dofp2024_00805 — Applicant sought for quashing of impugned Order, dated 28-1-2019 and direction to the Respondents to grant pensioner benefits and settle the pension case

Applicant sought for quashing of impugned Order, dated 28-1-2019 and direction to the Respondents to grant pensioner benefits and settle the pension case — This chunk is a part of a court order in the case O.A. No. 040/00106 of 2019, which involves an applicant who was initially hired as a casual laborer in 1981, regularized in 1993, and terminated in 2... — Facts: Applicant was initially engaged as casual mazdoor in the Department of Telecom in 1981. In 1989, he was conferred with Temporary Status Mazdoor (TSM) and regularized in service since 1-4-1993. By Order, dated 10-1-2000, the Applicant got promoted and worked in the Group – 'C' post till 1-8-2018. Upon regularization, service book was opened for the Applicant, entering his date of birth as 30-3-1960. However, subsequently it was discovered with reference to his educational certificate that his date of birth should have been recorded as 30-3-1957 instead of 30-3-1960. Consequently, he was terminated from service retrospectively, vide Order No. E-52/Superannuation/Non-Executive/2018-19/143, dated 29-9-2018. He was also directed to repay an amount of ₹ 8,39,305 vide Order, No. QH-103/PF/2018/20, dated 28-1-2019 on account of overpaid pay and allowances. Aggrieved by the same, the OA has been filed. Respondents filed written statement stating that there has been dereliction of duty and lapses on the part of a few officers of BSNL, however, it would not absolve the Applicant from the liability on his part. Therefore, BSNL has contemplated initiating necessary action against such erring officers keeping in view that the public money to the tune of ₹ 8,39,305 may not be allowed to be drained out in such manner.