ups_00098 — 1. Optees from OCS to newly created VSNL abolishing OCS are entitled to pension only if they have completed the requisite period of qualifying service 2. Erstwhile employees of OCS opt either to retain pensionary benefits under Government of India at the time of retirement or be governed by Rules of R-4. Only those employees are entitled to retain pensionary benefits if they in the first place at the relevant time have completed the requisite period of qualifying service

UPS

1. Optees from OCS to newly created VSNL abolishing OCS are entitled to pension only if they have completed the requisite period of qualifying service 2. Erstwhile employees of OCS opt either to retain pensionary benefits under Government of India at the time of retirement or be governed by Rules of R-4. Only those employees are entitled to retain pensionary benefits if they in the first place at the relevant time have completed the requisite period of qualifying service — The given chunk discusses a court case (C.A. No. 3149 of 2019) regarding pension entitlements for erstwhile employees of Overseas Communication Service (OCS), who were transferred en masse to Videsh ... — Facts: Appellants were the erstwhile employees of Overseas Communication Service (OCS), a Department of Government of India. It was converted into "Videsh Sanchar Nigam Ltd. (VSNL). All employees en masse to be transferred to R-4, VSNL (now known as Tata Communications Ltd.) where they worked on deputation from 1-4-19 to 1-1-1990. Office Memorandum, No. 4/18/87-P&PW (D), issued by Department of Pension and Pensioners' Welfare of Government of India governs the converted employees to VSNL. O.M. No. 4/18/87-P&PW (D), specifies the terms and conditions governing the pensionary benefits of employees who were transferred en masse to the Central Public Sector Undertaking. The OM for the transferees is reproduced. VSNL issued an OM Notice, dated 21-2-1990 to R-4, VSNL to its employees who were working in OCS earlier for their option under either to retain the pensionary benefits as per applicable Central Government rules in force or opt to be governed by the rules of Respondent-4, VSNL. R-4, VSNL vide Letter, dated 22-5-2003 and 29-6-2004 sought a clarification from R-3, Ministry of Communication and Information Technology (DoT). R-4, VSNL informed R-2, Department of Pension and Pensioners' Welfare who stated that the payment of pension to the Applicants would be settled in terms of Office Memorandum issued bringing the OCS employees under VSNL. On 27-6-2005, Applicants were informed by R-4, VSNL, that those coming under VSNL are entitled to receive benefits under Clause
(c) of OM, i.e. an amount equal to the Provident Fund contribution for their service period in PSU / Autonomous Body with 6% simple interest as opening balance in CPF account with PSU / Autonomous Body. Appellants made a representation before Respondents seeking for a declaration that their cases be governed by Clause
(b) and not Clause
(c) of the Memorandum as stated under Para. 2.2 of the judgment. Applicant filed a writ bearing No. 2704 of 2005 before Bombay High Court to treat the cases of the Applicants as being governed by Clause
(b) and not Clause
(c) of the OM. By this, they sought a direction to consider their cases as eligible for grant of pension by Government of India. The Bombay High Court dismissed the case filed by Applicants. Hence the Applicants filed this writ before Apex Court by way of SLP (C) No. 15862 of 2006 which is numbered as Civil Appeal No. 3059 of 2007. After hearing both sides, the Apex Court held:

UPS

1. Optees from OCS to newly created VSNL abolishing OCS are entitled to pension only if they have completed the requisite period of qualifying service 2. Erstwhile employees of OCS opt either to retain pensionary benefits under Government of India at the time of retirement or be governed by Rules of R-4. Only those employees are entitled to retain pensionary benefits if they in the first place at the relevant time have completed the requisite period of qualifying service — The given chunk discusses a court case (C.A. No. 3149 of 2019) regarding pension entitlements for erstwhile employees of Overseas Communication Service (OCS), who were transferred en masse to Videsh ... — Facts: Appellants were the erstwhile employees of Overseas Communication Service (OCS), a Department of Government of India. It was converted into "Videsh Sanchar Nigam Ltd. (VSNL). All employees en masse to be transferred to R-4, VSNL (now known as Tata Communications Ltd.) where they worked on deputation from 1-4-19 to 1-1-1990. Office Memorandum, No. 4/18/87-P&PW (D), issued by Department of Pension and Pensioners' Welfare of Government of India governs the converted employees to VSNL. O.M. No. 4/18/87-P&PW (D), specifies the terms and conditions governing the pensionary benefits of employees who were transferred en masse to the Central Public Sector Undertaking. The OM for the transferees is reproduced. VSNL issued an OM Notice, dated 21-2-1990 to R-4, VSNL to its employees who were working in OCS earlier for their option under either to retain the pensionary benefits as per applicable Central Government rules in force or opt to be governed by the rules of Respondent-4, VSNL. R-4, VSNL vide Letter, dated 22-5-2003 and 29-6-2004 sought a clarification from R-3, Ministry of Communication and Information Technology (DoT). R-4, VSNL informed R-2, Department of Pension and Pensioners' Welfare who stated that the payment of pension to the Applicants would be settled in terms of Office Memorandum issued bringing the OCS employees under VSNL. On 27-6-2005, Applicants were informed by R-4, VSNL, that those coming under VSNL are entitled to receive benefits under Clause
(c) of OM, i.e. an amount equal to the Provident Fund contribution for their service period in PSU / Autonomous Body with 6% simple interest as opening balance in CPF account with PSU / Autonomous Body. Appellants made a representation before Respondents seeking for a declaration that their cases be governed by Clause
(b) and not Clause
(c) of the Memorandum as stated under Para. 2.2 of the judgment. Applicant filed a writ bearing No. 2704 of 2005 before Bombay High Court to treat the cases of the Applicants as being governed by Clause
(b) and not Clause
(c) of the OM. By this, they sought a direction to consider their cases as eligible for grant of pension by Government of India. The Bombay High Court dismissed the case filed by Applicants. Hence the Applicants filed this writ before Apex Court by way of SLP (C) No. 15862 of 2006 which is numbered as Civil Appeal No. 3059 of 2007. After hearing both sides, the Apex Court held:

Original Rule Text

Original Rule Text