Guidelines regarding Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits

Guidelines regarding Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits

Guidelines regarding Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits

BHARAT SANCHAR NIGAM LIMITED
[A Government of India Enterprise]
Corporate Office, Taxation Section

First Floor, Bharat Sanchar Bhawan
Janpath, NewDelhi-110 002

No.48-2 / 2021-Pen (B)

Dated: 18.02.2020

To

All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores /Telecom Factories & Other Administrative Offices, Bharat Sanchar Nigam Limited

Sub: Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits – Guidelines regarding.

Sir,

Of late, this Office has been receiving many Court Cases as well as letters from various Telecom Circles seeking guidelines for disposal of representations received from retired employees, regarding grant of national increment falling due on the next day of superannuation/ retirement etc. for the purpose of pensionary benefits.

2. . In this regard , I am directed to forward herewith DOP&T O.M . No. 19/2 /2018-Estt (Pay-I) dated 03/02/2021 , along with its enclosures, with regard to grant of notional increment for pensionary benefits in pursuance of the judgement dated 15/09/2017 of Hon ‘ble High Court of Madras in W. P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs. Union of India & Ors.

Read also |  Cabinet Decision : Mandatory Utilization of Network of BSNL and MTNL for internet/broadband landline/leased line by all Ministries /Departments of Govt of India /CPSEs/Autonomous Bodies etc, under Central Govt

3. DOP&T vide its aforesaid O.M has mentioned that the judgement date 15/09/2017 of Hon ‘ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P.Ayyamperumal Vs Union of India & Ors is in personam’ in nature. In this regard, a brief note reflecting the Government’s stand on the instant issue has been attached as Annexure-1.

Court cases regarding grant of one Notional Increment to employees who have completed one year of service as on their retirement on Superannuation falling on 30th June : Deptt. of Post order dated 01.01.2021

Grant of notional increment/re-fixation of pensionary benefits as per Hon’ble Madras High Court Order in WP No .15732/2017 in the case of Sh. P. Ayyamperumal -regarding

Grant of annual increment due on 1st July to the employees retiring on 30th June of the year : Railway Board guidelines

4 . Further, it has been mentioned that in a similar case, the Hon ‘ble Supreme Court, vide judgement dated 29/03/2019, while dismissing the SLP (C) Dy. No. 6468/2019 filed by DOT against the judgement dated 03/05/2017 of Hon ‘ble High Court, Lucknow Bench in W .P. No. 484 /2010 in the matter of UOI & Ors. Vs. Sakha Ram Tripathy & Ors., has inter alia, observed the following :

Read also |  Guidelines under BSNLMRS for smooth treatment of BSNL employees during Covid-19 pandemic

” There is delay of 566 day s in filing the special leave petition. We don’t see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open.”

5. Since the question of law on the instant issue is open and not yet decided, decision for implementation of the judgement dated 15/09/2017 of Hon ‘ble High Court of Madras in W .P. N o. 15732 of 2017 in Shri P. Ayyamperumal case, in rem has not been taken.

6. Accordingly, all the Telecom Circles/ Other Administrative Units/Cadre Controlling Units of BSNL Corporate Office are requested to dispose of the grievances/ representations received from various retired employees of BSNL in the light of the aforesaid guidelines issued by DOP&T. Further, where Court Cases have been filed by the retired employees in various Courts of Law, for grant of notional increment after retirement for pensionary benefits, it is, requested to defend these Courts cases in the above light and also to suitably incorporate the guidelines issued by DOP&T vide its O.M. dated 03/02/2021, while preparing the Counter Reply in such cases. Further , since the issue involves grant of pension and pensionary benefits, all the Telecome Circles/Administrative Units are requested to consult the concerned CCA Unit, while defending the Court Cases pertaining to their respective Circle/ Unit.

Read also |  Recovery of dues other than Government dues from the retirement benefits of BSNL VRS-2019 Scheme retired employees

This issue with the approval of the Competent Authority .

Yours faithfully,

Enclosures: As above .

(Sudhanshu Shekhar Ray)
Asstt. General Manager (Estt.)
Tele. No. 011-23766036

Copy to :-

  1. PPS to CMD, BSNL
  2. PS to Dir (HR)/Dir (F)/Dir (Ent.)/Dir (CPA)/Dir (CM), BSNL Board
  3. PGMs/Sr. GMs/GMs (Estt./Pers./BW/Elect/Arch/Civil), BSNL CO
  4. Guard File
  5. BSNL CO Intranet Portal

guidelines-regarding-grant-of-annual-increment-falling-due-on-the-next-day-of-superannuation-retirement

Source: BSNL

COMMENTS