H S REKHI Vs. O N G C

JUDGEMENT

(1.) . This writ petition is Filed by the petitioner seeking for a direction to the respondents to implement the provisions of Self Contributory Post Retirement & Death in Service Benefit Scheme, 1990 (hereinafter referred to as Scheme) circulated on 29/4/1990 even; to the employees who had retired from' service between 1/4/1990 to 1/4/1991.

(2.) . The petitioner joined the employment, of respondent. No.1 in the month of July, 1995 and he retired on 31/8/1990 on attaining the age of superannuation. While the petitioner was An service, a scheme, called Self Contributory Post. Retirement & Death in Service was circulated under circular dt.29/4/1990. A copy of the came is placed on record. When t.he aforesaid scheme was circulated in 1990, objections were raised as against, the aforesaid scheme by a section of the improving the scheme. After receipt, of the carried out and the scheme was thereafter finalised and a memorandum of understanding was arrived at. Pursuant to the same, an amended scheme was prepared and thereafter the same was sent. for approval of the Central Government. under letter of the respondent No.1 dt.,3/4/1991 as is retired under the provisions of Sections 14, 15 & 32 of the O.N.G.C.Act.. In section 15 of the said Act., amongst, others, it, is provided that the implementation of any scheme or proposal which would involve a capital expenditure exceeding such amount has been prescribed, exceeding fifty lakhs of rupees, shall be done by the Commission after obtaining previous approval of the Central Government,. The aforesaid scheme, which was sent to the Central Government for obtaining its approval was approved by the Central Government under its letter dt.18/9/1991 subject to certain conditions. A copy of the said letter dt.18/9/1991 is also placed on record. It would be disclosed from the said letter that the two conditions imposed by the Central Government were as follows: -

(3.) . In view of the aforesaid approval, with the aforesaid conditions, the approved scheme was circulated under Circular dated 2/1/1992 making it clear" therein that the employees who retired between 1/4/1990 to 1/4/1991 stand excluded from the benefits of the said scheme and that they would not be able to become member of the said scheme. The said scheme with the aforesaid conditions imposed by the Central Government was implemented. After implementation of the said scheme certain grievances were raised by some of the employees and accordingly the respondent No. 1 requested the Central Government to drop the condition of excluding the employees who had retired between 1/4/1990 to 1/4/1991. The said request, was sent by respondent No. 1 to the Central Government under letter dt.19/10/1992. The Central Government, however, did not agree to change the aforesaid condition. Therefore, although the petitioner exercised his option to come within the ambit of the aforesaid scheme yet in view of the aforesaid condition in the scheme, he way ineligible for getting membership of the said scheme as per the approved scheme circulated under letter dt.2/1/1992 and, therefore the present petition is filed seeking for the aforesaid relief.