SUJATA V.MANOHAR - (1.) THE respondent retired from the Burmah Shell Oil Storage and Distribution Company Ltd., on superannuation with effect from 1-2-1975. At the date of his retirement he was in the managerial cadre of the company.
(2.) ON his retirement, the respondent became entitled to a pension of Rs. 1317.00 per month. He was entitled to commute 1/3rd of this pension amounting to Rs. 439.00, which he did. As a result, the respondent received on his retirement a monthly pension of Rs. 878.00. In January, 1976 the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 was passed pursuant to which the right, title and interest and liabilities of Burmah Shell in relation to the undertakings in India came to be vested in the appellant-company. Thereafter the appellant-company voluntarily increased the pension payable to the retired employees. As of 1-4-1993, the pension of the respondent had been voluntarily increased by the appellant-company from Rs. 878.00 to Rs. 1278.00 per month. On 30th of June, 1993, the appellant-company decided voluntarily to give to its retired employees an increase of 56.03 Per Cent on their existing pension. In the meanwhile, in 1989 the Bharat Petroleum Corporation Ex-employees Association representing the pensioners in the clerical staff category, had filed a writ petition in this Court claiming that such of the pensioners who had commuted a portion of their pension and who had lived for more than 15 years after the commutation, should be given the benefit of restoration of commuted pension. This relief was granted by this Court by its order dated 17-8-1993. The decision is reported as Bharat Petroleum Corpn. Ltd. Ex-Employees Association v. Chairman and Managing Director Bharat Petroleum Corporation Ltd. Bombay, 1993 Supp (4) SCC 37 : (1994 AIR SCW 725 : AIR 1994 SC 1304). Although this judgment dealt with the clerical cadre, the appellant-corporation decided to extend the benefit of this judgment also to the managerial cadre. As a result, the respondent was given monthly pension calculated as follows :- JUDGEMENT_127_JT6_1999Html1.htm The pension was calculated in this manner for all employees.
(3.) THE respondent, however, contends that the increase of 66.03 Per Cent which was given with effect from 1-7-1993, should be given on the pension of Rs. 1278.00 + the commuted pension of Rs. 439.00. As a result, the 56.03 Per Cent increase would come to Rs. 964.00, and the respondent should get a total pension of Rs. 2684.00 per month. The High Court has granted the relief claimed by the respondent. Hence the present appeal has been filed by the appellant.;