No. 100652, R/o:D.No.30-82-1/27, Road No.3, Thirumala Nagar, Vadlapudi, Visakhapatnam - 530046. 14. Rajinder Kaur Kalsi, W/o Dalbir Singh Kalsi, Hindu, Female, aged about67 Years, Retired General Manager with Emp.No. 100662, R/o:A3, Dyananda Colony, Lajpatnaar 4, New Delhi - 110024. 15. M Harinath Babji, S/o M Subrahmanyam Hindu, Male, aged about 70 Years, Retired Manager with Emp.No. 100703, R/o HIG-177, VUDA PHASE-7, Dwarakapuri, Kaanapali, Visakhapatnam - 530049. 16. Teki Chandra Kumari, W/o T. Jagan Mohar Rao, Flindu, Female, aged about 72 Years, Retired Manager, with Emp.No. 100908, > 9 s R/o: 1-1302, Aparana Cyber Life, Nallagandla, Serilingampally, R.R. District, Telangana - 500019. 17. Duggraju Ramachandra Rao, S/o D Meeraiah, Hindu, Male, aged about 7h0 Years, Retired Manager with Emp.No. 100997, R/o: D.No.49-54-7, BS Lay Out, Seethammadhara, Visalchapatnam - 530013 18. Yella Prabhakara Appaji, S/o Y Appala Raj Hindu, Male, aged about 70 years. Retired Dy. Manager with Emp.No. 100999, R/o: D.No.49-54-11/A, Flat No.302, Chandu’s Kanta Bhushanam Towers, Near Raghavendra Hospital, Seethammadhara, Visakhapatnam - 530013. 19. J. Haranadh Baba, S/o J. Yagna Narayana, Hindu, Male, aged about73 years. Retired DGM with Emp.No. 114026, R/o:D.No.26-31-78, Behind Subrahmanyeswara Temple : Rtyupalem (PO) JNP, Anakapalle -531019. I 20. Suravarapu Prasada Rao, S/o SA. Karneswara Rao, I Hindu, Male, aged about 70 years. Retired DGM with Emp.No. 101418, I R/o. C-89, Flat No.A. 1 Vora Towers, Madhuranagar, Hyderabad -500038. 21. Pernma Raju Gopala Krishnaiah, S/o P.V.S.N. Murthy, Hindu, Male, aged about 73 years, Retired Dy.Manager with Emp.No. 101434, R/o: Villa 100, Gran Carmen Address, Sarjapura Road Bandalore - 560013. f u, 22. G Simson, S/o, A Granathildcam years. ? ? Hindu, Male, aged about 73 Retd. GM with Emp.No. 102123, R/o. 135/70/K2, New Street, Toruppattur, Siva Ganga District, Tamil Nadu - 630211. 23. Alluri Venkatapathi Raju, S/o A. Narayana Raj Hindu, Male, aged about 73years. Retd., DGM (Services) with Emp.No. 102175, R/o. 55-14-7, APSEB Colony, Seethammadhara, Visakhapatnam - 530013. 24. Gundala Vijaya, S/o G. Ramesh Kumar, I-Iindu, Male, aged about 70years, Retd., Manager, with Emp.No. 102345, R/o: Flat No.204, Sairam Apartments, Behind Hotel Grand Bay Maharanipeta, Visakhapatnam - 530002. 25. Vaddi Sateswara R.ao, S/o V Appala Swamy Naidu, Hindu, Male, aged about 74 Years, u, Retd Dy Manager, With Emp.No. 102348, 54-12-17/15/3, Sari Srinivasa ^ / ^hanu^nlg^i^^R Vs Krishan (HB Colony) Visakhaptnam 26. Madabathulla Rama Rao, S/o; M Appalaswamy, Hindu, Male, aged about 73 Years, Retd., DM, with Emp.No. 102525, ^ ^^onoi R/o; D.No.20-107-5, Kotha Agraharam, Visakhapatnam -530001. 27. VVR Murthy, S/o. V Kamaeswara Sarma, Hindu, Male, aged about 73 Years, Retd., Sr. Manager, with Emp.No. 103447, R/o; D.No. 102-K, Comfort Homes, Purushothampuram,Visakhapatnam -530051. 28. ARM Rao, S/o A Seshagiri Rao, Hindu, Male, aged about 75 Years, Retd., DGM, with Emp.No.l06577, R/o- D.No.47-13-4, 5"’ Lane, Dwaraka Nagar, Shankaramatam Road, Visakhapatnam -530016. 29. GS Ghode, S/o SB Ghode, Hindu, Male, aged about 75 Years, Retd., AGM, with Emp.No. 107411, R/o; 61, Sri Gajanana Lokamanya Nagar, Indore, Madya Pradesh - 452009. 30. Thadi Prabhakar Rao, S/o TK Swammy, Hindu, Male, aged about 73 Years, Retd., ED (Works) with Emp.No. 107622, s^noi? R/o; E-96, Panchavati Colony, Akkireddypalem,, Visakhapatnam -530 . 31. Vinukonda Subrahmanyaeswara Rao, S/o VV Naarasinga Rao, Hindu, Male, aged about 75 Years, Retd., GM (Safety), with Emp.No.108053, R/o; 303, 3^^* Floor, Plot 26, 27, Jewel Krishna, SS Lay Out, Nallagandla, 0pp. Revove CLINl, Serilingampally, Lingampally - 500019. 32. RV Satyanarayana, S/o R Appa Rao, Hindu, Male, aged about 75 Years, Retd., DGM, with Emp.No.l08058, R/o; B-4, My Home Gardenia, NH 16 Road, Tanuku - 534211. . Surabattula Rafendra Prasad, S/o Murali Dhara Rao, Hindu, Male, aged about 73 Years, Retd., GM, with Emp.No.l 13012, R/o; Flat 2K, B Block, Pavan Midway Residency, Sheela Nagar, Visakhapatnam - 530012. 33 34. Harminder Singh Chhatwal, S/o Sohan Singh, Hindu, Male, aged about 76 Years, Retd., Director, with Emp.No. 1 18794, R/o: K 47, Fatheh Nagar, New Delhi - 201014. 35. Pradip Kumar Bishnoi, S/o OM Prakash Bishmoi Hindu, Male, aged about 72 Years, Retd., CMD, with Emp.No. 119927, R/o: 01031 ATS, Advantage, Indirapuram, Ghaziabad - 201014. 1, PETITIONERS. AND 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 - 110003. 2. Government of India, Ministry of Steel, Rept. by its Under Secretary (VSP), Udyog Bhavan, New Delhi. 3. RASHTRIYA I SPAT 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), Visakhapatnam. 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 to issue 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 in non-payment of PRP (Performance Related Pay) to the Petitioners during the financial years 2009- 10, 2010-11,2011-12, 2012-13 and 2013-14 is illegal and arbitrary. 2) declare the action of the respondents more specifically Respondents No.3 and 4 in not paying the employer contribution to RINL pension (defined contribution) scheme is wholly illegal, arbitrary and unjust. 3) declare that the HR Policy Circular 15/20 dated.31-07-2020 which not retrospective is not applicable in so far as the petitioners who were retired from their services from 2007 to November 2013. 4) 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. 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 (Performance Related Pay) 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 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 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 the above writ petition. Counsel for the Petitioners: SRI MURALI LINCOLN-^O- Counsel for the Respondents: SRI M.UMA DEVI (CENTRAL GOVT COUNSEL) Counsel for the Respondents: SRI TVS PRABHAKARA RAO Counsel for the Respondents: SRI V SUBRAHMANYAM The Court made the following Order: r . APHC010445902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY.THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23064/2023 Between: 1. CHERAKANI VENKATA RAMANA, S/0 CH KONDAYYA, HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS SR. MANAGER WITH EMP.NO.100077, R/0. D.N0.49- 54-7, FLAT NO.201, RR RESIDENCY, SEETHAMMA DHARA NORTH EXTN., VISAKHAPATNAM-530013. 2. SILAPARASETTY RAYAPPA RAJU„ S/0 S. PRAKASAM, HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED AS SENIOR MANAGER WITH EMP.NO.100145, R/0. GROUND FLOOR, SRIVARSHINI RESIDENCY, SEETHAMMDHARA JUNCTION, APSEB COLONY, VISAKHAPATNAM - 530013. 3. R.V. PRASAD,, S/0 R.V. RAMANA MURTHY, HINDU, RETIRED AS MALE, AGED ABOUT 72 YEARS MANAGER WITH EMP.N0.100146, R/O. D.NO.8-27, PRASANTHl NAGAR, PORT COLONY, PENDURTHY, VISAKHAPATNAM -530013. HINDU, MALE, RETIRED AS MANAGER 4. V. SANYASI RAO,, S/O V. APPARAO AGED ABOUT 72 YEARS, WITH EMP.NO.100150, R/O. 2ND FLOOR, D.N.49-53-20- 22, DIVYA SAKTHI NAGAR, BALAYYA SASTRY LAY 2 OUT. VISAKHAPATNAM-531173. 5. BIRUDUGADDA GNANA SUNDARAM,, S/0 B. SUNDARA RAO, HINDU, MALE, AGED ABOUT 72 YEARS, RETIRED AS MANAGER WITH EMP.NO.100163, R/0. PLOT N0.226, VISALAKSHI NAGAR, VISAKHAPATNA- - 530013. \ \ 6. MOTAPOTHU SRINIVASA RAO., S/0. M. SLIBBA RP- HINDU, MALE, AGED ABOUT 70, YEARS, RETIRED AS SR. MANAGER WITH EMP.NO.100274, R/O.D.NO.3-28- 917, SAI NAGAR, M.R. PETA, TUNI - 533401. 7. YELLAMALLI RAJESWARA RAO,, S/0 Y. RAJA RAO, HINDU. MALE, AGED ABOUT 72 YEARS. RETIRED MANAGER WITH EMP.N0.100308, R/0. H.NO.4-130/2, KUKKAVARIPETA, RAZOLE MANDAL, KONASEEMA DISTIRCT - 533242 RAZOLE 8. K.S. SHANKAR,, S/0 S.R. SATYAMURTHY, MALE, AGED ABOUT 73 YEARS. DIRECTOR WITH EMP.NO.100454, SEETAMMAL ROAD, ALWARPET, CHENNAI - 600018. HINDU, RETIRED AS R/0.H.N0.46D, 9. A.V. RAMANAIAH,, S/0. V. VENKANNA, HINDU, MALE. RETIRED GM WITH R/0. FLAT NO.501, SRINIDHI AGED ABOUT 74 YEARS. EMP.N0.100490, ORCHID-2, PRASANTHI NAGAR, DOCTORS COLONY, PEDDA WALTAIR, VISAKHAPATNAM - 530017. 10.KESHABANANDA LASKAR,, S/0 U CH LASKAR, HINDU. MALE, AGED ABOUT 71 YEARS, RETIRED DGM WITH EMP.N0.100513, R/O. FLAT NO.203, VIZAG PROFILE TOWER, KURMANIPALEM, VISAKHAPATNAM -530046. 11.P. RAMA CHANDRA RAO,, S/0 P.V. CHALAM, HINDU, MALE, AGED ABOUT 70 YEARS. RETIRED DY. MANAGER WITH EMP.N0.100599. R/O. D.NO.23-10-8, PLOT NO. 101, RJAPPANAIDU STRCCT, GVR 3 RESIDENCY, VISAKHAPATNAM - 530001. S/0 U SUBBA RAO, RETIRED 12.UNDU GANGADHARA RAO HINDU, MALE, AGED ABOUT 70 YEARS, DGM WITH EMP.N0.100634, R/O. D.NO.31-57-10, SRI PALEM, KURMANNA SAI GANESH NAGAR, VISAKHAPATNAM 530046. 13.N. HARI KUMARI, , W/0 NAIDU APPA RAO, HINDU, FEMALE, AGED ABOUT 71 YEARS, RETIRED MANAGER, WITH EMP.NO.100652, R/O.D.NO.30-82- 1/27, ROAD NO.3, THIRUMALA. NAGAR, VADLAPUDI, VISAKHAPATNAM 530046. 14.RAJINDER KAUR KALSI, , W/0 DALBIR SINGH KALSI, HINDU, FEMALE, AGED ABOUT67 YEARS, RETIRED GENERAL MANAGER WITH EMP.NO.100662, R/O.A3, DYANANDA COLONY, LAJPATNAAR 4, NEW DELHI - 110024. HARINATH BABJI,, S/0 M SUBRAHMANYAM, HINDU, AGED ABOUT 70 YEARS, RETIRED MANAGCR R/O HIG-177, VUDA PHASE-7, 15.M MALE, WITH EMP.NO.100703 DWARAKAPURI, KAANAPALI, VISALCHAPNTNNM 530019 CHANDRA KUMARI,, W/0 T. JAGAN MOHAR RAO, FEMALE, AGED ABOUT 72 YEARS, RETIRED R/O 1- 1302 NALLAGANDLA 16.TEKI HINDU, MANAGER, WITH EMP.N0.100908 LIFE CYBER APARANA SERILINGAMPALLY RR DISTRICT TELANGANA 500019 17 DUGGRAJU RAMACHANDRA RAO,, S/0 D MEERAIAH, RETIRED MALE, AGED ABOUT 70 YEARS, HINDU, , MANAGER WITH EMP.NO.100997, R/O. D.NO.49-54-7, BS LAY OUT, SEETHAMMADHARA, VISAKHAPATNAM - 530013 18.YELLA PRABHAKARA APPAJI,, S/0 Y APPALA RAJU, 4 .m HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED DY. MANAGER WITH EMP.NO.100999, 11/A, FLAT NO.302, CHANDU'S KANTA BHUSHANAM TOWERS, R/0. D.NO.49-54- NEAR RAGHAVENDRA HOSPITAL SEETHANUNADHARA, VISAKHAPATNAM 530013. 19.J. HARANADH BABA S/0 J. YAGNA NARAYANA, HINDU, MALE, AGED ABOUT73 YEARS, RETIRED DGM WITH EMP.N0.114026 SUBRAHMANYESWARA TEMPLE, JNP, ANAKAPALLE -531019. R/O.D.NO.26-31-78, BEHIND RAJUPALEM (PO) 20.SURAVARAPU PRASADA RAU,, S/0 SA. KAMESWARA HINDU, MALE, AGED ABOUT 70 YEARS, RETIRED DGM WITH EMP.NO.101418, R/0. C-89, FLAT NO.A.1 VORA TOWERS, HYDERABAD -500038. RAO, MADHURANAGAR, 21.PEMMA RAJU GOPALA KRISHNAIAH S/0 P.V.S.N. MURTHY, HINDU, MALE, AGED ABOUT 73 YEARS, RETIRED DY.MANAGCR WITH EMP.NO.101434, VILLA 100, GRAN CARMEN ADDRESS, SARJAPURA ROAD, BANDALORE 560013. R/0. 22.G SIMSON, , S/O, A GRANATHIKKAM AND HINDU, RETD. GM WITH R/0. 135/70/K2, NEW STREET MALE, AGED ABOUT 73 YEARS, EMP.NO.102123, TORUPPATTUR, SIVA GANGA DISTRICT, TAMIL NADU 630211. 23.ALLURI VENKATAPATHI RAJU, , S/O A. NARAYANA RAJU, HINDU, MALE, AGED ABOUT 73YEARS, RETD., DGM (SERVICES) WITH EMP.NO.102175, R/O. 55-14-7, SEETHAMMADHARA, APSEB COLONY, VISAKHAPATNAM 530013. 24.GUNDALA VIJAYA, , S/O G. RAMESH KUMAR, HINDU MALE, AGED ABOUT 70YEARS WITH EMP.NO.102345 RETD., MANAGER, R/O. FLAT NO.204, SAIRAM 5 APARTMENTS, ^ BEHIND HOTEL GRAND BAY, MAHARANIPETA, VISAKHAPATNAM 530002. 25.VADDI SATESWARA RAO,, S/0 V APPALA SWAMY NAIDU, HINDU, MALE, AGED ABOUT 74 YEARS, RETD., DY. MANAGER, WITH EMP.NO.102348, R/O. FF- 1, D.NO.54-12-17/15/3, SARI SRINIVASA SADAN APARTMENTS, BHANU NAGAR, NRDR VS KRISHAN (HB COLONY) VISAKHAPTNAM 530002. 26.MADABATHULLA RAMA RAO,, S/0. M APPALASWAMY, HINDU, MALE, AGED ABOUT 73 YEARS, RETD., DM, WITH EMP.NO.102525, R/O. D.NO.20-107-5, KOTHA AGRAHARAM, VISAKHAPATNAM -530001. 27.WR MURTHY,, S/0. V KAMAESWARA SARMA, HINDU, RETD., SR. MALE, AGED ABOUT 73 YEARS MANAGER, WITH EMP.NO.103447, R/O. D.NO. 102-K HOMES, COMFORT PURUSHOTHAMPURAM,VISAKHAPATNAM -530051 28.ARM RAO,, S/0 A SESHAGIRI RAO, HINDU, MALE, AGED ABOUT 75 YEARS, RETD., DGM, WITH EMP.NO.106577, R/O. D.NO.47-13-4, 5TH LANE, DWARAKA NAGAR, SHANKARAMATAM ROAD, VISAKHAPATNAM -530016. 29.GS GHODE,, S/0 SB GHODE, HINDU, MALE, AGED ABOUT 75 YEARS, RETD., AGM, WitH EMP.NO.107411, R/O. 61, SRI GAJANANA LOKAMANYA NAGAR, INDORE, MADYA PRADESH -452009. 30.THADI PRABHAKAR RAO,, S/0 TK SWAMMY, HINDU, MALE, AGED ABOUT 73 YEARS, RETD., ED (WORKS) WITH EMP.N0.107622, R/O. E-96, PANCHAVATI COLONY, AKKIREDDYPALEM, VISAKHAPATNAM - 530012. 31.VINUKONDA SUBRAHMANYAESWARA RAO,, S/0 W Y^R^'RmT. "'GED ABOUT 7£ R/0 303 3rL FI noR^Cr^^'^'' EMP.NO. 108053, SS LAY OUT, NALUGANDLA^’opp^^'^^^ KRISHNA, SERILINGAMPALLY. LINGAMPALLY N REVOVE CLINI, -500019. m!, ®'0 R APPA RAO HINDU 16 ROAD, TANUKU 534211. 33.SURABATTUU RAFENDRA PRASAD S/O MIIRan DHARA RAO, HINDU, MALE, AGED ABOUT 73 YEARS retd., GM, with EMP.NO.113012, R/0. FLAT 2K R LOCK, PAVAN MIDWAY RESIDENCY SHEELA NAGAR,VISAKHAPATNAM- 530012. ’ ^ 34.HARMINDER SINGH CHHATWAL HINDU, MALE, AGED ABOUT 7 director, with EMP.no.118794 NAGAR, NEW DELHI - 201014. 35.PRADIP KUMAR BISHNOI,, S/O OM PRAKARM BISHMOl, HINDU, MALE, AGED ABOUT 72 YEARS retd., CMD, WITH EMP.N0.119927 R/0 01031 ATS ADVANTAGE, INDIRAPURAM, GHAZIABAD - 20101^ ' , NH S/O SOHAN SINGH, retd., R/0. K 47, FATHER 76 YEARS, ■..PETITIONER(S) AND dirktoT''" enterprises rTpt ^its Nan cgo^SlIx^^"^^"^^ ^eock 110003. 2.GOVERNMENT OF INDIA, BY ITS UNDER SECRETARY LODI ROAD, NEW DEHI ministry of steel, REPT (VSP), udyog bhavan. r ■ NEW DELHI. S.RASHTRiYA ISPAT NIGAM LIMITTED RINL, REPT. BY ITS CHAIRMAN AND MANAGING VISAKHAPATNAM STEEL VISAKHAPATNAM. 4.THE DIRECTOR PERSONNEL, RASHTRIYA ISPAT NIGAM LIMITTED, VISAKHAPATNAM STEEL PLANT (VSP), VISAKHAPATNAM. DIRECTOR, (VSP), PLANT ...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 topleased to issue 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 in non-payment of PRP (Performance Related Pay) to the Petitioners during the financial years 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 is illegal and arbitrary. 2) declare the action of the respondents more specifically Respondents No.3 and 4 in not paying the employer contribution to RINL pension (defmcd contribution) scheme is wholly illegal, arbitrary and unjust. 3) declare that the HR Policy Circular 15/20 dated.31-07- 2020 which not retrospective is not applicable in so far as the petitioners who were retired from their services from 2007 to November 2013. 4) 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. 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 8 (Performance Related Pay) 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 lA NO: 1 OF 2023 pass 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 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 the above writ petition and pass Counsel for the Petitioner(S): 1.MURALI LINCOLN Counsel for the Respondent(S): 1.M UMA DEVI (CENTRAL GOVT COUNSEL) 2.T V S PRABHAKARA RAO 3.VSUBRAHMANYAM The Court made the following: f HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.23064 of 2023 ORDER: The present writ petition is filed declaring the action of the Respondents (i) in not paying the PRP to the Petitioners during the financial years 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14; (ii) in not paying the employer contribution to RINL pension scheme; (iii) to declare that HR policy circular 15/20 dated 31.07.2020 is not applicable to the Petitioners; (iv) 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 the time- of retirement; (v) to declare that the any Petitioners at Respondents are liable to pay PRP amounts without affecting any of the leave encashment availed by the Petitioners at the time of their retirement as per office order dated 30.12.2013, declare that the payments made towards leave recovery (vi) to encashment to the Petitioners prior to December, 2013 are and within the approved rules; (vii) direct the Respondents proper to release the payment of PRP for the years 2009-10 to 2013-14 the eligibility with interest and costs and (viii) direct the Respondents to pay the employer contribution to RINL Pension as per scheme without reference to HR Policy Circular dated 31.07.2020 as illegal and arbitrary. No. 15/2020 2. 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 iii W.P.No.32634 and requested to pass a similar order in this Writ Petition also of 2016 4. 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 W.P.No.32634 of 2016. There shall be no order as to costs. in 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 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, Government of India, Ministry of Steel, (VSP), 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. //TRUE COPY// To, 1. 2. 3. 4. 5. One CC to Sri. Murali Lincoln, Advocate [OPUC 6. One CC to Ms. M Uma Devi (Central Govt Counsel) [OPUC] 7. One CC to Sri. TVS Prabhakara Rao, Advocate [OPUC] 8. One CC to Sri. V Subrabmanyam, Advocate [OPUC] 9. Two CD Copies Along with the copy of the Order dated 29.12.2022 in W.P.No.32634 of 2016 passed by this Court HIGH COURT DATED:31/07/2025 ORDER WP NO. 23064 OF 2023 H AUG 2025 )S ^}*sCMfrent Sectjopx^'y DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32634 OF 2016 ORDER: The petitioners herein filed I.A.No.l of 2021 seeking amendment of the prayer of the Writ Petition and the said application has been allowed vide order dated 03.01.2022 and the Writ Petition is filed with the following prayer: "To issue an order direction or writ particularly one in the nature of writ of mandamus or appropriate writ pleased to: (i) declare the action of respondents in not paying the employer contribution to RINL contribution) scheme unjust; fii) declare that the HR Policy Circular 15/20 dated 31.07.2020 is not applicable in so far as the petitioners; pension (defined wholly illegal, arbitrary and IS (iii) declare that the Respondents are liable to employer contribution to RINL pay Pension (Defined Contribution) along with interest without affecting adjustment/set off of leave encashment availed by the Petitioners at the time of retirement; any (iv) declare the action of the Respondents in non-payment of PRP to the Petitioners during the financial years 2009- 2 10, 2010-11, 2011-12, 2012-13 and 2013-14 is illegal and arbitrary; and (v) 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; (vi) 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 and (vii) 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; (viii) 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; (ix) pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case." The grievance of the petitioners in the present Writ Petition is that not-extending the benefit of Performance Related 2. Pay (PRP) for the period from 2009-10 to 2013-14, which the same has been extended to all the employees except to petitioners’ superannuation prior to December, 2013, and also to direct not to recover the leave encashment availed by the petitioners at the time of their retirement during April, 2007 to November, 2013, and it is also the contention of the petitioners that the retired employees requested for release of PRP benefits and the respondent-Company , vide letter No.VSP/RTl/3810 dated 06.06.2016, stated that PRP amount will be paid only to the Board level executives and below Board level executives including non-unionized supervisors for the financial years 2010-11 to 2012-13 in November, 2014 and with regard to the retired employees, it was stated that PRP amounts for the years 2010-11 to 2013-14 will be paid eligible/separated employees after adjustment of leave encashment amount paid earlier in excess of 300 days. The further grievance of the petitioners is that about 248 retired employees were not paid the PRP on account of recovery of the leave salary in excess of 300 days, in terms of the observation of the Comptoller and Auditor General, Ministry of Steel who has directed the respondent-RINL to recover the excess of HPL from April, 2007 to December, 2013. The amount (encashment of leave) was recovered from the benefits of PRP and other benefits, therefore, the present Writ Petition is filed. to all the 4 3. It is the contention of the writ petitioners that as per the Rules and Regulations of the RINL, the Board Level and Below Board Level Executives, including Non-unionized Supervisors are eligible to avail 30 days Earned Leave (EL), 20 days Half Pay (HPL) per year during their Leave The employees can avail the said leaves in their respective years itself or can accumulate the said leaves as per the rules. The employees, who have not availed service. EL and HPL in a particular year, can accumulate ELs upto 300 days and HPL upto 480 days during their service. The employees are entitled to encash upto 30 days of ELs every year on completion of two years of initial service subject to their availability, employees are also entitled to un-availed leaves at the time of their superannuation and the said amounts which are being paid to the The employees at the time of their retirement. 4. It is asserted in the writ affidavit that the encashment of leave approved by the Board of Directors in the year 1982 and the same was incorporated in the Personnel Manual of the respondent-company, vide Chapter-39. Vide PP circular No.4/06 dated 08.05.2006, communicated the revised ceiling on the 5 accumulation of EL, earlier ceilin of 240 days was enhanced to 300 days. 5. It is the contention of the petitioners that the office order dated 30.12.2013, restricting the leave encashment to 300 days (both EL and HPL taken together) and the office memorandum dated 31.07.2020 to set off such dues from the employer’s contribution and the employees contribution including interest accrued thereon, if any, it will be adjusted before transferring the fund to RINL ESBF Trust or the prospective in nature and the same cannot be given effect retrospectively, petitioners are entitled to PRP and the office memoranda have into force after retirement from the service and the said memo cannot be applied to the petitioners. It is the further contention of the petitioners that not paying the employer contribution towards RINL Employees Pension Scheme is wholly illegal, arbitrary and unjust and the HR Policy Circular No. 15/20 (Circular letter No.HR/RR/8(ll)cdek/199) dated 31.07.2020 is not applicable in the petitioners are concerned and to direct the respondents to pay the employer contribution towards RINL Employees Pension (Defined Contribution) Scheme and therefore It is axiomatic that the come so far as 6 prayed to set aside the circular memo and to direct the respondents to release the PRP to the petitioners. 6. The petitioners relied on the judgment of the Hon Tile Apex Court in the case of State of Punjab and others v. Raifq Masih (White Washer) etcd, wherein the Hon Tie Apex Court laid guidelines for recovery of the amount which was paid to the employees and the said guidelines are extracted hereunder: "(i) Recovery from belonging to Class-Ill and Class-IV service (or Group 'C and Group 'D' service), (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of some recovery. (iii) Recovery from employees payment has been made for a period in excess of five years, before the order of recovery is issued, (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of higher post, and has been paid accordingly. when the excess a even (2015) 4 see 334 7 though he should have rightfully been required to work against an inferior post, (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." 7. The respondents have issued the following orders; Human Resources Department Policies and Rules, circular No.15/20, HR/RR/8{1 l)cdek/199 dated 31.07.2020, amended existing policy of pension, which is extracted below; vide Clause Existing Amended No. 12(1) A member / beneficiary, who does not clear the dues of the company on separation, will be eligible for Pension Corpus only after clearing dues from the Company. Member/beneficiary will be eligible for Pension Corpus only after clearing his dues to the Company. However, any amount due to RINL, the Company reserves the right to set off such dues from the employer’s contribution including interest accrued thereon, if any. This will be adjusted before transferring the fund to RINL ESBF Trust. 8 As per the above office memorandum, the member/beneficiary will be eligible for pension corpus only after clearing dues from the company. And the respondents and also issued an office order dated 30.12.2013, restricting both ELs and HPL together to 300 days in the following manner: "Pending final decision on the issue. Leave Encashment at the time of retirement will be restricted to 300 days (both EL and HPL taken together) as per DPE Letter No.2{14)/2012 DPE(WC), dtd. 17^ July, 2012. 2. No commutation of Half Pay Leave would be permissibleto make up the shortfallto Earned Leave. 3. The above shall come into force with effect from December, 2013. 4. This issue with the approval of the Competent Authority." 8. An office memorandum order No.PL/RR/2(l)/2322 dated 30.12.2013 was issued notifying that the leave encashment at the time of retirement would be restricted to 300 days (both EL and HPL taken together) (WC) dated 17.07.2012. as per the DPE letter No.2(14)/2012DPE 9 9. As per the DPE letter, Half Pay Leave would be permissible to make up the shortfall in Earned Leave and the same will be effective from December, 2013. The respondents, vide letter No.VSP/RTI/3810 dated 06.06.2016, stated that PRP amount paid to the Board Level Executives and below Board Level Executives including unionized supervisors for the financial years 2010-11 to 2012-13 in November, 2014 and with regard to the retired employees, it was stated that PRP amounts for the years 2010-11 to 2013-14 will be paid to all the eligible/separated employees after adjustment of leave encashment amount paid earlier in excess of 300 days and it was intimated that 248 retired employees were not paid PRP on account of recovery of the leave salary excess of 300 days. The said contention was taken by the respondents in terms of the observations of the Comptroller and Auditor General, Ministry of Steel, who has directed the respondent-RlNL to recover the excess of HPL from April, 2007 to December, 2013. The said action is impugned in the present Writ Petition. 10. non- 10 11. The respondents filed their counter affidavit and contend that they have withheld the amounts of the PRP on the directives of Department of Public Enterprises in accordance with law the observations and directives of the Comptroller and Auditor General and also admitted that the petitioners are entitled for PRP and it is only a dispute with regard to the excessive encashment of half pay leave, which was directed to be recovered from whatever amounts due from the retired employees and accordingly, when the amounts under PRP were found to be due, the same were adjusted towards the excess payment, which is legal and cannot be questioned by the petitioners. Hence, prayed to dismiss the Writ Petition. And in the counter, none of the contentions raised by the writ petitioners were denied by the respondents either specifically or evasively. 12. The issues before this Court are: (1) Whether the respondents can withhold and adjust the money due to the petitioners by setting of dues from employees’ contribution after superannuation in view of the directives in the DPE Letter No.2(14)/2012, DPE (WC) dated 17.07.2012, as the petitioners were retired from service from the year 2007 to 2013, i.e., prior to the said memo? (2) Whether the respondents cam restrict leave encashment to 300 days (both EL and HPL taken together) as per DPE Letter 2(14)/2012 dated 17.07.2012? and (3) As the Circular No.15/20 dated 31.07.2020 and the office order dated 30.12.2020 were issued subsequent to the retirement of the petitioners herein? 13. As per the judgment of the Hon’ble Apex Court in the case of Sri Sankari Prasad Singh Deo v. Union of India and State of Bihar and another^, as including rules, regulations, notifications and Government Orders and, as such, when a Government Order is passed by a relevant Department of the Government, it must be construed as nothing but a delegated legislative act that had been done by executive effect. 14. The HonlDle Supreme Court in number of judgments, observed that though it was open to a sovereign Legislature to enact laws which have retrospective operation. The Court further observed, next, that where any rule or regulation is made by any rule-making authority to whom such powers have been delegated by the Legislature, it may or may not be possible for that authority rules so as to give retrospective operation, and the ^AIR 1951 SC 458 12 question will depend on the language employed in the statutory provision, which may, in express terms or by necessary implication, empower the authority concerned to make a rule or regulation with retrospective effect. 15. Having stated the position thus with reference to (i) retrospective legislation enacted by the Legislature and (ii) retrospective rule-making by subordinate rule-making authorities, the Supreme Court proceeded to examine what the position would be in regard to executive acts, which the Legislature authorised the executive to perform. The Court observed that in such cases it would be more necessary to consider the scope of the power which the Legislature conferred on the executive with a view to find out whether it could be exercised by the executive retrospectively. There-are no words in the office memorandum to indicate that it could give effect with retrospective effect. The respondents cannot apply office memorandum dated 31.07.2020 retrospectively and to recover dues after retirement of the employee long back and restricting the leave, i.e., EL, HPL, limiting to 300 days after retirement of the petitioners. 16. 13 17. As per the judgment of the Hon hie Apex Court in Rujfiq Masih’s case (1 supra) no recovery shall be made from the employees belonging to Class-Ill and Class-IV services. In view of the same, this Writ Petition is allowed, directing the respondents herein to pay Performance Related Pay (PRP) to the petitioners without recovering the amount from encashment of Earned Leave basing upon the office orders indicated above. The respondents are hereby directed to pay all the dues, which the petitioners entitled to, within a period of three (3) months from the date of receipt of a copy of this order, failing which the petitioners are are entitled to interest @ 18% per annum. 18. Accordingly, this Writ Petition is allowed. There shall be no order as to costs of the Writ Petition. As a sequel, interlocutory applications pending, if any, in this Writ Petition shall stand closed. JUSTICE TARLADA RAJASEKHAR RAO Date; 29.12.2022 TJN