Ranjit Kr Kakoty v. The Union of India and 5 Ors

ORDER Date : 16-02-2023

Heard Mr. B. Purkayastha, learned counsel for the writ petitioner. Also heard Mr. G.N. Sahewalla, learned Sr. counsel assisted by Ms. T.J. Sahewalla, learned counsel appearing on behalf of respondent Nos. 2 to 5 and Mr. A.L. Mondal, learned counsel representing the respondent No. 6. The writ petitioner herein was an employee of Oil & Natural Gas Commission

(ONGC) and he has retired from service on attaining the age of superannuation w.e.f. 28-02-2017. At the time of his retirement, the petitioner had given his consent to the ONGC authorities to transfer the entire accumulated retirement benefits to a fund held by the Life Insurance Corporation of India (LICI) against which, the petitioner is receiving a Page No.# 3/4 monthly pension. Mr. Purkayastha submits that at the time of his retirement it was optional for the petitioner to retain upto 1/3rd of the total dues payable to him from the ONGC and transfer the balance 2/3rd amount to the LICI but as the petitioner was unaware of the aforesaid scheme, he did not make request to retain any amount. Consequently, the entire amount was transferred to the LICI. At this stage, the petitioner has several upcoming family assignments including the marriage of his children and therefore, he is in need of some money. Hence, the instant writ petition has been filed seeking a writ of mandamus directing the LICI to allow him to withdraw the permissible amount. Mr. Sahewalla submits that ONGC would have no objection, if the money, as permissible under the scheme, is returned to the petitioner by the LICI represented by the respondent No. 6. Mr. Mondal also submits that if an application is made to that effect by the petitioner then the same will be considered and appropriate direction will be issued on that behalf. If that be so, I am of the view that nothing further survives for adjudication in this writ petition. With the consent of the learned counsel for the parties, this writ petition is therefore, disposed of by granting 10 days time to the petitioner to make appropriate application before the LICI authorities by marking a copy to the respondent No. 2. On receipt of such application, the LICI authorities may process the same and take appropriate decision for release of upto 1/3rd of the amount to the petitioner for his personal use by retaining the balance 2/3rd. Since the ONGC does not have any objection if the request made by the petitioner is accepted by the LICI, it would not be necessary for the LICI to seek any further NOC from the employer of the petitioner on that behalf. The exercise, as noticed above, be completed as expeditiously as possible but not later than 06 weeks from the date of receipt of the application along with a certified copy of this order. Page No.# 4/4 Writ petition stands disposed of.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010028692018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/913/2018o RANJIToKRoKAKOTYo (SUPERINTENDENToENGINEER)oRETIRED,oS/OoLATEoPADMADHARo KAKOTI,oR/O.oVILL.oDAICIALoGAON,oP.O.oDHULIPAR,oDIST.oSIVASAGR,o ASSAM,oPIN-785640 VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFo PETROLEUMoANDoCHEMICAL,oGOVT.oOFoINDIA,oNEWoDELHI-110001 2:THEoCHAIRMANoCUMoMANAGINGoDIRECTOR oOILoANDoNATURALoGASoCORPORATIONoLTD. oJEEVANoBHARATI oTOWER-II o124-INDIRAoCHOWK oCONNAUGHToPLACE oNEWoDELHI-110001 3:THEoTRUSTEE oOILoANDoNATURALoGASoCORPORATIONoLTD. oPOSToRETIREMENToBENEFIToSCHEME oPRBSoCELL oSHEDoNO.o26 oTELoBHAWAN oDHERADUN oPIN-248001 4:THEoEXECUTIVEoDIRECTORo(HR) oOILoANDoNATURALoGASoCORPORATIONoLTD. oCAUVERYoASSET oNERAVYoCOMPLEX Page No.# 2/4 KARAIKAL PIN-609604 5:THE EXECUTIVE OFFICER PRBS SECTION BASEMENT OLD SECRETARIAT BUILDING TEL BHAWAN DEHRADUN. 6:THE BRANCH MANAGER LIFE INSURANCE CORPORATION LIMITED P AND GS DEPTT. 2ND FLOOR LIC BUILDING NEW CANNAUGHT PLACE DEHRADUN PIN-724600 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM