Annual increment next day of superannuation
BHARAT SANCHAR NIGAM LIMITED
[A Government of India
Enterprise]
Corporate Office, Taxation Section
First Floor, Bharat Sanchar Bhawan
Janpath, NewDelhi-110 002
Dated:
18.02.2020
No.48-2 / 2021-Pen (B)
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.
3. DOP&T vide its aforesaid O.M has mentioned that the judgment
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 is in
personal in nature. In this regard, a brief note reflecting the
Government’s stand on the instant issue has been attached as Annexure-1.
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 :
” 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, the decision for implementation of the judgment dated
15/09/2017 of Hon’ble High Court of Madras in W .P. No. 15732 of 2017 in
Shri P. Ayyamperumal case, in rem has not been taken.
Court
cases for granting 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
5. 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 it’s 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 Telecom
Circles/Administrative Units are requested to consult the concerned CCA
Unit, while defending the Court Cases pertaining to their respective
Circle/ Unit.
This issue with the approval of the Competent Authority .
Enclosures: As above .
Yours faithfully,
(Sudhanshu Shekhar Ray)
Asstt. General Manager (Estt)
