JUDGMENT

Shah, J.-This petition under Article 32 of the Constitution of India is filed by the petitioners who were employees of the Indian Oil Corporation Limited (Assam Oil Division) and retired prior to 1st December 1994. It is pointed out that Assam Oil Division was formed by transfer of the Undertaking of the Assam Oil Co. Ltd., a 100 subsidiary of the Burmah Oil Company which has been nationalized w.e.f. 14.10.1981. Petitioners were transferred from Assam Oil Co. Limited to the Indian Oil Corporation - Assam Oil Division (In short "AOD"). As per the Assam Oil Company Staff Pension Fund Scheme, they were getting pension on the following basis: -

"A sum equal to 40 percent of the average annual basic salary for the last five years of service immediately preceding the date of retirement"

2. It is pointed out that the Government of India has issued Notification dated 10.3.1995 providing for revision of pension formula in respect of Indian Oil Corporation (AOD) Officers covered by AOD Staff Pension Scheme which reads thus: -

"Pension for the officers retiring from December, 1994, onwards may be computed on the basis of 40 of the average of the last 10 months salary including aver