w w w . L a w y e r S e r v i c e s . i n



All India BSNL Penioners Welfare Association (Regd.No.T.1833/09), Rep. by its Circle Secretary, Tamil Nadu Circle & Others v/s Union of India, Ministry of Communications, Rep. by its Secretary, Sanchar Bhavan, New Delhi & Others


Company & Directors' Information:- T P COMMUNICATIONS LIMITED [Active] CIN = U22211UP1995PLC019014

Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300

Company & Directors' Information:- A AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC056539

Company & Directors' Information:- S P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U45100WB1997PTC085372

Company & Directors' Information:- L-3 COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U31909KA1999PTC025302

Company & Directors' Information:- B P INDIA LIMITED [Amalgamated] CIN = U51209MH1978PLC020456

Company & Directors' Information:- P U COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070141

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- J. P. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U51395UP1998PTC024022

Company & Directors' Information:- S R COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106970

Company & Directors' Information:- M G COMMUNICATIONS PRIVATE LTD [Converted to LLP] CIN = U74899DL1986PTC023568

Company & Directors' Information:- SANCHAR COMMUNICATIONS PVT. LTD. [Strike Off] CIN = U99999DL2001PTC110853

Company & Directors' Information:- S N COMMUNICATIONS PRIVATE LIMITED [Converted to LLP] CIN = U72900DL2002PTC118175

Company & Directors' Information:- B E COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204WB2007PTC117516

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- S A COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204MH2020PTC343477

Company & Directors' Information:- N AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92112MH1996PTC102814

Company & Directors' Information:- E 6 COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024856

Company & Directors' Information:- B N B COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U30009DL1996PTC081267

Company & Directors' Information:- VERSUS COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300WB2005PTC103033

Company & Directors' Information:- A P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U94201DL2001PTC112095

Company & Directors' Information:- N V COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135640

Company & Directors' Information:- N C COMMUNICATIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72500DL1996PTC075119

Company & Directors' Information:- S AND S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32102KA1991PTC012068

Company & Directors' Information:- U AND I COMMUNICATIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900PN2012PTC144206

Company & Directors' Information:- N & D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74900TN2003PTC050717

Company & Directors' Information:- R C COMMUNICATIONS PVT LTD [Strike Off] CIN = U93090OR2006PTC008788

Company & Directors' Information:- G AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2006PTC146926

Company & Directors' Information:- D S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64202DL2005PTC142556

Company & Directors' Information:- O. T. S. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U93000MH2007PTC169128

Company & Directors' Information:- R K D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64200MH2011PTC217962

Company & Directors' Information:- N S S COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72200TG2010PTC071384

Company & Directors' Information:- D T N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64203TN1982PTC009325

Company & Directors' Information:- B R I O COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U22300DL2012PTC242469

Company & Directors' Information:- K AND I COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2005PTC140331

Company & Directors' Information:- M M M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32204DL2007PTC164017

Company & Directors' Information:- D W W COMMUNICATIONS PRIVATE LIMTIED [Strike Off] CIN = U64200DL2007PTC169339

Company & Directors' Information:- K 2 COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300KA2007PTC042842

Company & Directors' Information:- K. R. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999GJ2016PTC093336

Company & Directors' Information:- A. N. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74130DL2020PTC372569

Company & Directors' Information:- V R COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U74999PN2021PTC202406

Company & Directors' Information:- U F O COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92100DL1997PTC087625

Company & Directors' Information:- K & K COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TN1995PTC030627

Company & Directors' Information:- Z AND N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TZ1996PTC007333

    O.A./310/01269 of 2017

    Decided On, 08 August 2017

    At, Central Administrative Tribunal Madras Bench

    By, THE HONOURABLE MR. R. RAMANUJAM
    By, ADMINISTRATIVE MEMBER

    For the Applicants: Balan Haridas, Advocate. For the Respondents: R1 to R4, K. Rajendran, R5, Veluswamy, Advocates.



Judgment Text

Oral Order:

1. Applicant has filed this O.A. seeking the following reliefs:-

'i) to quash the order of the 2nd respondent dated 07.03.2017 bearing No. 40-16/2012-(Pent) and the consequential order of the 3rd Respondent dated Nil.06.2017 bearing No. Dot/CCA/TN/CCA/TN/Pen Rev/50% CVP and

ii) Consequently direct the respondents to continue to retain the extra increment given to the members of the 1st Applicant Association, whose names are given in the Annexure 15 to the application and continue to pay the pension on that basis.'

2. The 1st applicant is Association of BSNL Pensioners Welfare Association. The 2nd and 3rd Applicants are members of the 1st Applicant Association, who worked in BSNL and retired. The facts of the case as submitted are that they initially worked in Telecommunication Department and their services were absorbed in BSNL by protecting their pension for the services rendered with the Government of India and BSNL. It is stated as per the promotion policy in vogue at the relevant time, 10% of Grade III officials were promoted to Grade IV on the basis of cadre seniority. In the event of not getting promotion to Grade IV, the employees were given one extra increment one year before their retirement and the same is also taken into account for pension. This one increment has been in vogue from 01.06.2003 and now the same is sought to be withdrawn. This will result not only in reduction of pension but also will result in recovery. Hence the applicants filed the instant O.A. seeking the aforesaid reliefs.

3. Heard. Learned counsel for the applicants submits that the applicants were aggrieved by order dated 07.3.2017 (Annexure -A/11), by which the method of calculation of commuted value of pension was clarified in respect of BSNL IDA scale post- 2007 pensioners. It is stated therein that 'extra increment granted (only in cases where OTBP/BCR schemes were available) to the non-executives stand withdrawn from 23.3.2010'. The applicants made a representation dated 07.06.2017(Annexure A/12) through their Association against the proposed withdrawal of the extra increment granted to the non executives.

4. Learned counsel for the applicants submits that applicants would be satisfied if the respondents are directed to dispose of the representation of the applicants within a specified time limit. It is also further prayed that no recovery may be made from their pension in the meantime.

5. Mr.K.Rajendran, Learned Senior Standing Counsel for the respondents 1 to 4 submits that applicants have no loco stand to challenge the inter-departmental communication and his objection may be recorded accordingly.

6. Mr. Velu Swamy, Learned standing counsel for respondent No.5 opposes the interim prayer of the applicants stating that impugned order was passed on 7.3.2017 and it is possible that the recovery might already have started by this time.

7. After carefully considering the facts of the case, I deem it appropriate to direct the respondents to consider the representation of the applicants dated 07.06.17, Annexure-A/12 and pass a reasoned and speak

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ing order within a period of two months from the date of receipt of copy of this order. In the meantime, no reduction in pension and recovery may be made in terms of the impugned order dated 07.3.2017 (Annexure-A/11), in case it has already not been acted upon. 8. The O.A. is disposed of accordingly. There shall be no order as to costs.
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