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2021 Supreme(Gau) 201
IN THE HIGH COURT OF GAUHATI
Manish Choudhury, J.
A. Mohendra Singh - Appellant
Versus
Chiarman, Board Of Trustee Prbc Trust And Others - Respondent
Writ Petition (Civil) No. 3308 of 2016
Decided On : 03-02-2021
P. Bora, Advocate, S.K. Chakrabortyr, Advocate
Ex gratia payments are voluntary and individuals cannot claim them as a matter of right.
Headnote:
Ex-Gratia Benefit Scheme - Employee Benefits - ONGC Act Section List: Article 226 of the Constitution of India - Summary: The court discussed the 'Agrani Samman' Ex-gratia Benefit Scheme formulated by ONGC and its applicability to different categories of employees. The court highlighted the voluntary nature of ex gratia payments and emphasized that individuals cannot claim ex gratia payments as a matter of right. The court found that the petitioner did not fall within the category of employees eligible for the benefit under the scheme and dismissed the writ petition.
Fact of the Case:
The petitioner sought the benefit of 'Agrani Samman' Ex-gratia Benefit Scheme after retirement from ONGC, claiming to be eligible based on his service period and position. The court dismissed the writ petition, stating that the petitioner did not fall within the eligible category of employees for the scheme.
Finding of the Court:
The court found that the petitioner did not meet the criteria for eligibility under the 'Agrani Samman' Ex-gratia Benefit Scheme and therefore dismissed the writ petition.
Issues: The main issue was the eligibility of the petitioner for the 'Agrani Samman' Ex-gratia Benefit Scheme and whether the petitioner fell within the category of employees entitled to the benefit.
Ratio Decidendi: The court emphasized the voluntary nature of ex gratia payments and the lack of legal obligation to make such payments. It concluded that the petitioner did not meet the eligibility criteria for the scheme.
Final Decision: The court dismissed the writ petition, stating that the petitioner did not fall within the eligible category of employees for the 'Agrani Samman' Ex-gratia Benefit Scheme.
JUDGMENT
Manish Choudhury, J. - Heard Mr. P.K. Das, learned counsel for the petitioner and Mr. P.K. Roy, learned counsel appearing for all the respondents.
2. This writ petition under Article 226 of the Constitution of India is preferred for not granting the benefit pertaining to an Ex-Gratia Benefit Scheme formulated by the respondent Oil and Natural Gas Corporation (ONGC) Limited under the name and style of 'Agrani Samman'. The scheme 'Agrani Samman' was published by the respondent ONGC vide a notification in the English daily newspaper, "the Times of India" in its issue dated 14.01.2003. In the said notification, it was declared that the respondent ONGC authorities took a decision to introduce 'Agrani Samman' Ex-Gratia Benefit Scheme to the ex-employees in recognition of the valuable contribution made by them as pioneers to the cause of ONGC.
3. The scheme was extended to the following two categories of employees:-(i) eligible pre- 15.10.1959 employees who superannuated/voluntarily retired/died while in service (ii) those eligible post-14.10.1959 employees who superannuated/voluntarily retired/died while in service prior to 01.04.1991 (in case of Executive) and 16.11.1995 (in case of NonExecutive) after rendering minimum 10 years of service in the ONGC.
4. The benefits under the 'Agrani Samman' Ex-gratia Benefit Scheme were made available w.e.f. 01.01.2003. It was made clear that the payment under 'Agrani Samman' Ex-gratia Benefit Scheme was purely and entirely ex-gratia and not because of any right of entitlement. The rates of 'Agrani Samman' Ex-gratia Benefit Scheme per month for different categories of employees were also notified vide the said notification. Pursuant to the notification regarding 'Agrani Samman' Ex-gratia Benefit Scheme and subsequent clarifications issued from time to time in that regard, the respondent ONGC authorities had issued an office order dated 07.02.2012 clarifying certain more aspects with regard to 'Agrani Samman' Ex-gratia Benefit Scheme. The relevant parts of the said office order read as under :
"2. Queries have been received from work centres seeking clarification as to whether Post-14.10.1959 ex-class-lll employees who were upgraded to EO pay scale between 31.3.1991 and 15.11.1995 and separated prior to 16.11.1995 are to be considered for grant of 'Agrani Samman' under Class-lll/Class-lV slab w.e.f. 1.1.2003.
3. Further, Circular No. PRBS-18 dated 26.4.1993 issued by Chairman, Board of Trustee (PRBS) Trust envisaged that PRBS is meant for regular existing executives. Class-lll employees who have been upgraded to EO pay scale can not be included within the preview of scheme. As such, Ex-class-lll employees (upgraded to EO pay scale & above) were denied the membership of PRBS treating them non-executives as PRBS was optional and was applicable to executives only. However, PRBS was introduced for unionized categories of employees w.e.f. 15.11.1995.
4. In view of the above, it is hereby clarified that Post-14.10.1959 ex-class-lll employees who were upgraded to executive pay scale between 31.3.1991 and 15.11.1995 and separated prior to 16.11.1995 may be considered for grant of 'Agrani Samman' w.e.f. 1.1.2003 as applicable to Class-lll/lV under the scheme.
5. This issues with the approval of Director (HR)."
5. The case of the petitioner is that he joined the ONGC in the year 1961 and thereafter, he was upgraded from Class III to Executive Officer (EO) in the year 1986. He stood retired from service w.e.f. 30.06.1995 on reaching the age of superannuation. After his retirement on superannuation, the petitioner and 59 others who were serving as Supervisors (Heavy Vehicles), were provided the benefit of deemed personal upgradation to the post of Supervisor (HV) E-1 level w.e.f. 01.01.1993 for payment of all financial benefits vide an office order dated 23.12.1997. The beneficiaries of the office order dated 23.12.1997 by such personal upgradation to E-1 level, were given financial benefits by notionally f
