Terminal benefits
Pinakin
(Querist) 08 February 2013
This query is : Resolved
My self pinakin s parmar. i joined as Junior telecom officer (jto) in Department of telecom (DOT), central govt. in 1996. in 2000, DOT is converted into BSNL, Govt. PSU. I had opted to serve in BSNL. In 2006, I had applied for Gujarat state PSC exam with prior permission of BSNL. I had cleared the Exam and selected for the post of Deputy Superintendent of police on Govt. of gujarat in 2011. I applied for technical resignation in BSNL and it was accepted by BSNL under 26(2),CCS Pension rule, 1972. But i wanted to have terminal benifits from BSNL, instead of counting my past service of BSNL in my new Service in Govt. of Gujarat. Hence i applied for my terminal benefits in BSNL. I got GPF accounts balance and leave encashment.My pension papers were administatively approved by BSNL and sumbitted to CCA Department to release my pension. since last 2 years, i am not getting any pension. I inquired to CCA office but they told , it is yr technical resignation , so u are not allowed to have pension from BSNL. yr service will be counted in Govt. of Gujarat and u will get pension there. But Govt. of Gujarat clarify that, PSU service will not be counted and PAY protection also will not be settled. inspite of my total eligible service of 14 years, 5 monthas and 20 days of BSNL,I am not getting Pension. In sixth pay commission, eligibility criteria for pension is 10 years. I request u to study my followoi data and guide me to get my terminal benifits from BSNL.
1) service in BSNL : 14 years, 5 months, 20 days.
2)got GPF and leave enchashment from BSNL
3)graduety, Pension not settled from BSNL
4) I dont want to count my past service to new service.
( I already gave undertaking on 100RS stamp for that)
Please guide me, how to get my pension and graduety?
Sudhir Kumar, Advocate
(Expert) 09 February 2013
It is a case of trasnfer of pension contibution to new employer which would have been more beneficial to you.
you have only read rule 26(2) as under :-
(2) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.
This rule does not say that the pension shall be paid by the past deptt.
Raj Kumar Makkad
(Expert) 09 February 2013
As State of Gujarat has clearly denied to include your past service and even BSNL has already cleared and paid your other benefits than pension and gratuity so this is the fit case wherein you are entitled to serve a legal notice against BSNL and then go to high court and file writ petition thereto to release your these vital benefits at the earliest with interest.
