RUNUMI BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel for the appellant as well as Mr. S.N. Sarma, learned senior counsel representing respondent Oil India Limited.

(2.) The appellant before us is a widow claiming family pension. Her husband was employed as a Driver in the then Burmah Oil Company (Pipeline) Ltd. at Calcutta (now Kolkata), being so appointed on 25.11.1959. On 10.08.1964 he was transferred to the Pump Station No. 5 at Narengi, Guwahati. The Pipeline Division of the erstwhile Burmah Oil Company was vested with Oil India Ltd. By virtue of the Burmah Oil Company [Acquisition of Shares of Oil India Limited and of the Undertakings in India of Assam Oil Company Limited and the Burmah Oil Company (India) Trading Limited] Act, 1981 ( in short ' Act of 1981), the Union of India acquired the shares of Oil India held by the Burmah Oil Company. The shares, accordingly, stood transferred to and vested in the Central Government on and from 14.10.81. In terms of Section 11(2) of the Act of 1981, the whole-time officers or other employees of the Oil India Limited ( in short 'Company') became an officer or other employee of the Central Government or the concerned Government Company on the same terms and conditions and with the same rights to pension, gratuity and other matters as were admissible to him immediately before 14.10.1981, unless or until his employment with the Company is duly terminated or until his remuneration and conditions of service are duly altered by the Company.

(3.) The appellant's husband was working in the Pipeline Division of the Company and was part and parcel of the transition process occurring through the Act of 1981. He had retired from service on 31.12.1988 on attaining the age of superannuation and, thereafter, suffered demise on 17.04.2002. Consequent thereto, she had represented before the General Manager (OSD), Oil India Ltd. on 10.02.2003 for issuance of a Nominee Certificate as she had not received any pensionary benefits on account of the demise of her husband and as the same was insisted upon by the Insurance Company. Thereafter, petitioner received a sum of Rs.86,322/-, being the amount payable as the Return on Capital (Death Claim) amount vide Cheque No. 476221 dated 16.03.2007. Years later, the appellant by letter dated 10.02.2013 represented before the Commissioner, Regional Provident Fund, Bhangagarh, Guwahati, requesting grant of family pension. As no response was forthcoming, the related writ petition i.e. WP(C) 2813/2013 was instituted. The Oil India Ltd. was arrayed as party respondent no. 5.