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

ORDER

25.04.2024 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. Abu Ahmed Hussain, learned counsel appearing for respondents nos. 2 , 3, 4 and 5 and Mr. A. L. Mandal, learned Standing Counsel, LIC of India for respondent no. 6.

¶2The petitioner is before this Court praying for setting aside and quashing the communication dated 13.04.2023 issued by the LICI/respondent no. 6 with a further prayer to direct the LICI Authority to continue to pay the monthly installment at the rate of Rs. 20,461/- per month to the petitioner w.e.f. Page No.# 3/8

01.04.2023.

¶3The short case of the petitioner is that he was employed under the ONGC and in terms of a scheme of the ONGC with the LIC, the employees are given the option to purchase annuities from the LIC on the amount to be deposited by the ONGC and thereafter, they received monthly annuities after their retirement. The ONGC deposited Rs. 54,08,215.64/- (Rupees Fifty four lakhs eight thousand two hundred fifteen and sixty four paisa only) in so far as the petitioner is concerned to the LICI under the post retirement benefit scheme. The petitioner superannuated on 31.03.2017 and from 01.04.2017, the petitioner has been receiving the annuities under the post retirement benefit scheme. Annuities received are at the rate of Rs. 30,688/- (Rupees Thirty thousand six hundred eighty eight only) per month. Subsequently, the petitioner came to be aware that there was an option available to the writ petitioner to withdraw 1/3rd of the amount deposited with the LICI and receive the balance on annuities. Since this clause was not made known to the writ petitioner, he approached this Court by filing a writ petition being WP(C)/913/2018. This writ petition came to be disposed of by the Co-ordinate Bench vide order dated 16.02.2023. This Court on the submissions made by the learned Counsel before the Court and passed a consent order disposing of the writ petition granting 10 (ten) days time to the writ petitioner to make appropriate application before the LICI Authorities by Page No.# 4/8 marking a copy to the ONGC and upon receipt of such application, the LICI authorities will process the same and take appropriate decision for release upto 1/3rd of the amount to the petitioner for his personal use by retaining the balance 2/3rd.

¶4Pursuant to the disposal of the writ petition, the petitioner filed necessary application before the LICI with a copy to the ONGC. The LICI in response of the application filed, issued the impugned letter dated 13.04.2023. By the said letter, the LICI requested the petitioner to refund the excess amount drawn by way of annuity amounting to Rs. 7,26,117/- (Rupees Seven lakhs twenty six thousand one hundred seventeen only) in order to release the revised annuity payable to the petitioner. It is this communication which has been challenged before the Writ Court with a further prayer that the annuities payable to the petitioner have been stopped since the issuance of this letter, be directed to be released. That apart, it is the further claim of the writ petitioner against the ONGC that this gratuity payable to the writ petitioner had not been released.

¶5The LICI has filed their affidavit disputing the claims of the petitioner and stating that since the 1/3rd amount is required to be released to the petitioner, the excess amount drawn by way of annuity is to be refunded to the LICI in order to enable them to release the annuity as per the revised rate. Page No.# 5/8

¶6The ONGC also contested the matter stating that the petitioner has been receiving the annuities as per the scheme and pursuant to the order dated

16.02.2023 passed by the Co-ordinate Bench. The application for revised rate has been filed and the LICI authorities have agreed to release the 1/3rd amount subject to release of the excess amount drawn as annuity.

¶7Although, it is not pleaded in the counter-affidavit filed by the ONGC, but during the course of the hearing, the learned counsel for the ONGC has placed before the Court relevant documents to submit that the claim of the gratuity made by the writ petitioner is also unwarranted as the amount of gratuity has already been released. The gratuity was originally released in the month of February 2017 for an amount of Rs. 13,34,685/- (Rupees Thirteen lakhs thirty four thousand six hundred eighty five only). Subsequently, there was a revision and on 30.04.2018, further amount of Rs. 10,00,000/- (Rupees Ten lakh only) was released to the petitioner. The payment of gratuity slip in respect of the writ petitioner has been placed before the Court and has been kept as part of the case record.

¶8Having heard the rival submissions and also upon the careful perusal of the pleadings on record, this Court is of the view that the issue raised in the writ petition is within a very narrow campus. While it is correct that the petitioner Page No.# 6/8 had been permitted to withdraw 1/3rd amount and prior to that in terms of the post retirement benefit scheme, the petitioner has been receiving the annuity at the rate of Rs 30,688/- (Rupees Thirty thousand six hundred eighty eight only), however, the step taken by the LICI cannot be faulted with in view of the fact that after release of 1/3rd amount, the annuity which is to be calculated, will have to be calculated taking into consideration the amount which the petitioner had been receiving since the inception.

¶9Under such circumstances, the LICI is within its right to verify and take necessary steps for adjustment or recovery of the excess amount paid to the petitioner. However, the grievance of the petitioner is that pursuant to the release of 1/3rd amount by the LICI for continued release of the annuity at the revised rate, the LICI has requested the petitioner to refund the excess amount at the rate of Rs. 7,26,117/- (Rupees Seven lakhs twenty six thousand one hundred seventeen only) so that the annuity can be released. As on date, as the petitioner did not refund the amount of Rs. 7,26,117/- (Rupees Seven lakhs twenty six thousand one hundred seventeen only), the revised annuity has not been released and the petitioner is without any pensionary benefits in terms of the post-retirement benefit scheme.

¶10This Court is of the view that if the LICI has arrived at a finding that the Page No.# 7/8 excess amount is to be recovered, then the same can always be undertaken by recovering the said amount by making necessary adjustments from the annuities that are to be released to the petitioner on monthly basis. As such instead of demanding a refund of Rs.7,26,117/- (Rupees Seven lakhs twenty six thousand one hundred seventeen only), the LICI Authorities are at liberty to adjust this amount towards the monthly annuity on a monthly basis at the rate of 30% from the annuity. This revised amount of the monthly annuity will be released after deduction of the excess amount not greater than at the rate of 30% from the said revised monthly annuity, till such amount has been properly adjusted.

¶11The release of the monthly annuity after deduction of the excess amount at the rate of 30% will be carried out as directed and the impugned communication dated 13.04.2023 will act as no Bar in compliance with the order as directed above. The arrear pension w.e.f. 01.04.2023 shall also be released after making necessary adjustments.

¶12It is also recorded that the petitioner has already received his gratuity and no further claims survive in respect of Gratuity.

¶13With the above observation, the writ petition stands disposed of. No order as to cost. Page No.# 8/8 JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010138792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3698/2023o RANJIToKRoKAKOTYo (SUPERINTENDENToENGINEER)oRETIRED,oS/O-oLATEoPADMADHARo KAKOTI,oR/O-oVILL-oDAICIALoGAON,oP.O.oDHULIAPAR,oDIST.-oSIVASAGAR,o ASSAM,oPIN-o785640 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFo PETROLEUMoANDoCHEMICAL,oGOVT.oOFoINDIA,oNEWoDELHI-o110001 2:THEoCHAIRMANoCUMoMANAGINGoDIRECTOR oOILoANDoNATURALoGASoCORPORATIONoLTD. oJEEVANoBHARATI oTOWER-II o124-INDIRAoCHOWK oCONNAUGHToPLACE oNEWoDELHI-o110001 3:THEoTRUSTEE oOILoANDoNATURALoGASoCORPORATIONoLTD oPOSToRETIREMENToBENEFIToSCHEME oPRBSoCELL oSHEDoNO.26oTELoBHAWAN oDHERADUN oPIN-o248001 4:THEoEXECUTIVEoDIRECTORo(HR) oOILoANDoNATURALoGASoCORPORATIONoLTD.oCAUVERYoASSET oNERAVYoCOMPLEX oKARAIKAL oPIN-o609604 Page No.# 2/8 5:THE EXECUTIVE OFFICER PRBS TRUST ONGC LTD TEL BHAWAN DEHRADUN PIN- 248001 (UK) 6:THE BRANCH MANAGER LIFE INSURANCE CORPORATION LIMITED P AND GS DEPTT. 2ND FLOOR LIC BUILDING NEW CANNAUGHT PLACE CHAKRATA ROAD G204 DEHRADUN PIN- 24800 Advocate for the Petitioner : MR. B PURKAYASTHA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA