“REVIEW PETITION”, [ in respect of its SLP dismissed, earlier alongwith with that of DOT] filed on 8.11.2023 by BSNL, before the Supreme Court of India, regarding our 78.2% DA FITMENT….matter in which both DOT & BSNL is facing Contempt of Court before the CAT Chandigarh CCT. Bench at Shimla (HP) since 2005, HAS BEEN DISMISSED on 18.12.2024.

With this, the Original Application (O.A./1192/2017 in Chandigarh CAT) for issuance of direction to the respondents (BSNL) to release them arrears of pay and allowances w.e.f. 1.1.2007 till their retirement and revised consequential retiral dues like DCRG, commuted vale of pension and leave encashment etc. along with interest @ 12% from 10.6.2013 to March, 2017(date of filing of OA)  for delay caused in release of necessary benefits comes to an end. Although the court did not say specifically whether it is in personam or in rem, the judgment is surely applicable in REM for similarly situated employees.

 (1) release arrears of pay and allowances till retirement and

(2) on retirement, revise the pension as per LPD and grant consequential retiral dues like DCRG, commuted vale of pension and leave encashment etc. Which means, pensioners would get arrears of DCRG, Commuted value of pension (which is of no use, since commuted portion has to be anyhow returned), leave encashment etc.,

A reading of the judgment in the OA O.A./1192/2017 shows that the CAT Chandigarh has NOT given any relief for the first part but has agreed to the second part.