Abdul Hannan v. The Union of India and 5 Ors

ORDER

29.11.2023

¶1Heard Mr. B. Zaman, learned counsel for the petitioner, who submits that the petitioner retired from the ONGC Assam Asset, Nazira. Page No.# 3/4

¶2The petitioner's counsel submits that the petitioner had submitted an application for commutation 1/3rd of his pension to the authorities, prior to his retirement. However, the ONGC authorities did not take any decision on the same.

¶3The petitioner's counsel submits that instead of paying the petitioner 1/3rd of his pension as commutation pension, the entire amount of pension accumulated by the petitioner totalling Rs.40,15,555/- had been deposited with the respondent no.6, who is paying monthly pension to the petitioner. The petitioner's counsel submits that the petitioner has given two representations, in pursuant to the earlier application for commutation of pension, vide representation(s) dated 05.06.2018 and 09.06.2023, but to no avail.

¶4The petitioner's counsel submits that this writ petition can be disposed of, if a direction is issued to the authorities, to consider the petitioner's application for commutation of his 1/3rd pension, as he had already prayed for the same, prior to his retirement.

¶5Mr. S.S. Roy, learned counsel for the respondent no.1 submits that he has got no objection to the prayer of the petitioner's counsel.

¶6No one appears for the ONGC or the LIC.

¶7This Court is of the view that the matter can be disposed of at the motion stage itself, inasmuch as, the issue to be decided is with regard to whether the petitioner had submitted an application for commutation of pension before the authorities and whether they had taken a decision on the same. Further, if the same had been submitted in time and as per the rules, guidelines and schemes applicable to the ONGC employees. Page No.# 4/4

¶8In view of the above reasons, this Court directs the respondent nos.2 to 5, to take a decision on the petitioner's application for commutation of pension, if the same had been submitted within time and as per the rules, guidelines and parameters laid down by the ONGC. The decision taken should thereafter be communicated to the petitioner. The entire exercise should be conducted within a period of one month from the date of receipt of a certified copy of this order, which should be accompanied with a copy of the writ petition. Further, if a decision has already been taken by the respondents, the same should also be communicated to the petitioner.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010262562023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6835/2023o ABDULoHANNANo CHIEFoFOREMEN,o(PRODUCTION)oRETIRED,o S/O-oLATEoABDULoHAMID,o R/O-oBABUPATTY,oWADoNO.o12,o P.O.-oSIVASAGAR,oDISTRICT-oSIVASAGAR,o ASSAM,oPIN-o785640. VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o MINISTRYoOFoPETROLEUMoANDoCHEMICAL,o GOVT.oOFoINDIA,oNEWoDELHI-o110001. 2:THEoCHAIRMANoCUMoMANAGINGoDIRECTOR oOILoANDoNATURALoGASoCORPORATIONoLTD. oJEEVANoBHARATI oTOWER-II o124-INDIRAoCHOWK o CONNAUGHToPLACE oNEWoDELHI-o110001. 3:THEoTRUSTEE oOILoANDoNATURALoGASoCORPORATIONoLTD. oPOSToRETIREMENToBENEFIToSCHEME o PRBSoCELL oSHEDoNO.o26 oTELoBHAWAN o DHERADUN Page No.# 2/4 PIN- 284001. 4:THE EXECUTIVE DIRECTOR (HR) OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSET NAZIRA DIST.- SIVASAGAR ASSAM PIN- 785685. 5:THE EXECUTIVE OFFICER PRBS SECTION BASEMENT OLD SECRETARIAT BUILDING TEL BHAWAN DEHRADUN PIN- 248001. 6:THE BRANCH MANAGER LIFE INSURANCE CORPORATION LIMITED P AND GS DEPARTMENT 2ND FLOOR LIC BUILDING NEW CANNAUGHT PLACE DEHRADUN PIN- 248001 Advocate for the Petitioner : MR. B PURKAYASTHA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA