H.S. Rekhi vs O.N.G.C.
2001 Latest Caselaw 1513 Del

JUDGMENT

Mukundakam Sharma, J.

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 in service, a scheme called Self Contributory Post Retirement & Death in Service was circulated under circular dt. 29.4.90. A copy of the same is placed on record. When the aforesaid scheme was circulated in 1990, objections were raised as against the aforesaid scheme by a section of the officers and various measures were suggested for improving the scheme. After receipt of the aforesaid suggestion a detailed exercise was carried out and the scheme was thereafter finalised an 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. 3.4.91 as is required under the provisos 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 as might be prescribed, or where no 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. 18.9.91 subject to certain conditions. A copy of the said letter dt. 18.9.91 is also placed on record. It would be disclosed form the said letter that the two conditions imposed by the Central Government were as follows:-

i. The scheme may be given effect from 1.4.1990 subject to the condition that all employees who retired between 1.4.1990 to 1.4.1991 would be excluded from the scheme.

ii. Only service rendered in ONGC would be taken into account for determining the eligibility for pension and no service rendered in either Govt. or another Public Sector Undertaking before absorption in ONGC would count as qualifying service.

3. In view of he aforesaid approval, with the aforesaid conditions, the approved scheme was circulated under Circular dated 2.1.1992 making it clear there in 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 respondents No. 1 requested the Central Government to drop the condition of excluding the employees who had retied between 1.4.1990 to 1.4.1991. The said request was sent by respondent No. 1 to the Central Government under letter dt. 19.10.92. 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 was 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.

4. Counsel appearing for the petitioner during the course of has arguments submitted hate there is no intelligible criteria in excluding the employees who retired during the period 1.4.1990 to 1.4.1991 from the ambit of the aforesaid circular and to deprive them for the benefit of the scheme, which has resulted in ex facie discrimination and, therefore, the scheme is violative of the provisions of Articles 14 & 16 of the Constitution of India. It was also submitted by him that the respondent No. 1 subsequently issued circular dated 24.3.1992 making the provisions of the said scheme applicable to the cases of members who retired voluntarily,, compulsorily, prematurely on medical grounds, compulsorily as a measure of punishment and death/permanent disablement and therefore, relying on the same it was submitted that since in respect of the aforesaid person also the scheme was made applicable there is no reasonable ground for excluding the petitioner, who retired in between the period from 1.4.90 to 1.4.91, as a measure of superannuation under the rules, from the purview of the said scheme.

5. Counsel appearing for the respondents, however, submitted that since the aforesaid scheme approved by the Central Government excluded the case of the petitioner he cannot avail of and claim the said benefit and although the petitioner had exercised his option yet his option became ineffective as he was ineligible for getting membership of the said scheme as per circular dated 2.1.1992.

6. In the light of the aforesaid submissions of the counsel appearing for the parties I have perused the records of the case. My attention was also drawn to a decision of the Supreme Court in O.N.G.C. v. G.S. CHUGANI AND ORS. in Civil Appeal No. 3635 of 1998 disposed of on 31.7.98. A careful perusal of the said decision rendered by the Supreme Court makes it crystal clear that the issues raised by the petitioner in this writ petition are covered by the aforesaid decision of the Supreme Court. In the said decision, the same scheme, which is assailed now was also the subject matter of the case before the Supreme Court. In the said decision, the Supreme Court held that the benefits of the employees can only be governed by the final scheme as approved by the Central Government. It was also held in the said decision that in the letter of approval dt. 18.9.91 the Ministry of Petroleum and Natural Gas has directed that the scheme as finally approved should be made effective from 1.4.90 subject to the condition that all employees, who retired between 1.4.1990 and 1.4.1991 would be excluded from the scheme and, therefore, only a person who retired from service thereafter would get the befit of the scheme. The ratio of the aforesaid decision is applicable in full force to the facts and circumstances of the present case. When the scheme has envisaged that benefit of the same would not be available to the persons retired in between 1.4.1990 to 1.4.1991 and the said scheme was approved by the Central Government with the aforesaid condition in accordance with the provisions of the O.N.G.C. Act, an employee retired between the aforesaid period stands excluded from the said scheme.

7. So far the contention of the counsel appearing for the petitioner in respect to notification dt. 24.3.1992 is concerned, the same was brought into the records by filing an additional affidavit. As because the Board of Trustees of the O.N.G. C. had decided that certain class of persons, who retired voluntarily, compulsorily, prematurely on medical grounds or as a measure of punishment and death/permanent disablement, would get the benefit of the said scheme would not in any manner entitle the petitioner to get the said benefits provided under the said scheme. The scheme is approved by the Central Government and the same is binding so long it is not declared invalid by a competent court of law. The validity of the present scheme was upheld by the Supreme Court in the decision of O.N.G.C. Ltd. v. G.S. Chugani (supra) and it was made clear in the said decision that the same would not be applicable to the persons retired within the aforesaid period of 1.4.1990 to 1.4.1991. It is also the settled law that even if one wrong is committed by the respondents, the same cannot not be allowed to be perpetuated in another case. In that view of the matter, In find no merit in this petition and the petition stands dismissed.