Implementation of Judgment of Hon. PB CAT ND
We apprised Member (Services) in detail about the recent Judgment of Hon. PB CAT ND, even though he was fully conversant with it. We particularly emphasised the argument that was consistently advanced by DOT that by virtue of Sub Rule 4 of Rule 37( A), BSNL / MTNL absorbees cease to be Central Govt. Employees is outrightly rejected by the PB CAT ND since the Bench observed that Provisons of Rule 37( A) have to be read and considered in it’s totality and not in isolation. Besides we apprised him of the reference made by PB CAT ND that consequent upon absorption of DOT employees in BSNL/ MTNL, Govt. gave a concrete and categorical assurance to them that their interests shall be fully safeguarded and that they would be treated at par with Central Govt. Employees and Pensioners in all respects. This concrete decision of the Govt. cannot be overlooked, the Bench observed.
We further reiterated that Bench categorically stated that the Respondents could not place anything before the Bench to substantiate their argument that BSNL/ MTNL Pensioners are not eligible for Pension Revision in accordance to the recommendations of the 7th CPC.
A number of other critical issues envisaged in the Judgment were discussed in a very objective manner.
However, Member (Services), on his part, mentioned that Judgment stipulates that parity of Pension of BSNL / MTNL has to be brought about with Central Government Pensioners but it does not specify in which scale, whether on IDA or CDA.
We effectively countered this argument of Member (Services) on the basis of the fact that since our OA is based on extending 7th CPC fitment on IDA scales and that the OA has been allowed by the Bench in totality, thus the question of whether fitment has to be given on IDA or CDA scales does not arise at all. The very fact that our OA has been allowed in it’s totality, there is absolutely no ambiguity that 7th CPC fitment has to be extended on IDA scales only.
After further discussion, Member (Services) stated that he will take final call on whether to implement the Judgment or go in for an appeal based on legal advice. However, he assured that wherever he finds scope to implement the Judgment without going in for an appeal, he will surely take a very positive view.
