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

Annual increment next day of superannuation

BSNL

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)