SUBRATA SEN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 32 of the Constitution of India is filed by the petitioners who were employees of the Indian Oil Corporation Limited (Assam Oil Division) and retired prior to 1st December, 1994. It is pointed out that Assam Oil Division was formed by transfer of the Undertaking of the Assam Oil Co. Ltd., a 100% subsidiary of the Burmah Oil Company which has been nationalised w.e.f. 14-10-1981. Petitioners were transferred from Assam Oil Co. Limited to the Indian Oil Corporation - Assam Oil Division (In short "AOD"). As per the Assam Oil Company Staff Pension Fund Scheme, they were geting pension on the following basis :-

(2.) It is pointed out that the Government of India has issued Notification dated 10-3-1995 providing for revision of pension formula in respect of Indian Oil Corporation (AOD) Officers covered by AOD Staff Pension Scheme which reads thus. "Pension for the officers retiring from December, 1994, onwards may be computed on the basis of 40% of the average of the last 10 months salary including average dearness allowance drawn by the officer over the last 10 months of his service. If and when pay revision takes place retrospectively, the amount of pension may be adjusted accordingly. No dearness allowance will be paid on pension."

(3.) Petitioners submit that the cut-off date is discriminatory and that there canot be any classification of retirees who have retired prior to December, 1994 and who are to retire from December, 1994 onwards and, therefore, they are entitled to have pension on the basis of revised formula. For this, they have relied on the decision rendered by this Court in D. S. Nakara vs. Union of India, (1983) 1 SCC 305. In this petition, they have prayed as under :-