Sarat Chandra Buragohain vs Oil And Natural Gas Corporation ...
2022 Latest Caselaw 727 Gua

                                                                      Page No.# 1/3

GAHC010033282022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/1417/2022

            SARAT CHANDRA BURAGOHAIN
            S/O LATE TANKESWAR BURAGOHAIN, R/O VILL-SENCHOWA, P.O.-
            BHATIAPAR, P.S.-SIVASAGAR, DIST-SIVASAGAR, ASSAM, PIN-785664



            VERSUS

            OIL AND NATURAL GAS CORPORATION LTD AND 2 ORS
            REPRESENTED BY THE REGIONAL DIRECTOR, ERBG, NAZIRA, DIST-
            SIVASAGAR, PIN-785685, ASSAM

            2:THE DIRECTOR
             HUMAN RESOURCES
             O.N.G.C. (L)
            TEL BHAWAN
             GREEN HILLS BUILDING
             DEHRADUN
             UTTARAKHAND
             PIN-248001

            3:IN-CHARGE (S.E.E.)
             O.N.G.C. (L)
             SEPARATED EMPLOYEE CELL
             GROUND FLOOR
             GREEN HILLS BUILDING
             DEHRADUN
             UTTARAKHAND
             PIN-24800

Advocate for the Petitioner   : MR P BHARDWAJ

Advocate for the Respondent :
                                                                    Page No.# 2/3




                               BEFORE
             HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                  ORDER

02.03.2022

1. Heard Mr. P. Bhardwaj, learned counsel for the petitioner, who submits that the petitioner has prayed for release of certain additional retirement benefits such as Children Education Allowance, Leave Encashment, Home Town Allowance, LFA Allowance, Conveyance Allowance, House Rent, variable Dearness Allowance, Uniform, Quarterly Incentive Bonus, Yearly Bonus etc. Vide representations dated 15.11.2021 and 05.01.2022. However, the same has not been considered by the respondent authorities.

2. The petitioner's case is that he was appointed as an Assistant Grade Officer in ONGC Limited on 28.02.1973. The petitioner was dismissed from service on 19.05.1999, as the petitioner was convicted in a criminal proceeding on corruption charges. The petitioner served his sentence in prison and the petitioner thereafter claimed payment of his CPF amount for his period of service from 28.02.1983 to 19.05.1999. On 21.09.2010, the petitioner was paid the CPF amount.

3. The petitioner challenged his dismissal from service vide WP(C) 1965/2007. The same was dismissed vide order dated 05.09.2014.

4. Subsequent to the above facts, the petitioner filed WP(C) No.1595/2020 before this Court praying for payment of Gratuity. He submits that the said matter is still pending before this Court.

5. Issue Notice returnable in 4 (four) weeks.

Page No.# 3/3

Petitioner to take steps for service of notice upon the respondents by registered post within 3 (three) days.

6. One of the questions to be decided would be as to whether the allowances mentioned in the representation dated 15.11.2021 and 05.01.2022 can be said to be retirement benefits. Further the petitioner having made a claim by way of this writ petition after 22 years from his date of dismissal, the same appears to be hit by laches and delay. Further, whether recovery of arrears and allowances, if any, at this stage would also have to be considered in terms of the Division Bench judgment of this Court passed in Harendra Chandra Nath vs. State of Tripura reported in 2013 (2) GLT 1094.

List the matter after 4 (four) weeks along with WP(C) 1595/2020.

JUDGE

Comparing Assistant