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DEVASHIS BARUAH
Sauman Talukdar, S/o. Prabin Talukdar – Appellant
Versus
Oil India Limited – Respondent
JUDGMENT :
1. The instant writ petition has been filed challenging Clause-7 of the Circular bearing No.PERS/01/12-2699 dated 04.07.2007 whereby the benefits of the circular was not extended to the executives who had separated from Oil India Limited other than on account of superannuation/voluntary retirement/early retirement/death on or after 01.01.1997.
2. The case of the Petitioner herein is that the Petitioner joined the Respondent Oil India Limited as an Executive Trainee in the year 1988 and he was absorbed by the Oil India Limited as a Production Engineer after successful completion of his training in the year 1989. The Petitioner thereupon earned his first promotion in the year 1993 to the post of Senior Production Engineer and then in the year 1997, he was promoted to the post of Deputy Superintendent Engineer (OGPL). Subsequent thereto, the petitioner was again promoted in the year 2000 to the post of Superintendent Engineer and then in the year 2006, he was promoted to the post of Deputy Chief Engineer (Production). On 25.04.2007, the petitioner submitted his resignation and sought release from the services of the Oil India Limited w.e.f. 05.06.2007.
3. Subsequent thereto, t
The policy decision can be rendered unconstitutional only in the case of arbitrariness, irrationality, perversity, and malafide.
The main legal point established in the judgment is that in economic and fiscal regulatory matters, courts should exercise restraint and not interfere with policy decisions unless they are clearly il....
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