All India Retired Bharat Sanchar Nigam Limited Executives' Welfare Association

UP East Circle

State HQ : A-963/12, Indira Nagar, Lucknow, Uttar Pradesh

AIRBSNLEWA UP(E) Circle recommends all members to wear masks in public.
Maintain social distancing.
Stay safe. Stay healthy.
AIRBSNLEWA UP(E) Circle recommends all members to wear masks in public.
Maintain social distancing.
Stay safe. Stay healthy.

Status of court cases

updated on 18 March, 2021

18.03.2021 Status of court cases-O.A 1271/2020-

**Retired Telecom Officers’ Welfare Association vs. UOI & Ors.:The captioned matters were listed today as Item No. 9 & 10 at 02.30 PM before the Hon’ble Member Ms. Aradhana Johri through virtual hearing at the Central Administrative Tribunal, Principal Bench, New Delhi.

Ms Gauri Puri Our Advocate appeared on the behalf of the Applicants. Mr. Manjeet Singh Reen appeared for the Respondents No. 1, 3 & 4 and Mr. Mohd. Faizal appeared for the MTNL i.e. Respondent No. 2. Ms Gauri Puri Our Advocate apprised the Hon’ble Tribunal that the Rejoinder has been filed to the Counter Affidavit of Respondent no. 1,3 & 4. Counsel for the Respondent affirmed service of the same. Counsel for the Respondent No. 2 (MTNL) sought some time to file the Counter Affidavit. On this, the Hon’ble Tribunal gives two weeks time to the Respondent No. 2 to file Reply and 2 weeks time thereafter to the Applicants to file their Rejoinder. Accordingly, the matter stands adjourned to 18.05.2021.

Ms Gauri Puri Our Advocate appeared on the behalf of the Applicants. Mr. R. K Sharma appeared for the Respondents No. 1, 3 & 4. Mr. R V Sinha appeared for the Respondent No.2 (BSNL).

Mr. R.V Sinha apprised the Hon’ble Tribunal that MA No. 76/2021 was filed for deletion of name of BSNL from the O.A as BSNL may be a proper party but not a necessary party since no relief has been sought against them.

On this, Ms Gauri Puri Our Advocate apprised the Hon’ble Tribunal that the Reply to the M.A has been filed along with the objections and submitted that the BSNL is a proper party in the proceedings as all the Applicants were have retired from BSNL and further presence of BSNL is necessary for proper adjudication of the subject matter. Further, Ms Gauri Puri Our Advocate submitted that the DOT has denied the revision of pension on the ground that the same cannot be done as the Pay has not been revised by the BSNL. Further, Ms Gauri Puri Our Advocate submitted that as per Rule 37 of CCS Pension Rules, 1972, BSNL has been paying pension contributions to the DOT. Ms Gauri Puri Our Advocate also placed reliance on a Judgment of the Hon’ble Supreme Court wherein the Hon’ble Court held that a proper party against whom no relief is sought may be necessary for effective adjudication to determine the real controversy in the matter. Ms Gauri Puri Our Advocate submitted that while prayer is sought against DOT for revision of pension, the stand taken by DOPW which is yet to be examined by DOT is that no pay revision has taken place so far in BSNL and therefore, pension cannot be revised. Ms Gauri Puri Our Advocate submitted that in the event the Tribunal holds this to be correct, then necessarily BSNL will have to be present to determine the controversy as to why pay revision has not been done so far. Moreover, the pension if fixed will be on the last pay drawn for which BSNL’s presence is essential. After hearing the parties, the Hon’ble Member directed the parties to file copies of the Judgments they sought to rely upon and adjourned the matter for hearing on 18.05.2021.**