Gauhati High Court Page No.# 1/ vs The Union Of India And 2 Ors on 9 May, 2024 Page No.# 1/10 GAHC010114102015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1107/2015 WELFARE ASSOCIATION OF RETIRED ONGCIANS and ANR REP. BY ITS PRESIDENT SRI DURGA NATH BORTHAKUR, HAVING ITS OFFICE AT C/O MRS. PREM LATA BORUAH, SEUJPUR, OLD AMOLAPATY, W/NO.10, P.O. and P.S. and DIST SIBASAGAR, PIN785640, ASSAM 2: DURGA NATH BORTHAKUR R/O PRAFULLA PHUKON PATH P.O. PHUKON NAGAR P.S. and DIST SIBASAGAR ASSA VERSUS THE UNION OF INDIA and 2 ORS REP. BY THE SECY., MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAWAN, NEW DELHI1 2:THE OIL AND NATURAL GAS CORPORATION LTD REP. BY THE CHAIRMAN CUM MANAGING DIRECTOR TEL BHAVAN DEHRADUN UTTARAKHAND PIN248001 3:THE EXECUTIVE DIRECTOR ONGC NAZIRA DIST SIBASAGAR PIN785640 ASSA Advocate for the Petitioner : MR.A BORGOHAIN Advocate for the Respondent : MR.N A SINGHR2and3 Page No.# 2/10 BEFORE Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioners : Ms. P. Barman Advocate for the respondents : Shri GN Sahewalla, Sr. Advocate Shri N.A. Singh, R 2 & 3, ONGC Shri CKS Baruah, CGC Date of hearing : 09.05.2024 Date of Judgment : 09.05.2024 Judgment & Order Heard Ms. P Barman, learned counsel for the petitioners and Shri G.N. Sahewalla, learned Senior Counsel assisted by Shri N.A. Singh, learned counsel for the respondent ONGC. Shri CKS Baruah, learned CGC is also present. 2. The writ petition has been structured with the following relief: "It is therefore prayed that Your Lordships may graciously be pleased to admit this petition and may further be pleased to admit this petition and may further be pleased to issue a Rule upon the respondents to show cause as to why a writ in the nature of Mandamus and/or any other appropriate writ, order or direction of like nature should not be issued directing the respondents to (i) implement a standard and liberalized "Pension" Scheme covering all the retired employees of Oil and Natural Gas Corporation Limited computed on the minimum of the pay scales given effect from 2007 made applicable to the post of 01/01/2007 Page No.# 3/10 employees (ii) issue of ONGCL's share of Rupees Four to Ten Lakhs (Face Value) free of cost to each retired employees in recognition of their service (iii) restore the Golden Jubilee award of Rs.50,000/ and 15 grams of gold to each retired employees of ONGC (iv) to implement the financial aid scheme of "Asha Kiran" by removing the quantum disparity as mentioned by the petitioners and giving retrospective effect from 200809 after fixing the distributable computed amount calculated on 1.5% profit basis less the actual expenses made by ONGCL on medical treatment of each employee including dependants (v) to remove discrimination by including and extending to the executive Category of ONGCians who retired between 1991 and 1995 as lawfully deserving beneficiaries of the "Agrani Samman" award as they equally fulfill the prescribed criteria as "Agranis" (Pioneers) and eligible beneficiaries (vi) to maintain equity by raising the quantum of gratuity of the retired employees with the employees of ONGCL by increasing the quantum to the retired employees to Rs.10 lacs to remove discrimination call for the records and on perusal thereof and after hearing the parties may be pleased to make the rule absolute and/or may be pleased to pass such further or other order/orders as to Your Lordships may deem fit and proper." 3. Ms. Barman, learned counsel for the petitioners has submitted that the petitioner no.1 is an Association of retired employee of the ONGC and is mainly concerned with proper / adequate scheme for post retirement benefits. It is submitted that though the members of the petitioner no. 1 are getting the CPF, a scheme should be directed to be framed so that they get regular pension. Reference t