Neyveli Lignite Corporation has been asked by the Madras High Court “not to penalise” employees who had been granted two advance increments following their acquiring B.E. qualification by withdrawing the incentive.

Disposing of a batch of writ petitions by employees with qualification of Diploma in Engineering challenging the order dated October 21,2009 by the Deputy Chief Manager (Personnel), Neyveli Thermal Power Station II, recovering additional increments sanctioned on their acquiring B.E. degree, Mr Justice K. Chandru directed NLC not to recover the excess amounts already paid. Management should ensure that petitioners were not “penalised” by recovering the amounts already paid to them.

Petitioners, numbering eight employees, contended that the policy of granting two additional increments was only for those who acquired higher qualification. It was never stipulated that increments would be given only if they passed two examinations. Even for undergoing the course, they had spent considerable amount, and if recovery was made at this stage, it would cause great hardship.

NLC submitted that it was a case where payments were made without petitioners being eligible for the said amounts. No one could claim advance increment as a matter of right. The very idea of rewarding a person on his getting qualified with higher degree would be lost if they were allowed to cross only half way through the course and not getting any degree/diploma.

The judge said that the contention of petitioners that they had not made any misrepresentation, and if the amounts were recovered, they would be put to grave hardship was well founded.

The respondent NLC was directed not to recover excess amounts already paid. The writ petitions were disposed of accordingly.

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