IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 19949 of 1999 Between: D.Bharatha Naidhi, S/o. late Narayana Murthy, R/o. 42-28-3, Kuppilithota Ist Lane, Dondaparthy, Visakahapatnam-16. ..... PETITIONER AND 1 Union of India, Rep. by the Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhavan, New Delhi -110001. 2 Hindustan Petroleum Corportation, Rep. by its Managing Director, Petroleum House 17, J.Tata Road, MUMBAI - 400020. 3 Chief General Manager, HPCL Visakha Oil Refinary, Malkapuram(PO), Visakahapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus directing the respondents to extend the benefit of Pension under H.P.C.L Employees Super Annuation Benefit Scheme introduced by the 2nd respondent ,to the petitioner at the rate of Rs.750/-p.m. or to such other amounts to which he is entitle to from 1.10.86 onwards with all attendant benefits and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner :MR.V.RAJAGOPAL REDDY Counsel for the Respondents : MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 19949 of 1999 ORDER : In this writ petition, the petitioner, who is retired as a Senior Operator Technician of Visakhapatnam Oil Refinary, seeks directions by way of Mandamus to direct the respondents to extend the benefit of Pension at the rate of Rs.750/- per month, under the HPCL Employees Super Annuation Benefit Scheme introduced by the 2nd respondent. 2. In the counter affidavit filed on behalf of the respondents, it is stated that the HPCL Employees Super Annuation Benefit Fund Scheme is a self-contributory post-retirement and death in service benefit scheme, which is designed to meet the post-retirement needs of employees and their family members in case of death of employees while in service. 3. From the averments in the counter affidavit, it is clear that the scheme is a self-contributory scheme, managed by a Trust. Initially, the managerial cadre officers of the Company were extended the benefit of this scheme, but subsequently in the year 1991, the scheme was also extended to the retired persons who are holding the posts on technical side. A letter dated 27th July 1991 was addressed to the petitioner by the 3rd respondent, asking the petitioner to deposit an amount of Rs.23,700/- as contribution towards the Pension Benefit Scheme, in order to avail the benefits of such scheme. But, even according to the petitioner, till 1994, he did not make any attempt for payment of said amount. Even as on today, the petitioner has not paid any amount towards the said scheme, and has not become the member of the said scheme. 4. The only argument advanced by the learned counsel appearing for the petitioner is that in the letter of the 3rd respondent, dated 27th July 1991, no date is prescribed for payment of amount towards the Pension Benefit Scheme. In the counter affidavit it is categorically stated that for the retired personnel, it is a one-time measure. The options were given to the employees of the Company in the year 1991 to become members of the Pension Benefit Scheme, but the petitioner did not avail the benefit of such options. 5. As much as the petitioner did not become the member of the scheme at any point of time, he cannot seek any directions by way of Mandamus to extend the benefit of such scheme to him. It is also to be noticed that the said scheme has nothing to do with the respondent-Company, as it is being managed by a Trust floated by some individuals, and in this view of the matter, even the maintainability of the writ petition itself is doubtful. 6. For the aforesaid reasons, I do not find any merit in this writ petition, which is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 19th August 2008 ajr To 1 The Secretary, Ministry of Petroleum and Natural Gas, Union of India, Shastri Bhavan, New Delhi -110001. 2 The Managing Director, Hindustan Petroleum Corportation, Petroleum House 17, J.Tata Road, MUMBAI - 400020. 3 Chief General Manager, HPCL, Visakha Oil Refinary, Malkapuram(PO), Visakahapatnam.