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1990 Supreme(SC) 150

K.RAMASWAMY, M.M.PUNCHHI, RANGANATH MISRA
Bharat Petroleum Management Staff Pensioners – Appellant
Versus
Bharat Petroleum Corporation LTD. – Respondent


Advocates:
B.B.Sawhney, G.B.PAI, KIRTI MISHRA, M.S.GUJRAL, MIRA AGRAWAL, O.C.MATHUR, S.SUKUMARAN

JUDGMENT

K. RAMASWAMY, J.:- This writ petition under Art. 32 filed on behalf of about 450 erstwhile employees of M/ s Burmah Shell retired between May 1, 1979 and December 1984, is for a mandamus or direction to the respondents to restore full pension (which had been commuted) to the petitioners Nos. 2 to 5 and others similarly situated upon the expiry of 121/2 years from date of retirement in case of those retired prior to April 1985 and after 11 1/3 years to those retired after April 1, 1985 from their respective dates of retirement. They claim that though in their previous Writ Petn. No. 590 of 1987 disposed of by a Division Bench of this Court on May 11, 1988: (Reported in AIR 1988 SC 1407) of which one of us (Ranganath Misra, J.) was a member, a hike in the pension effective from May 1, 1988 was granted. Consideration of the present relief had been left over for a later period. Admittedly, the petitioners in Writ Petn. No. 590 of 1987 sought two reliefs, namely, (i) restoration of the commuted portion of the pension, and (ii) enhancement of pension on par with the pensioners of the Hindustan Petroleum Corporation Limited, for short HPCL. During the course of hearing, claim for



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