Court Order : Payment of Pension to Employees Retired from the DOT: BSNL

Delhi High Court Order : Payment of pension to employees who retired from the DOT between 1st October, 2000 and 31st July, 2001 : BSNL

Court Order : Payment of Pension to Employees Retired from the DOT: BSNL



Reserved on: 8th January, 2020
Decided on: 24th January, 2020

W.P.(C) 10019/2017 and CM APPL. 40921/2017 (stay)

UNION OF INDIA & ORS ….. ………………………………………………………….Petitioners

Through: Ms. Mrinalini Sen with Ms. Kritika
Gupta, Advocates.


ASSOCIATION AND ORS ………………………………………………………….. Respondents

Through: Mr. Ranvir Singh, Advocate for R1.

Mr. Naresh Kaushik with Ms. Vibhuti Tyagi and Mr.Tapasvi Raj, Advocates for R4, R9, R10 and R12.


Dr. S. Muralidhar, J.


1. The Department of Telecommunications (DOT), Government of India, (Petitioner No.1), the Bharat Sanchar Nigam Limited (BSNL) through its Chairman-cum-Managing Director (Petitioner No.2) and the Department of Pension & Pensioners Welfare („DPPW‟), Ministry of Personnel Public Grievances & Pensions (Petitioner No.3) have jointly filed this petition challenging an order dated 16th December, 2016 of the Central Administrative Tribunal, Principal Bench, New Delhi („CAT‟) disposing of OA No. 2173/2014 filed by the Respondent No.1 and Respondents No. 4 to 14 thereby quashing an order dated 15th January, 2003 issued by the DOT in regard to payment of pension to employees who retired from the DOT between 1st October, 2000 and 31st July, 2001 and were subsequently absorbed in the BSNL. OA No. 2173/2014 was filed before the CAT by the All India BSNL Pensioners Welfare Association (hereafter Association) (Respondent No.1 herein) on behalf of 4230 affected pensioners in a representative capacity.

2. By the impugned order, the CAT has held that there was no justification for the DOT to deny the benefit to the Respondents 2 to 14 the benefit of formula adopted in Office Memorandum (OM) dated 18th October, 1999. The CAT has issued a direction to the Petitioners to re-fix the pension of the said Respondents; give them notional benefit of the IDA pay scale and thereafter grant all consequential benefits from the date of their respective dates of retirement in accordance with law.

3. It must be noted at the outset that on 23rd January, 2018 an interim order was passed that no coercive steps will be taken against the Petitioners for implementing the impugned order of the CAT.
READ  MACP wef 01 Jan 2006 | Supreme Court Order not applicable to civilian employees: DoPT’s clarification
4. The facts in brief are that on creation of the BSNL with effect from 1st October, 2000 all serving Group „A‟ officers were transferred to it on deputation basis. An OM dated 27th October, 1997 was issued by the DPPW on the issue of implementation of the recommendations of the 5th Central Pay Commission („CPC‟) regarding revision of the provisions regulating pension/commutation of pension. This provided that pension shall continue to be calculated at 50% of average emoluments in all cases subject to a minimum of Rs.1275/- and maximum upto 50% of the highest pay in the Government.

5. The OM dated 27th October, 1997 further provided that those Government servants who opted for revised scales of pay and retired within ten months from coming into force of the revised scales of pay, basic pay for ten months preceding retirement shall be calculated as under:

“(i) For the period during which pay is drawn in the pre-revised scale-

Basic pay plus DA and Interim Relief I and II appropriate to the basic pay at the rates in force on 01.01.1996 drawn during the relevant period and

(ii) For the period during which pay is drawn in revised scale-Basic pay in the revised scale.”

6. The above OM was further revised by an OM dated 17th December, 1998 specifying that pension shall not be less than 50% of the minimum pay in the revised pay scale.

7. Another OM dated 18th October, 1999 was issued by the DPPW modifying the earlier OM dated 27th October, 1997. This stated that the average emoluments for those retiring within ten months of coming over to the revised pay scales would be calculated thus:
“The average emoluments based on the basic pay of the preceding ten months of those Government Servants who had opted to come over to the revised scales of pay and had retired within a period of 10 months reckoned from January 1, 1996 shall be calculated as follows for the purpose of determining their pension entitlement.
(A) For the period during which pay was drawn in the pre- revised pay scales.
READ  Right to Free Speech, Attending Political Rally, Social Media Posting etc. is a fundamental right of a Govt Employee: Tripura HC [Read Judgment]
The total emoluments for the number of months for which pay was drawn in the pre-revised pay scales shall be calculated after taking into account the following:

i. Basic Pay (including increments if any drawn during the intervening period).

ii. Dearness allowance upto CPI 1510 i.e. @ 148%, III% and 96% of the basic pay as the case may be.

iii. The first and second installments of Interim Relief appropriate to the Basic pay drawn during the relevant period.

iv. Notional increase of the Basic Pay by applying the Fitment Benefit of 40 percent on the Basic pay in the pre-revised pay scale.

(B) For the period during which pay was drawn in the revised pay scales:

The aggregate of the Basic pay for the number of months for which pay was drawn in the revised pay scales.

The average emoluments of the preceding ten months will thereafter be calculated by adding (A) and (B) and dividing the result by 10. Pension admissible will consequently be 50% of the average emoluments so calculated.”

8. According to the Petitioners, the object behind this modification was to eliminate the anomaly in pension drawn by those retiring within ten months of coming over to the revised pay scale during the period from 1st January to 31st October, 1996 and those who retired after completion of ten months period with effect from 1st January,1996.

9. Prior to en masse transfer of DOT employees to the BSNL on deemed deputation basis with effect from 1st October 2000, several rounds of discussions were held with the unions. It was agreed to extend the retirement benefits in the BSNL in accordance with the CCS (Pension) Rules, 1972. This led to insertion of Rule 37A in the CCS (Pension) Rules which came to be published on 30th September, 2000. It provided for the conditions for payment of pension and absorption upon conversion of a Government Department into a Central Autonomous Body („CAB‟) or a Public Sector Undertaking (PSU).

10. The relevant portion of the newly inserted Rule 37A of the CCS (Pension) Rules read as under:
READ  Payment of salary, Allowance, Annual Increments, Seniority, Promotion etc. not barred by limitation
“(4) The permanent absorption of the Government servants as employees of the Public Sector Undertaking or Autonomous Body shall take effect from the date on which their options are accepted by the Government and on and from the date of such acceptance, such employees shall cease to be Government servants and they shall be deemed to have retired from Government service.
(7) The employees including quasi-permanent and temporary employees but excluding causal labourers, who opt for permanent absorption in the Public Sector Undertaking or Autonomous Body, shall on and from date of Absorption, be governed by the rules and regulations or bye-laws of the Public Sector Undertaking or Autonomous Body, as the case may be.

(8) A permanent Government servant who has been absorbed as an employee of a Public Sector Undertaking or Autonomous Body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the Public Sector Undertaking or Autonomous Body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the Public Sector Undertaking or Autonomous Body, as the case may be.

(9) The pension of an employee under sub-rule (8) shall be calculated on the basis of his last ten months average pay.

(10) In addition to pension or family pension, as the case may be the employees shall also be eligible to Dearness relief as per Industrial Dearness Allowance pattern.

(21) Nothing contained in sub-rule (12) to (20) shall apply in the case of conversion of the Departments of Telecom Services and Telecom Operations into Bharat Sanchar Nigam Limited in which case the pensioner benefits including family pension shall be paid by the government.

(22) For the purpose of payment of pensionary benefits including family pension referred to in sub-rule (21), the Government shall specify the arrangements and manner including the rate of pensionary contributions to be made by Bharat Sanchar Nigam Limited to the government and the manner in which financial liabilities on this account shall be met.”………………………………… Read More

Source:  Click here to view/download the PDF

Go to:



'Aaykar Setu' mobile app,1,3rd cpc,1,4th cpc,1,5th cpc,15,6th cpc,21,7th CPC,538,7th CPC Arrears,5,7th CPC Arrers,8,7th CPC Bunching of Stages,5,7th CPC Hindi News,20,7th CPC News,78,7th Pay Commission,297,Aadhaar,31,aai employee,1,Aarogya Setu,1,accommodation,4,acpin,1,ad-hoc bonus,9,ad-hoc staff,2,additional hra,4,admission,2,admit card,1,advance,6,advance salary,3,age limit,1,AGEY,1,aicpin,29,aigdsu news,6,AIIMS,3,ailtc railways,8,aipr,5,Air Force,14,Air Force pay Rules 2017,2,Air India,12,air india ltc 80 fare,15,Air Travel,21,Aircel,1,airf,29,Airlines,1,Airtel,4,alcohol policy,1,all india,5,Allowances,167,Amazon Ofers,1,Andhra Pradesh,1,Andhra Pradesh govt employee,1,anomaly committee,2,aoc,1,apar,18,app download,1,Apple iPhone,3,Army Pay Rules 2017,3,Assam,4,Assistant Jobs,1,Bank,55,bank da,8,bank holidays,1,Bank Policies,21,banknotes,1,Benevolent Fund,1,Bihar,9,Bihar 7th CPC,3,bihar govt employee,2,Bollywood,4,bombay high court,1,bonous,2,bonus,20,bpms letter,1,BPSC,1,breakdown allowance,3,Breaking News,139,BRICS,1,Briefcase allowance,1,Bsnl,37,BSNLMRS Hospitals,2,budget,8,Business,84,ca exam pattern,1,Cabinet News,44,cadre restructuring,7,cadre review,27,CAG Report,3,canteen allowance,1,capf,2,CAPO News,4,Career,56,career progression,1,casual labour,10,casual leave,6,cat Judgement,9,cat order,8,CBDT,35,CBEC,5,cbic,5,CBSE,20,ccs master circular,3,ccs pension rules,10,ccs rules,34,ccsrp rule,4,cda rules,3,cga om,5,cgda,55,cgegis table,10,cgewho,1,CGHS,169,cghs agartala,1,cghs ahmedabad,3,cghs allahabad,1,cghs bengaluru,4,cghs bhopal,4,cghs bhubaneswar,1,cghs chandigarh,1,Cghs Chennai,2,cghs dbanbad,2,cghs dehradun,1,cghs delhi,10,cghs dibrugarh,1,cghs gandhinagar,1,cghs guwahati,1,cghs hyderabad,2,cghs indore,1,cghs jabalpur,1,cghs jaipur,1,cghs Jalpaiguri,1,cghs kanpur,2,cghs karnataka,1,cghs kerala,1,cghs kolkata,1,cghs lucknow,1,cghs meerut,3,cghs mumbai,2,cghs nagpur,2,cghs patna,2,cghs pune,1,cghs ranchi,6,cghs shillong,2,cghs Siliguri,1,cghs trivandrum,2,cghs uttrakhand,1,cghs vadodara,2,cghs Varanasi,1,chandigarh,1,chhattisgarh,1,child care leave,7,children education allowance,9,China,1,cisf,1,Civil Accounts Organisation,1,Classification of Posts,3,come & play scheme,1,Commutation of Pension,3,compassionate ground appointment,15,Compensation Policy,5,Compensatory Allowance,1,Compensatory Leave,1,composite allowance,1,condiment allowance,3,Condiment expenditure,3,confedration,2,consatant attendance allowance,1,contract labour,15,contractual employees,3,Conveyance Allowance,4,Coronavirus,72,covid,71,cpao order,34,cpf,2,cpgrams,5,cpiiw,22,cpmf,1,cpse,88,cpse employees,25,cpse guidelines,29,cpse pay revision,2,cpse pension,7,CPSEs Pay,20,cpwd om,1,Cricket,4,cris,3,CRPF,1,CS(MA) Rules,6,CSBC,1,csd,7,csd price list,5,css,3,ctse,1,ctse hospitals lists,1,ctse hospitals mumbai,1,Current Affairs,308,cvc circular,3,d el ed,1,dad,6,daily officiating allowance,4,dearness allowances,81,dearness relief,39,Defence,423,Defence Civilian Employees,104,Delhi,3,delhi govt employee,2,delhi high court,13,dental doctor,2,departmental guest house,3,dept of post order,166,deputation,6,deputation allowance,5,desw,2,desw order,7,digilocker,1,diksha,2,disability pension,12,dlc,2,dma,2,Doctor Jobs,16,doe order,67,doea order,1,doppw order,28,DoPT Order,289,dot order,20,Download MedWatch App,1,Download MyMSME App,1,Download MyMSME App Celebrating Yoga,1,Download NEW ITR FORM,2,Download Swachh Bharat App,1,dpe om,47,dress allowance,14,dress code,1,dst om,1,EC,1,echs,60,ecil,1,edp cadre,1,EDUACTION,79,Education,11,Education Recruitment Rules,1,educational qualification,8,Egineer Jobs,1,Election,5,Election Commission,5,Employment,6,EMS Air India,1,Entertainment,2,entry pay,2,EPFO,44,ESIC,6,eview committee for nps,1,EVM,1,ews reservation,4,ex-gratia,4,Ex-Servicemen,16,exam,8,exempt from tax,7,expected da,32,extra work allowance,3,Extraordinary Pension,1,Facebook,8,fact jobs,1,Family Pension,119,FAQ,7,Featured,79,festival advance,2,festivals,1,FIFA,1,File ITR,70,Fin Min Orders,136,Finance,12,fitment table,3,Fixed Medical Allowance,13,Flipkart,2,Food Safety Amendment Regulations,1,Football,3,Forest Guard,1,forms,7,FREQUENTLY ASKED QUESTIONS ON GST,1,Games,12,Ganes,2,gazette notification,43,gazetted holidays,8,gdce,6,gdce instructions,6,gds,34,gds arrears,9,gds da,12,gds employees news,48,gds pay,16,gds report,19,gem portal,2,gfr,11,GOI News,572,Goods and Services Tax,50,Goods and Services Tex,1,Google,10,government of karnataka,1,Govt Jobs,14,govt of assam,2,govt of assam pensioner,1,govt of assam staff,1,govt of chhattisgarh,1,Govt Project,338,Govt Staff News,1297,Govt Yojna,325,gpf interest rate,7,GPF Rules,17,GPRA,8,Grade pay of mts,1,Grade pay of OT Assistant,1,Grade pay of SO,1,gratuity,14,greetings,1,group A,1,group B,3,group C,4,Group D,2,Gst,62,GST Rates Finder app,1,hafa allowance,1,Hardship Allowance,1,Haryana Govt Employees,5,Haryana Govt order,5,Haryana Govt Pensioners,2,hba rules,9,Health,28,High Court Judgement,20,high court order,17,hill area allowance,1,holiday,17,holiday list,26,Hollywood,2,homes.,1,honorarium,2,hostel subsidy,1,hp high court judgement,1,hpca,2,hr allowances,1,hra,15,HRA Allowances,39,iase jobs,1,iba,9,iba dr,4,ibps,2,icsil,1,ida cpse,24,income tax,100,independence day,1,India,3,India Post,61,Indian Airforce,60,Indian Army,84,Indian Navy,74,indian railway,18,IOCL Jobs,1,IRCTC,9,irms,3,irtsa,2,Island Special Duty Allowance,2,ISRO,1,it circular,1,iti ltd,1,ITR,74,j&k govt employees,4,j&k govt pensioners,1,Japan,1,Jharkhand,3,Jio News,8,jkssb,1,jnv,8,Jobs,56,jobs in orissa,1,Jobs News,151,karnataka,1,KC Committee report,5,kerala,4,Kerala Govt Employees,4,Kerala Govt Pensioners,2,kerala high court,1,Kolkata,1,KVS,72,kvs pension,6,labour Bureau,14,larsgess scheme,3,Latest,997,LDC,1,ldce,21,leave rules,17,lic pay,2,life certificate,6,life time arrear,1,List of Posts,1,Lok Sabha,194,LTC,67,ltc 80 air fare,19,Ltd Company Jobs,2,mAadhaar App,2,macp,70,macps,1,madhya pradesh high court,1,madras high court order,2,Make in India,2,Market,1,Maruti Suzuki Dzire,1,maternity benefit act,2,maternity leave,8,Medical advance,1,medical card,16,Medical claims,16,Meghalaya Govt Employees,1,merger of posts,3,MERIT app,1,mes,3,MGNREGA,3,mha,15,mhfw order,18,mhrd order,10,Microsoft,1,Microsoft News,1,minimum pension,2,minimum wages,24,MoAFW Chief Chemist,1,mod order,47,mohfw order,40,monetary allowance,3,moped advance,1,MP,1,msp,2,mtnl,4,Multi Tasking Staff,1,Municipal Corporation,1,mutual transfer,3,NABARD,2,nac meeting,1,Namami Gange,5,National,705,Navy pay Regulations 2017,2,ncjcm,88,nda,2,ndmc,1,ndrf,2,New Delhi,3,new TRCA matrix,8,nfir,83,NGT,1,night duty allowance,3,nomenclature,1,Non-functional Upgradation,4,Northeast Frontier Railway,1,northern railway,1,Notification,1,notional increment on retirement,12,npci,1,nps,91,nps updates,59,ntpc,1,nursing allowance,2,nursing perssonsel,4,NVS,17,odisha,3,odisha govt employees,1,odisha govt pensioner,1,operation theater allowance,2,ops,6,ordnance factory,3,orop,23,overtime allowance,11,paid holiday,5,PAN,7,paramilitary force,1,pass rules,14,Passports,1,patna high court judgement,1,pay commission,1,pay fixation,49,Pay Matrix Table for aicteTeachers,2,pay revision,10,pay rules,8,pay scale,2,pay slip,1,pbor,3,pcda circular,75,pco allowance,2,pda lists,3,pdca circular,9,Pension,283,Pension Adalat,6,Pension Adalat Application Form,4,Pension faq,22,Pension revision,26,pensionary benefits,11,Pensioner,239,Pensioner associations,3,Pensioner Portal,13,pfrda,19,pgportal,3,PGT TGT FCSA,1,phed,1,pl bonous,15,pl bonus,3,PM Modi,27,PMAY,5,pmjay,1,PMUY,1,PMVVY,1,pobr,1,Policies,649,Politics,38,post graduate allowance,1,post office,23,post-2016 pensioner,2,prcp in railway,6,pre-2006 pensioner,2,pre-2016 pensioner,6,President,2,Project Allowance,2,Promotions,47,Promotions policy,48,provident fund,4,provisional pension,2,puducherry,1,Railway,650,Railway Fare,1,Railway Recruitment,36,railway servants pass rules,5,rajasthan govt employees,5,rajasthan govt pensioners,3,rajbhasha,4,Rajya Sabha,53,Rashtriya Swasthya Bima Yojana,1,ration money allowance,2,RBI,12,re-enengagement,2,Real Madrid,1,Recruitment,42,recruitment rules,62,relhs,3,remote area allowance,1,remuneration,3,RERA Act,1,reservation,7,reservation criteria,29,Reservation In Promotion,2,reservation in teacher cadre,2,rest rules,1,restricted holidays,8,Result,6,retention of railway accommodation,2,retired saffs,27,retirement age,12,retirement benefits,8,Retirement Road Map,3,Retirement Yojna,1,review committee for nps,6,revised pay,38,revised pay matrix table,12,revised pension,4,revised vda,15,rilways,2,risk and hardship allowance,12,Rotation money allowance,1,Rotational transfer,3,rrb ahmedabad,1,rrb ajmer,1,rrb allahabad,1,rrb bangalore,1,rrb bhopal,1,rrb bhubaneshwar,1,rrb bilaspur,1,rrb chandigarh,1,rrb chennai,1,rrb gorakhpur,1,rrb guwahati,1,rrb jammu,1,rrb kolkata,1,rrb malda,1,rrb mumbai,1,rrb muzaffarpur,1,rrb patna,1,rrb ranchi,1,rrb secunderabad,1,rrb siliguri,1,rrb thiruvananthapuram,1,RS (RP) Rules,2,rsrp rules,5,Rules,2,running allowance,5,running staff,8,RUSA,1,s,1,SAARTHI App,1,Salary wages pension,1,SAMPANN,1,sas exam,2,SBI,12,SBI Rules,7,Scheme,1,scholarship,4,Science,17,Scientist,1,scova meeting,6,settlement form,1,Settlement of PLI/RPLI,1,SEVA App,1,Seventh Central Pay Commission,152,SKILL INDIA Mission,1,small saving scheme,20,sparrow,2,special allowance,8,special family pension,4,Special Festival Package,1,Special LC Gate allowance,1,Sports,18,Sports activities,5,ssc jobs,3,ssc jos,1,status of PPOs,9,storekeeping staff,1,strike,17,study allowance,1,study leave,1,Sukanya Samriddhi Account,3,Supreme Court,31,Supreme Court Judgement,29,Survey,1,syllabus,11,syndicate bank,1,Tarang Sanchar,1,Tatkal Reservation Scheme,1,Tax,31,tcs deduction,1,tds deduction,50,teacher jobs,12,Tech,34,technical allowances,1,Telangana,3,telangana govt employees,2,telangana govt pensioner,1,Telangana High Court,1,Telcome,2,Telcome News,8,timely disposal of applications,2,TN Govt Employees,5,TN Govt Pensioners,3,tnusrb recruitment,1,Trade,1,trade unions,1,TRAI,1,training allowance,4,Transfer policy,46,transport allowance,10,Travelling Allowance,27,treasury allowance,1,Trending Now,131,trip allowance,1,tripura govt employees,2,tripura govt pensioner,1,tripura high court judgement,1,Trump,1,uan,1,Uber,1,ugc,1,uidai,3,UJALA Scheme,1,uniform allowance,2,UP CM Yogi Adityanath,2,UP Govt Employees,1,upgradation of pay,8,upgradation of post,1,UPPCL,1,Upper Caste reservation,9,uppsc,1,UPSC Jobs,10,USA,2,Uttar Pradesh,3,vacant posts,3,vrs,13,WB Govt Employees,1,Weather,2,West Bengal,5,west bengal govt employees,3,west bengal govt pensioners,1,Whatsapp,2,Windows 10 OS,1,World,62,World Press Freedom Day,1,You Tube,2,
Govt Employee News Updates, Rules, O.M, Notification: Court Order : Payment of Pension to Employees Retired from the DOT: BSNL
Court Order : Payment of Pension to Employees Retired from the DOT: BSNL
Delhi High Court Order : Payment of pension to employees who retired from the DOT between 1st October, 2000 and 31st July, 2001 : BSNL
Govt Employee News Updates, Rules, O.M, Notification
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content