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IN THE HIGH COURT OF DELHI AT NEW DELHI
RETIRED OFFICERS WELFARE SOCIETY & ORS – Appellant
Versus
INDIAN OIL CORPORATION LTD. & ANR – Respondent
JUDGMENT :
JYOTI SINGH, J.
1. Petitioner No. 1 in W.P.(C) 4406/2017 is Retired Officers Welfare Society of Indian Oil Corporation Ltd. (‘IOCL’) while Petitioners No. 2 and 3 are individual retired officers. Petitioners in W.P.(C) 7690/2017 are individual retired employees of Mathura Unit of IOCL. Petitioners lay a challenge to impugned Circular dated 19.04.2011 and Office Memorandum dated 01.06.2011 as also Deed of Variance dated 18.05.2011 issued by IOCL, whereby Superannuation Benefits Fund Scheme (‘hereinafter referred to as ‘SBF Scheme’) dated 24.12.1987 was retrospectively modified w.e.f. 01.01.2007. Declaration is sought to declare that all Deeds of Variance making changes to Principal Trust Deed dated 24.12.1987 are illegal and void ab initio. Writ of Mandamus is sought to IOCL to restore pension benefits to the Petitioners in accordance with the original SBF Scheme calculated on actual salary (Basic Pay + DA) and reckonable years of service as on actual date of superannuation of the members of Petitioner No.1 Society and individual retirees, who superannuated after 01.01.2007. On account of similitude of legal issues with respect to the same SBF Scheme, both petitions were he
Retrospective modifications to pension schemes that unfairly alter pension benefits for specific groups of retirees constitute discrimination under Article 14 of the Constitution.
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
Cutoff date for pension upon switch from provident fund, denying pre-cutoff arrears, is not arbitrary or discriminatory due to prior opt-out opportunities, financial burden, and scheme as policy pack....
Failure to opt for the Contributory Provident Fund by the cut-off date leads to automatic inclusion in the Pension Scheme, creating a legal fiction preventing claims against this transition.
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