The petitioner is a former employee of the Fertilisers and Chemicals Travancore Limited. He retired from service on 15.03.2004. While the petitioner was in service, the scales of pay of executives and workers of the Fertilisers and Chemicals Travancore Limited (FACT for short) were revised with effect from 01.01.1997. On account of financial constraints, the pay revision was implemented only with effect from 01.07.2001. It was stipulated that arrears pursuant to revision of pay/wages and dearness allowance for the period from 01.01.1997 to 30.06.2001 and perks and allowances with effect from 20.10.2000 will be reviewed and decided upon by the department when FACT starts earning continuous profit for at least for three years. It is not in dispute that pursuant to the said revision, the petitioner was paid revised salary and allowances for the period from 01.07.2001 till 15.03.2004, the date on which he voluntarily retired from service. His terminal benefits were also fixed and disbursed in terms of the revised pay and allowances. 2. Long after their retirement, some of the employees of FACT who are similarly placed as the petitioner, moved this Court seeking payment of arrears of salary and allowances for the period from 01.01.1997 to 30.06.2001 as also terminal benefits at revised rates. The writ petitions were dismissed as regards payment of salary and allowances. The learned Single Judge however directed that terminal benefits be disbursed.
W.A. No. 642 of 2003 and connected cases filed by the former employees and the special leave petitions therefrom filed before the Apex Court were dismissed. Still later, another set of former employees moved this Court by filing W.P.(C) No. 24063 of 2004 and connected cases. The said writ petitions were dismissed by judgment delivered on 21.11.2005. They thereupon, filed W.A. No.460 of 2006 and connected cases. The said writ appeals were disposed of by a Division Bench of this Court by judgment delivered on 11.06.2009 with the observation that as and when arrears consequent on the pay revision are released to the serving officers, it shall be released to the appellants and other similarly placed retired employees who retired from service during the period from 01.01.1997 to 30.06.2001. Still later, the petitioner and others moved this Court by filing W.P.(C) No. 13752 of 2011 (the petitioner was the 64th petitioner therein). The said writ petition was heard and disposed of along with five other cases with a direction to FACT to consider the claim of the petitioners in accordance with the judgment in W.A. No. 460 of 2006 and connected cases and a further direction to issue a communication to the petitioners within one month from the date of receipt of the judgment. Nearly one year thereafter, the petitioner sent Ext.P3 letter dated 26.07.2013 to the Chairman and Managing Director of FACT wherein he requested the Chairman and Managing Director to inform him of the amount which he will be entitled to receive towards arrears of salary for the period from 01.01.1997 to 30.06.2001. Ext.P4 letter dated 30.09.2013 was thereupon sent in reply, informing the petitioner that FACT does not have the details readily at present and it can be furnished if and when the payment of arrears becomes due, after fulfilling the required conditions. Hence this writ petition seeking a writ in the nature of mandamus commanding the respondent to provide the quantum of deferred arrears of pay as sought in Ext.P3.
3. The main contention raised in the writ petition is that notwithstanding the fact that the petitioner is not now pressing for payment of arrears of pay for the period from 01.01.1997 to 30.06.2001, he has right to know the amount which he would be entitled to receive in the event of the company earning a profit for three years consecutively. Referring to clause 4(xiv) of Ext.P1, it is contended that the prohibition is only against actual payment of arrears and the said stipulation does not stand in the way of the details regarding the quantum being furnished to the employees concerned.
4. A statement dated 10.06.2014 has been filed on behalf of the respondents wherein the stand taken is that in view of the earlier judgments of this Court, the petitioner is not entitled to any relief. Referring to clause 4(xiv) of Ext.P1, it is contended that the liability and payment of arrears relating to revision of basic pay/wages and DA w.e.f. 01.01.1997 to 30.06.2001 and those relating to perks and allowances w.e.f. 20th October, 2000 for both executives and workers will be reviewed and decided upon by the Department when FACT starts earning continuous profit at least for three years. The respondent has no case that it is not in a position to compute the benefits the petitioner would be entitled to, in the event of the company earning a profit consecutively for three years and being in a position to pay arrears for the period from 01.01.1997 to 30.06.2001.
5. I heard Sri. S. Mohanakuraran Nair, learned counsel appearing for the petitioner and Sri. M. Gopikrishnan Nambiar, learned standing counsel appearing for FACT. I have also gone through the pleadings and materials on record. It is evident from the reliefs prayed for in the writ petition that the petitioner does not seek payment of arrears. His only request is that he may be informed of the arrears of pay which he would be entitled to receive for the period from 01.01.1997 to 30.06.2001 in the event of the company earning a profit consecutively for three years. Apart from stating that the respondent does not have the details readily at present, no reason has been given either in Ext.P4 letter or in the statement dated 10.06.2014 as to why the details sought by the petitioner cannot be furnished. Ext.P4 letter is dated 30.09.2013. Eight months have passed thereafter. In the interregnum, the respondent could have quantified the amount the petitioner would be entitled to receive towards arrears of salary for the period from 01.01.1997 to 30.06.2001 in the event of the company earning a profit consecutively for three years. The mere fact that the company has not earned a profit so far does not, in my opinion, lead to a situation where the respondent company cannot tell the petitioner that it will not disclose to him the arrears of salary which he would be entitled to receive in the event of that contingency happening. As a public authority, the respondent will necessarily have to furnish the information to another citizen seeking information in that regard under the Right to Information Act, 2005. I am, therefore, of the considered opinion that the petitioner is entitled to have the request in Ext.P3 letter granted.
I accordingly dispose of the the writ petition with a direction to the respondent to inform the petitioner in writing within one month from the date on which the petitioner produces a copy of this judgment before the respondent, the amount which he would be entitled to receive by way of arrears of salary and allowances for the period from 01.01.1997 to 30.06.2001 in the event of the company earning a profit consecutively for three years.
sd/- P. N. RAVINDRAN, JUDGE.
rv