ups_00050 — Compassionate ground appointees approved by DoT before the formation of BSNL and subsequently absorbed by BSNL are entitled to benefits under Old Pension Scheme

Compassionate ground appointees approved by DoT before the formation of BSNL and subsequently absorbed by BSNL are entitled to benefits under Old Pension Scheme — This chunk is from an Original Application (O.A.) No. 040/00404 of 2016, which concerns a compassionate appointment made in BSNL (Bharat Sanchar Nigam Limited) to the applicant, following her father'... — Facts: After the demise of her father, the request of the Applicant for compassionate appointment was considered by the High Power Committee of CGMT of Assam Circle and was approved against Grade 'C' post in the year 1999. Subsequently, by Order, dated 3-1-2000, approval for creation of 39 supernumery posts in Grade 'C' to accommodate candidates approved by the High Power Committee. In pursuance of the said order, the Applicant underwent pre-appointment practical and theoretical training from 24-7-2000 to 22-9-2000 and on successful completion of training, by Order, dated 23-10-2000, the Applicant was appointed in the cadre of TOA (Genl.), Grade-I in the Office of the General Manager, BSNL, Silchar. Subsequently, by Presidential Order, dated 7-1-2002, the Applicant was permanently absorbed in BSNL with effect from 1-10-2000 in accordance with Rule 37-A read with Rule 54(13-B) of CCS (Pension) Rules, 1972. In the meantime, as a matter of New Telecom Policy, 1999, the Government of India had decided to incorporate a new Company under the name and style as "Bharat Sanchar Nigam Limited" and to transfer all the assets and liabilities including the existing staff and management of the erstwhile Department of Telecommunications except some policy matter with effect from 1-10-2000. Consequently, the Respondents agreed to the Employees' Union/Federations and approved certain proposals including the option of staff for absorption in BSNL and changeover to IDA pay scales. It was also agreed by the BSNL and the Employees' Federations that the BSNL will absorb the employees, who opt on as is - where is basis, meaning thereby that all the existing employees including the Applicant in the same condition and position without any modification. The Applicant also exercised her option for permanent absorption in BSNL and accordingly, Presidential orders were issued on 7-1-2002 whereby the Applicant was permanently absorbed in BSNL with effect from 1-10-2000. The Respondents issued the impugned Order, dated 4-5-2007 through which it was conveyed that in respect of appointment on compassionate grounds, where appointment order was issued after 30-9-2000 by BSNL, such appointee should be treated as BSNL cadre only. Aggrieved by the said order, the Applicant has filed the present O.A. The Applicant retired on superannuation on 31-7-2016. The Applicant contended that while Group 'D' posts were directly appointed without any training but due to laches on the part of the Respondents, Applicant along with others was appointed subsequently. The Counsel for the Applicant further submitted that by BSNL, Corporate Accounts Section Office Order, dated 16-1-2003, it had been clarified that the persons who are/will be appointed by BSNL on Compassionate Ground on or after 1-10-2000 as nominees of the employees of DOT/DTS/DTO who died in harness up to 30-9-2000 will come under General Provident Scheme and not under EPF/CPF Scheme. However, without withdrawing the said Order and disobeying the Presidential Order, the impugned Order, dated 4-5-2007 (Annexure-14) was issued by the ADG/SR-I) BSNL CO. The Counsel for the Applicant further relied upon the common Order, dated 22-1-2010 passed by the Central Administrative Tribunal, Chandigarh Bench in T.A. No. 35-PB of 2009 (C-W-P. No. 18202 of 2008) (Raj Kumar and another v. Union of India and others); T.A. No. 37-PB-2009 (CWP No. 17041 of 2008) (Bajinder Singh and others v. Union of India and others) and T.A. No. 38-PB-2009 (CWP No. 18253 of 2008) (Subhash Chander and another v. Union of India and others) filed by similarly situated persons wherein the Hon'ble Tribunal directed the Respondents to restore the benefit of GPF Scheme to the Applicants therein. The Counsel for the Applicant further submitted that aggrieved with the above Order, Respondents approached the Hon'ble High Court of Punjab and Haryana at Chandigarh by filing CWC No. 14802 of 2010, which was dismissed vide Order, dated 19-8-2010. Respondents assailed the said Order of the Hon'ble High Court of Punjab and Haryana at Chandigarh, dated 19-8-2010 before the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 35048 of 2010, which was pending before the Hon'ble Apex Court at the time of filing the instant petition. Thereafter, Civil Appeal Nos. 1972 and 1973 of 2012 preferred by the BSNL was dismissed by the Hon'ble Apex Court vide Order, dated 26-7-2023. A similar issue came up before this Tribunal in O.A. No. 31 of 2009 (Nivedita Pathak and others v. Union of India and others) which was allowed on 30-4-2010 with directions to the Respondents to extend the benefit of the aforesaid judgment to the Applicant who was similarly placed. The Respondents contended that as per the clarification issued by BSNL on 4-5-2007, options from Compassionate Ground Appointees will not be called for where the appointment order was issued after 30-9-2000 and this was followed by subsequent Order, dated 21-6-2007 as well as 28-6-2007.