Delhi High Court Pronounces Judgment in BSNL Pension Revision Case
The operative part of the Delhi High Court judgment is contained in paragraphs 269 to 273. It reads in substance as follows:
269. Rule 37A of the CCS (Pension) Rules provides a special statutory framework for DoT employees permanently absorbed in BSNL/MTNL. On absorption, they cease to be Government employees, come under the IDA pay pattern, and are governed by the rules applicable to the PSU. Therefore, they cannot claim the benefits of the Central Pay Commission recommendations.
270–272. The Court held that Rule 37A only assures the same formula for calculation of pension at the time of retirement, and does not confer any continuing right to claim future pension revisions under the 7th CPC. Neither Rule 37A nor the Office Memoranda relied upon by the respondents entitle combined service pensioners under the IDA regime to pension revision under the 7th CPC. Since the 3rd PRC has not been implemented, the question of consequential pension revision also does not arise.
273. For all the aforesaid reasons, the impugned order dated 20.09.2023 passed by the Central Administrative Tribunal is set aside. Accordingly, this batch of writ petitions stands allowed.
