Withholding of due pension by DOT
A K Gupta
(Querist) 11 December 2017
This query is : Resolved
Pension of BSNL Pensioners drawing pension under CCS pension rule 1972 was revised merging 78.2% IDA from 1-1-2007 notionally and actually from 10-6-13. Thus due pension arrears of 76 months which is their property as per Supreme Court is denied by DOT GOI. Total number of such Pensioners is 1.3 lakh. Whether this case can be taken up by Pensioners Association (Registered but not Recognized) directly to Supreme Court. Or it has to be moved to Principal Bench CAT. Can the case be taken up on representative capacity for all Pensioners or the individual Pensioners have to be the applicant.
A K Gupta
(Querist) 11 December 2017
Kindly advise
P. Venu
(Expert) 12 December 2017
Yes, the matter could be taken up collectively either in the CAT or the Supreme Court.
Guest
(Expert) 12 December 2017
Information is quite insufficient to arrive at some purposeful opinion.
If Hon. Supreme Court has already ordered for payment of enhanced pension, there should be no reason to deny that. Question arises, what is the decision of the BSNL Board on the issue of enhancement of pension and on what specific ground the DOT has refused implementation of Supreme Court order?
Can you send me copies of the Board decision, Supreme Court judgment and the DOT order refusing to implement any such order for payment of enhanced pension to BSNL retirees?
Guest
(Expert) 12 December 2017
An element of uncertainty loom large in the advice of Mr. P.Venu, where stated "CAT or the Supreme Court." Question arises whether CAT or the Supreme Court or both have the jurisdiction. But, in my views CAT does not have any authority to make review of the orders of the Supreme Court, if any exists any, as that has been mentioned by the querist.
Guest
(Expert) 12 December 2017
@ Mr. A K Gupta,
In the absence of the history of the case, any query has no relevance. It is just like hitting in the dark or expecting the experts to provide guess based solution of any problem having no head or tail.
However, I endorse the views of Mr. Dhingra.
R.Ramachandran
(Expert) 13 December 2017
Mr. A.K. Gupta, an aggrieved person can approach CAT either singly or collectively with others who are similarly aggrieved.
Approaching the Supreme Court or High Court directly is not advisable as it will not be entertained.
Kumar Doab
(Expert) 13 December 2017
The draft of query indicates Supreme Court has not delivered any order in the case of affected pensioners as in the query.
You may confirm!
Dr J C Vashista
(Expert) 16 December 2017
Are you sure CAT has the jurisdiction for your case ?
