High Court · 2025

Counsel for the Review Petitioners: SRI AVINASH DESAI' Sr' COUNSEL' REP' FOR SRI M.PRANAV CounselfortheRespondent:SRINARENDRAAGRAWALIPARTY-IN^-PERSONI (NOT PRESENT) The Court made the following: ORDER 7 0 THE HONOURABLE SRI JUSTICE LAXMI NARAYANA T.LISHETTY Rev.I.A.No. 1 of 2o25 in W.P.No.4OO11 of 2Ol7 ORDER: 'l'his r':vict, application is filed to review thc ( )r ler dated 31.01.2025 in W.P.No.4OO1t of 2017. This Courr u;de Order dated 31.O 1 2O2 5, disposed of the writ petition ancl s u rmarized the e r-rLitlcm,:r-rt / dise ntitlemenl of the writ petitioner zrs under:- c) b) a) Thtt petitioner is entitled to compensate reuis ictn of 2014 in cLccctrdance uith CirotLar dated O4.01t..;0i 4 and Conigendurn dated 0 8. O 9. 2 0 1 4 ; 1'he petitioner is entitled to annual incren eri for the tletrrs 2 0 1 4 artd 2O I 7, as admitted by resltc ndents a nd. is t'rttitled for the difference amount of Rs.6.26,626/ -. The petitrorter is not entitled to ang retentic n botlus os pet the circulars of the respondent companu; ThL: petitioner is not entitled to pag reuisiort ;irtce it t:.ras rettsed u.,iLh his prornotion itself; 1-llP petitrcner is not entitLed to performance pc..y; 7'he petitiorLer is not entitled to excess rent I,tt.ri._l as it can be coueretl uttder House Rent Allotuance; The petitiotler is not entitled to grad.e prontction as il is rnerit based and not time bound, as per the i,e,rfonnance Manaq<:ment Policg of the respondent compe,t t. d) s) e) f)

2. Hcard Sri Avinash Dcsai, learned Senir r Counsel representing Sri M.Pranav, learned Counsel on recor:l for review petitioners ancl there is no representation on bel-r:rlf of the respondent. Thcrcfor-c, reviell, is disposed of ba.sirrg on thc material placed on record. {}_ 2

3. Learned Senior Counsel for review petitioners would submit that there is an overlap of reliefs granted to the writ petitioner at paragraph Nos. 26(a) and 26(b) of thc impugned Order by which same relief was granted twice to the writ petitioner rvhich is causing prejudice to review petitioncrs- Company since the entitlement in para 26(a) is same as that of para 26(b) and there is no separate annual increment. He further submitted that the 'Compensation revision' of 2Ol4 in accordance with Circular d.aLed, 04.O9.2O 14 ancl Corrigendum dated 08.09.2O 14 at paragraph 26(al of the Impugncd Order and 'Pay revision' for the years 2014, 2O77 and 2023 are one and the same and cumulatively the writ petitioner is entitled to Rs.6,26,6251- only, and the said amount has becn paid hy review petitioners on 05.05.2025, by way ol Cheque bearing No.737352. He also submitted that amounts paid to the n rit petitioner by review petitioners' Company in 2Ol4 and 2Ol7 are towards Pay Revision and not towards annual increment or annuai payment.

4. Learned Counsel for the review petitioners mainly submitted that respondent/writ petitioner has been paid pay revision for the period 2014, 2Ol7 and 2023, though the writ petitioner has not met the performance requirements as per the ---i.7 f' 3 policy of the revieu, petitioners' Company to eligi b1,: for pay .euision. Hr: further submitted that in so far as tlie annual increment is concerned there is no automati(:7 n.echanica.l annual incr:ment as the same is subject to perforrri: nce of its employees i.-rcluding the u,rit petitioner. He also strt,n'Litted that writ petitiorrcr rlid not render any service during suspension period and as such, the respondent is not entitled t:r annual increment.

5. Perusal rlf lhe record would disclose t rirt review petitioners/ respor-rdents filed a memo of calcu l:rtton dated

26.12.2024. as per which the review petitioner C(,n-rpany has provided 5ozr pav rcvision in thc year 2Ol5,2Ol7 and 9yo in the year 2023 on the basic sa1ary and the same was shcu n in detail in a tabular form and as per which the re s1to. rden t/ writ petitioner \r,as e ntitled to a sum of Rs.6,25,6251 - t nJ the said ambur-rt was also paid. It appears that pay revisi<tl amount of Rs.6,26,62i'l- rvas paid to the respondent/writ pe.i.ioner uide Cheque bearing No.737352 on O5.05.2025. It is a :;precific case of the review petitioners that compensation revision ,tf 20 14 in accordancc with Circular datecl 04.09.2014 and (tc rrigendum dated O8.0().2O14 and pay revision is one and th:: same and respondent/writ petitioner is not entitled to annuztl increment 4 additionally as he did not render service and annual increment is evaluated only on the basis of performance of the writ petitioner during employment period in the review petitioners, Company.

6. In the light of the above, the entitlements of. the writ pelitioner summarized at paragraph No.26(a) and 26(b) requires to be reviewed as there is overlap of pay r.evision and arnnul increment. Accordingly, review petitioner is allowed and paragraph No.26 of the Order dated 31.01.2025, wherein entitlements of the rvrit pe titioner was summarized is modified as under: "a) The petitioner is entitled. to ,pag reuision, for the year 20 14, 201 7 and 2O23 as odmitted. bg the respcttclents and i.s entitled for the difference amount of Rs.6,26,625/ _; b) The petitioner is not entitled to any retention bonub as per the cirr:LLlars of the respond_ent companA; c) The petitioner is not entitled. to pog reuision since it uas reuised uith his promotion itself; d) The petitioner is not entitled. to performance paA; e) The petitiorter is not entitled. to excess rent paid os it can be couered under House Rent Allou_tance; fl The petitioner is not entitled to grad_e promotion os it is merit based and not time bound, as per the perfotmance Management Policg of th,e respondent compang.,, a, 5 7 . Miscellaneous petitions pending, if any, s rall stand closed. //TRUE COPY/' SPA A$ JAWAHAR REDDY sr ANT REGISTRAR .becrtoru oFFrcER , \ lhe Managrng Drrector, lndian Immunoloqicals Lim\€c owned subsidiary of the National Dairy Developmen Jubilee Hills, Hyderaad-33. , Hyderabad, (A wholly t Board), Road No.44, To, I

2. The Chairman, lndian lmmunologicals Limited, Hyder,rbad, (A wholly owned subsidiary of the National Dairy Development Board , Road No.44, Jubilee Hills, Hyderaad-33.

3. The..General , lVlanager-HR,_ lndian lmmunologicats Linrited, Hyderabad, (A wholly orlned subsidiary of the National Dairy Develocment 6oard), Fioid No.44, Jubilee Hills, Hyderaad-33.

4. One CC to SRI NARENDRA AGRAWAL IPARTY-IN-PI:.FI.SON] 5. One CC to SRI IM.PRANAV, Advocate [OPUC] 6 BSR PVL Two CD Copies {+ HIGH COURT DATED:01 10912025 ORDER REV. l.A.No.1 of 2025 IN WP.No.40011 ot 2017 ,.1 -, .,. , .,:( . 2 E :+P ?0n \j -, -/ ,/ - ;.2' ' :,_2- ALLOWING THE REV. I.A. (r-- q )-\ n