25 Jan 2020

Pension Anomaly Case - Delhi High Court

The Delhi High Court has dismissed the appeals submitted by Department of Telecom and Department of Pension & Pensioners Welfare etc. in the Pension Anomaly case originally filed by our Association. 8 Weeks times is given to the DoT to implement the order of CAT, Principal Bench dated 16th December 2016.

High Court judgement dated 24-1-2020 is given here: 
Please click on this link to see the judgement:  Delhi HC Order
BSNL was formed on 1-10-2000. Three lakhs employees were enmasse absorbed in BSNL. About 4300 of them retired from service on superannuation between October 2000 and July 2001. They could not complete ten months' service in BSNL. Their pension was fixed at 50% of ten months average pay as per the extant rules. A portion of those 10 months fell in CDA pattern and another portion in IDA pattern of pay scales. This fixation created a serious anomaly. Those 4300 people got less pension than their juniors and their seniors as well. This matter was discussed by service unions for many years. No result.

Then, our Association took up the matter with DoT authorities. We submitted concreted proposals, based on precedence, to solve the problem. But, the adamant officers in DoT were not willing to listen.

Finally our Association filed and a case before CAT Principal bench in 2014. 13 Pensioners including Late Com. Chiddu Singh, Com. R L Kapoor of Delhi, Com. G R Dharmarajan of Madurai, Com. R Ranganathan of Chennai, Com V Ramachandran of Tirur etc. were individual petitioners in the Case. On 16th December 2016, CAT ordered that the anomaly should be removed by DoT. The method too was specified.

But Officers in DOT were not ready to settle the anomaly. They delayed the matter. Then we filed a Contempt of Court case. To avoid contempt, the Departments filed appeals in High Court of Delhi. Now, the High Court has dismissed the Appeals from Departments.

Good number of affected pensioners have already left this earth. Those living are 79 years or 80 years old.

WE hope that the Honourable minister for communications, Shri Ravi Shankr Prasad, a legal luminary himself , and the Honourable Prime Minister Shri Narendra Modiji will not drag the old people to Supreme Court by filing unwanted Appeal. The CAT order should be implemented immediately. All consequential benefits should be granted to the affected pensioners alive and to the family pensioners of those who departed.

AIBSNLPWA has not collected a single paisa from any pensioner for this protracted legal fight. Original Case, Contempt of Court petition, Appeal in the High Court. On the other hand, members of our Legal Committee had spent lot of their time and energy to prepare the papers, running in hundreds of pages. We express our deep appreciation and thanks to late Com. Chhidu Singh, Com. D Gopalakrishnan, Com. R L Kapoor and Com. R H Mitkary for the efforts made.

There are about 100 such affected pensioners in Andhra Circle. All the DS of our circle are requested to find out the pensioners who retired during the said period and inform them all.  CONGRATULATIONS TO ALL.