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J.NAGALINGAM versus UNION OF INDIA

High Court of Madras

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J.Nagalingam v. Union of India - W.P.No.19372 of 2002 [2002] RD-TN 335 (7 June 2002)



IN THE HIGH COURT OF JUDICATURE AT MADRAS



DATED: 07/06/2002

CORAM

THE HONOURABLE MR. JUSTICE V.KANAGARAJ

W.P.No.19372 of 2002

1. J.Nagalingam

2. Harish Kumar Anand

3. P.Selvamani

4. M.Ravi Narayanan

5. A.P.Ganesan

6. M.Mohamed Nazir

7. R.Reghunath

8. S.Ramachander

9. D.Murali

10.S.Raghunathan

11.Balakrishnan Pramode

12.Jills Jude

13.K.C.Abraham

14.S.Sabu Lal

15.K.G.Chacko

16.K.Madhu Malar Maran

17.K.Santhana Kumar

18.Anuj Kr.Das

19.K.Rajendran

20.K.Chandirasekaran

21.R.Mani

22.R.K.Sharma

23.A.Kambaiah

24.N.Sanjay Kumar

25.C.Channakeshava

26.Rm.Ramesh

27.B.S.Verma

28.Bharat Prasad .. Petitioners Vs.

1. Union of India,

rep. by the Secretary,

Ministry of Petroleum &

Natural Gas, New Delhi.

2. The Chairman-cum-Managing Director,

Oil and Natural Gas Corpn. Ltd.,

Jeevan Bharathi, Tower II

124-Connaught Circle,

New Delhi 110 001.

3. The Head Regional Office,

Southern Regional Business Centre,

Oil and Natural Gas Corpn. Ltd.,

Thalamuthu Natarajan Building

(CMDA Tower),

8, Gandhi Irwin Road,

Egmore, Chennai-8.

4. Post Retirement Benefit Scheme Trust,

rep. by its Executive Officer,

Oil and Natural Gas Corpn. Ltd.,

PRBS Section, Tel Bhavan,

Dehradun-248 003.

5. The Secretary,

Ministry of Labour,

Govt. of India,

New Delhi. .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus as stated therein. For Petitioners : Mr.H.Nazirudeen

:O R D E R



Petition praying to issue a Writ of Mandamus directing respondents 2 to 4 to compute from the date of deduction and refund the amounts contributed towards Oil and Natural Gas Corporation self contributory Post Retirement and Death in service Benefit Scheme known as PRBS constituted on 29.4.1990 in U.O.No.GGM(P) SBC/OFF/I with interest.

2. Today, when the above writ petition came up for admission, it comes to be known that the Scheme has been formulated in order to take care of the post retirement needs of the officers of the ONGC as a self-convincing one and the employees were assured for a pension of 44 on the last drawn salary as per the plans available with L.I.C., narrating all the aspects contained with the same including the definitions, contributions, reckonable service benefits, managing the scheme and review and the same has been formulated as on 29.4.1990 and is still in vogue even admittedly to the petitioners.

3. While so, the petitioners have come forward to file the above writ petition seeking a direction to respondents 2 to 4 to refund the amounts contributed with interest and to pass such orders.

4. The petitioners could either accept the Scheme or challenge the same, but not having accepted the same seeking piecemeal reliefs as one sought for in the writ petition without challenging the very Scheme or questioning the validity of operation of the same. Having become part and parcel of the Scheme all these years and having contributed so far, all of a sudden, the petitioners cannot, without assigning any tangible reason, seek for a direction to be issued to the effect that has been sought for in the above writ petition.

5. Therefore, the above writ petition is bereft of merit and the same becomes liable only to be dismissed and is dismissed accordingly. No costs. Consequently, WPMP No.26710 of 2002 is also dismissed. No costs. 07.06.2002 gs.

To

1. The Secretary to the Govt. of India,

Ministry of Petroleum &

Natural Gas, New Delhi.

2. The Chairman-cum-Managing Director,

Oil and Natural Gas Corpn. Ltd.,

Jeevan Bharathi, Tower II

124-Connaught Circle,

New Delhi 110 001.

3. The Head Regional Office,

Southern Regional Business Centre,

Oil and Natural Gas Corpn. Ltd.,

Thalamuthu Natarajan Building

(CMDA Tower),

8, Gandhi Irwin Road,

Egmore, Chennai-8.

4. The Executive Officer,

Post Retirement Benefit Scheme Trust,

Oil and Natural Gas Corpn. Ltd.,

PRBS Section, Tel Bhavan,

Dehradun-248 003.

5. The Secretary,

Ministry of Labour,

Govt. of India,

New Delhi.

V.KANAGARAJ, J.

W.P.No.19372 of 2002




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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