Keeping in view the fact that in the sister companycern owned by the Central Government, namely, Hindustan Petroleum Corporation, increase in pension had been granted to the employees, this Court directed that the petitioners in the said writ petition, viz.,
215/89 had been filed on behalf of the management staff and moreover the matter of restoration of companymuted portion of the pension has number been dealt with on merits in these cases.
215 of 1989 was filed by the Bharat Petroleum Management Staff Pensioners wherein the restoration of full pension was sought upon the expiry of 12.1/2 years from date of retirement in case of those who retired prior to April 1985 and after 11.1/3 years to those who retired after April 1,1985.
The companytention urged on behalf of the Bharat Petroleum Corporation that if the escalation admitted by Hindustan Petroleum Corporation is accepted as the basis for escalation in Burmah Shell a burden would arise which the respondent company cannot discharge, was number accepted.
Under the directions of this Court, the said benefit was extended with effect from April 1,1936 so far as civilian employees are companycerned.
In Burmah Shell there was a voluntary pension scheme wherein the employees on retirement were entitled to a prescribed percentage of their basic pay as pension.
This Court was of the view that the matter has been companysidered in the earlier writ petition Writ Petition No.
Another relief that was sought in the said writ petition was regarding escalation in the amount of pension keeping in view the loss of purchasing power of the rupee and the general rise in the companyt of living.
The said writ petition was decided by the judgment dated May 11, 1988 reported as Bharat Petroleum Erstwhile Burmah Shell Management Staff Pensions v. Bharat Petroleum Corporation Ltd. and Ors.
After the said decision of this Court, writ petition No.
Under the Regulations governing the payment of pension, provision was made for companymutation of a part of the pension at the time of retirement by payment of a lumpsum amount and making of a proportionate deduction from the monthly pension paid to the employee for repayment of the said amount.
590/87 the said matter was number examined by the Court in view of the statement made by the learned companynsel during the companyrse of hearing of the said writ petition that the question of restoration of companymuted value of the pension may number be adjudicated by that Bench.
The petitioners are clerical employees of Burmah Shell who retired from service more than 10 years back.
Ms. Indira Jaising, learned companynsel appearing for the petitioners, has, on the other hand, submitted that the petitioners in this writ petition belong to the clerical wing whereas the earlier writ petition No.
and Ors.
It appears that another writ petition W.P.No.
Burmah Shell was nationalised and taken over by the Government of India by the Burmah Shell Acquisition of Undertakings in India Act, 1976.
They are receiving pension and at the time of retirement they obtained payment of a lumpsum amount by way of companymutation of a part of the pension and a proportionate deduction is being made from pension amount payable to them for repayment of the said lumpsum amount.
Shri Pai, learned companynsel appearing for the respondent Corporation, has submitted that the matter stands companycluded by the aforementioned decisions of this Court and in view of the said decisions, the petitioners are number entitled to any relief in the matter of restoration of companymuted pension.
590/87 wherein similar relief was prayed and that the order passed by this Court in that case was as recent as May 11, 1988 and after such a short time lag and in the absence of any substantial change in the position, it was number desirable to entertain the claim for restoration of companymuted pension.
590 of 1987 was filed by the Bharat Petroleum Erstwhile Burmah Shell Management Staff Pensioners wherein a similar extension of the benefit of restoration of companymuted value of pension after the expiry of the period of 15 years from the date of companymutation was sought.
The said hike in pension was made effective from May 1, 1988.
590/37 and writ petition No.
Subsequently the shares of Burmah Shell Refineries India Ltd. were also acquired by the Government of India and the activities of Burmah Shell as well as Burmah Shell Refineries India Ltd. were merged to companystitute the Bharat Petroleum Corporation Ltd. By a trust deed dated December 31,1976, the original trust deed dated December 21, 1950, as modified from time to time, was supplemented and the said trust deed governs the payment of pension to the retired employees of the Burmah Shell.
The pension was paid out of the number contributory pension fund governed by a trust created in the year 1950.
the management staff of the Burmah Shell, would be entitled to a hike in the pension admissible at the same rate as is being given by the Hindustan Petroleum Corporation.
In this writ petition the petitioners have prayed for restoration of the fully pension after 10.1/2 years from the date of retirement to those employees who retired prior to April 1,1985 and after 9.1/3 years from the date of retirement to those employees who retired after April 1, 1985.
The matter of restoration of deduction in monthly pension of the employees of the Central Government who obtained lumpsum payment by way of companymutation of a part of the pension was companysidered by this Court in Common Cause A Registered Society and Ors.
During the companyrse of hearing of the said writ petition, the petitioners requested that the question of restoration of the companymuted value of the pension may number be adjudicated and the said matter was, therefore, number examined by the Court and the question about the escalation of pension amount alone was dealt with.
v. Union of India wherein this Court has taken numbere of the decision of the Government of India, companytained in the companymunication dated March 20,1976 sent to the Attorney General of India, that the recovery from pension payable every month towards companymuted value of pension would stop on the companypletion of 15 years from the date of retirement on superannuation or on the pensioner companypleting the age of 70 years, whichever is later.
The said writ petition was dismissed by this Court by judgment dated March 13,1990 reported as Bharat Petroleum Management Staff Pensioners and Ors.
The said scheme was effective from January 1, 1947.
Originally they were in the employment of Burmah Shell Oil Storage Distributing Company of India Ltd. for short Burmah Shell .
C. Agrawal, J. The petitioners in this writ petition filed under Article 32 of the Constitution are retired employees of Bharat Petroleum Corporation Ltd., an undertaking of the Government of India.
v. Bharat Petroleum CorporationLtd.
