Shah, J. - (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 :-"A sum equal to 40 per cent of the average annual basic salary for the last five years of service immediately preceding the date of retirement."
(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 :- a) Issue a writ, direction or order in the nature of certiorari or any other appropriate writ, direction or order quashing the cut-off date mentioned in the impugned communication No. F. No. F. 29011/1/95-IOC dated 10-3-1995 (Annexure 'E'), as December, 1994 as having been arbitrarily fixed; and b) Issue a writ, direction or order in the nature of mandamus or any other appropriate writ, direction or order to the respondents directing them to extend benefits of the impugned communication No. F. No. F. 29011/1/95-IOC dated 10-3-1995- to all the pensioners of IOC (AOD) irrespective of date of retirement; c) Issue a writ, direction or order in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to liberalise the AOC Pension Scheme so as to include the Ad hoc Pension Relief to all retirees and who are still in service and to superannuate under the AOC Pension Scheme as is being granted to the ex-employees of AOC who stood transferred to OIL; d) Issue a writ, direction or order in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to liberalise the AOC Pension Scheme so as to include the benefits of the CLI Linked Pension Relief to all retirees and who are still in service and to superannuate under the AOC Pension Scheme, as is being granted to the eligible pensioners of OIL., BPCL and HPCL; e) Issue a writ, direction or order in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to liberalise the pension scheme of the respondent No. 2 so as to include the benefit of restoration of the commuted portion of pension after 15 years as is being granted to the sister companies of the respondent No. 2 i.e. BPCL and HPCL. ;