Law: Oil and Gas Development Company Limited Employees Service Rules, 2002

Section: 25(1)

Law: Oil and Gas Development Corporation Employees (Service) Regulation, 1994

Section: 10,15

Oil and Gas Development Company Limited (Reorganization) Ordinance (XXVIII of 2001)--- ----S.5(1)---Oil and Gas Development Corporation Employees (Service) Regulations, 1994, Reglns. 10 & 51---Oil and Gas Development Corporation Pension and Gratuity Regulations, 1985, Reglns. 2(b) & 14---Re-fixation of pay---Determination of pension---Petitioner was employee in Oil and Gas Development Company Limited (OGDCL) who assailed Office Memorandum dated 01-08-2013 which withdrew grant of additional pay and advance increments given to him--- Plea raised by OGDCL was that petitioner was accused of mala fide in gaining such benefits--- Validity---No written order or a decision by Board or Managing Director, OGDCL existed recalling decisions/approvals regarding grant of advance increments to petitioner--- Pay of petitioner was re-fixed through Office Memorandum dated 01-08-2013 which was after his retirement--- Calculations in Office Memorandum in question omitted advance increments that were approved in favour of petitioner---OGDCL could not explain as to how grant of such advance increments was in violation of Oil and Gas Development Corporation Employees (Service) Regulations, 1994--- Board of OGDCL took a decision that petitioner was not involved in any manner in 'process of approval' of advance increments, it implied that advance increments (which OGDCL had not taken into account while calculating pension of petitioner and re-fixing his pay) were granted after due approval--- High Court declared non-consideration of increments approved in favour of petitioner while calculating pension was declared unlawful as with grant of increments, basic pay of an employee was enhanced--- High Court directed OGDCL to re-calculate pension of petitioner by taking into consideration advance increments that were granted to him after approval---Term emoluments was defined in Regln. 2(b) of Oil and Gas Development Corporation Pension and Gratuity Regulations, 1985 to include basic pay, special pay, technical pay and officiating pay received by an employee--- High Court set aside Office memorandum issued by OGDCL to the extent of non-inclusion of annual increments approved by…

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