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.