Denial of Pension Revision to Govt pensioners retired from BSNL

5 years ago

We were recruited by DOT , GOI and subsequently on formation of BSNL absorbed there from 2000. The written commitment was that after retirement Govt scheme of pension will be available to us on our combined services in DOT and BSNL. Accordingly after our retirement we are getting our pension as per CCS Pension Rules 1972. Our pension was last revised on 2017 following the pay revision of BSNL employees. But now after 10 years when our pension revision is due from 2017, govt is denying it on the ground that pay revision of BSNL employees this time is not permissible as per affordibility clause of 3rd PRC. As there is no pay revision to BSNL employees there will be no pension revision for pensioners retired from BSNL. We are getting pension from Govt fund and in no way related to profit and loss of BSNL, how our pension revision can be denied. We are now 2 lakhs in number and very soon total such pensioners will be 4 lakhs. Can we file the case in supreme court directly.

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Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client, The Karnataka High Court recently ruled that pension is not a bounty, charity or a gratuitous payment but an indefeasible right of every employee. The Bombay High Court stated that pension is a fundamental right to livelihood under Article 21. Further, Article 41 of our Constitution puts a responsibility upon the government to make arrangements for public assistance in case of old age, sickness, disablement etc. Last year, on 4 November 2022, the Supreme Court of India passed a landmark judgment that upholds the right of certain categories of employees to opt for higher pensions by contributing to the Employees' Pension Scheme (EPS) on higher/ uncapped salaries. From the contents of the query, it transpires that the nature of grievance is now not limited to an individual but it becomes a grievance of mass that infringes the fundamental rights to livelihood under Article 21 of the Constitution and requires to be addressed by filing a PIL suit or an appeal under Article 226 of the Constitution before the High Court or even directly before the Supreme Court to protect the interest of pensioners. But, before approaching the highest Courts of the Country for desired relief, as per Section 80 of the Civil Procedure Code (CPC), 1908, it is mandatory to give two months notice/mass petition before filling a case/suit against the government or public officer claiming relief in the matter to access the urgent and immediate relief in the matter from the Apex Court.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You may approach the High Court or Service Tribunal as the case may be.
For full procedure contact me on mobile through Vidhikarya.
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https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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Shreyash Mohta

Responded 5 years ago

A.Sir, do have a talk with the authorities of BSNL by way of letters and seek the reply. Also, filing a case in supreme court will not be a proper solution to this.
You can also take help from the local unions.
As we know that there was a nation wide protest for the same it is in the eyes of plenty and also BSNL knows about it very well. Disputes like this should be solved amicably in not in haste.
Thanks
Shreyash Mohta

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Amit Gupta

Replied 5 years ago

What BSNL will do. Our pension is paid by GoI from CFI. BSNL has no role in our pension or pension revision. I am sorry you have not correctly followed our case.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Sir,
Best option for you would be to get in touch with BSNL as they are probably doing something in this regard as they had a nation wide strike.This is a long pending issue and will take time.Actually this between the UNION and BSNL Authorities. This can be sorted out at that level.
Shanti Ranjan Behera
Advocate

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