AIBSNLPWA TN CIRCLE

 

        ON COMMUTATION CASE 

Comrades P S Ramankutty (Advisor), P Gangadhara Rao (Vice President) and V Vara Prasad (GS) met in Bangalore during the special CEC meeting of Karnataka Circle on 21st October 2024. On the occasion they reviewed further developments with regard to the Commutation case. Following points were noted:

1. Our Patiala CWC adopted a resolution on the issue. Same will appear in next issue of Pensioners’ Patrika. We demand a general order honouring various judgements and also taking into consideration the 5th CPC report and Judicial Commission recommendation. We have given clear justification for reducing the recovery period from 15 years to 12 years.

2. State Government of Punjab follows central government pattern in the matter and hence the recovery period is 180 months for its pensioners. Whereas, some other state governments like Kerala, Odisha, Gujarat etc. have different rules.

3. Hon’ble High Court of Punjab & Haryana has given interim orders in number of cases to stop recovery after 128 months. The cases are still pending and naturally a general order can be expected only after the final decision is given by the HC. It may take some more time.

4. CAT Chandigarh has ordered to stop recovery after 135 months in a case filed by two BSNL retirees. It has been honoured by CCA Haryana.

5. CAT Allahabad too has given order to reduce recovery period in another case filed by one BSNL retiree. CAT Chennai too has given similar orders. As such, the BSNL retirees are covered by the said Court orders. At the same time, DoT may delay a decision as different benches of CAT have suggested different recovery period. Moreover, the DoP&PW has not yet taken any final decision in the matter.

6. All the VRS (BSNL) optees will be benefitted by the decision of the Court. They will complete ten years of repayment in 2030 or later on. Out of the one lakh and odd beneficiaries among the BSNL Retirees large number is our members. Therefore, there is sufficient cause for filing a case by our Association. But it is a laborious job to file a case involving all the affected members.

7. The case has to be filed in PB, CAT only for pan-India application.

8. PB, CAT has also pronounced a judgement for reducing the recovery period in O.A. No. 2307/2024. Similarly, the Armed Forces Tribunal also gave a favourable judgement. But the Government filed an appeal before Delhi HC and the Division Bench granted a stay in W.P(C) 12781/2024 & CM APPL.53286/2024 on 11/09/2024. The case is postponed to 3/12/2024. So, let us wait for the final outcome of the said case in Delhi HC.

9. Hence, it is felt that, instead of rushing to the Court with a WP, we should first assess the number of beneficiaries. Hence, our Units should collect data of members to be benefitted by the legal action. This work should be completed as early as possible. Once the data is available CHQ can review the situation again.

10. The Staff Side in JCM (NC) has taken up the matter as a common case. It is prudent to wait for the outcome of efforts being made by Staff Side and the cases pending in different courts also.