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Judgment
J.N. Bhatt, J.—In this group of three petitions, common questions are involved, questioning the viability of the Scheme formulated by the
ONGCL. Subsequently, a Writ Petition, being Special Civil Application No. 1718 of 1996, came to be filed by one Mr. K.C. Harikumar,
challenging the viability of the scheme before the Bombay High Court. Pursuant to the direction of the Bombay High Court, the operation of the
Scheme was stayed, except in certain cases. Under the directions of the Bombay High Court, Actuaries were appointed to suggest changes in the
Scheme so as to make the Scheme viable.
Thereafter, on 03-02-1998, pursuant to the Memorandum of Understanding (""MoU"") entered into between the petitioners, the Association of
Scientific and Technical Officers (""ASTO""), the Management of ONGCL and others for making the scheme viable. In view of the MoU, the
Bombay High Court (Coram: M.B.Shah, C.J. and A.Y. Sakhere, J.) permitted the withdrawal of the petition on 29-04-1998. Later on, PRBS
Circular No. 40 dated 18-06-1998, as per the MoU, was issued by the Trust. The Scheme, therefore, became viable as per the Actuaries Report
and as agreed between the ASTO, the Management of ONGCL and others.
Relying on the aforesaid aspects and facts, Mr. Mehta, learned Barrister, submits that all the three petitions in this group have become
infructuous long before. Mr. Padiwal, learned Advocate, also, died several years back and subsequently, no appearance of Advocate on behalf of
the petitioners has been filed.
It is in this factual situation, the petitions, which are more than a decade old, will not now assume any further survival value, as rightly submitted
by Mr. Mehta, learned Barrister, for the ONGCL. However, in case some person or somebody on behalf of the original petitioners is interested, it
will be upon for him / her to approach this Court for further orders or directions.
In the result, Rule shall stand discharged in all the three petitions without any order as to costs. Interim Relief, if any, shall stand vacated.