This is an original petition by BSNL appealing a CAT order directing payment of minimum pension to a retired employee found ineligible due to short service. The court upheld the CAT order, ruling that Rule 88 of the CCS Pension Rules allows relaxation of service rigors to prevent injustice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 OP (CAT).No. 1552 of 2011(Z) ---------------------------AGAINST ORDER IN OA.479/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
.................... PETITIONERS
BY ADV. SRI.SAJI VARGHESE, SC, BSNL
RESPONDENT(S): --------------1. GOWRIKUTTY AMMA, D/O LATE GOPALAN NAIR, RETD. TELECOM MECHANIC, RESIDING AT 'UTHRAM', ANAYADI P.O., SOORNAD NORTH, KOLLAM, PIN - 690 522.
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CAT) NO.1552/2011
APPENDIX
PETITIONER'S EXHIBITS
P1 : COPY OF O.A.NO.479/2009 FILED BY R1 BEFORE THE CAT, ERNAKULAM DATED 09/07/2009.
P4 : COPY OF OFFICE MEMORANDUM NO.12011/1/85-ESTT DATED 10/03/1986 ALONG WITH A MEMO DATED 08/12 SUBMITTED BY R1.
P5 : COPY OF ADDITIONAL REPLY STATEMENT DATED 15/12/2010 FILED BY THE PETITIONERS.
P6 : COPY OF ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL IN O.A.NO.479/2009 DATED 27/01/2011.
//TRUE COPY//
PA TO JUDGE.
jg
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
.................................................................... OP(CAT) No.1552 of 2011
.................................................................... Dated this the 27th day of July, 2011.
J U D G M E N T
Ramachandran Nair, J.
This OP(CAT) is filed by the BSNL challenging the order issued by the CAT directing payment of minimum pension to the 1st respondent.
for the BSNL and learned counsel appearing for the 1st respondent.
2
OP(CAT) No.1552/2011
temporary service of 20 months, 50% of which was counted for pension. While the minimum service for eligibility for pension is 10 years, the 1st respondent had only 9 years and 8 months' service and consequently, she was found ineligible for minimum pension. In the petition filed before the CAT, the 1st respondent relied on Ext.P4 order issued by the Government, which provides for counting of 50% service as a contingent employee also for the purpose of pension. The 1st respondent's counsel submitted that the 1st respondent's service from August, 1993 to August, 1994 was as full time contingent and if 50% i.e. 6 months is reckoned she will have more than 10 years service entitling her for pension.
3
OP(CAT) No.1552/2011
engaged in two Telephone Exchanges on shift basis itself indicates that her employment was required by the BSNL in the Telephone Exchanges. In any case, we do not find there is any necessity for us to consider the applicability of Ext.P4 to the 1st respondent because Rule 88 confers powers on the Government to relax the rigor of the Pension Rules to prevent injustice to anybody. This is a case where a lady who has been working in the BSNL in various capacities from 1981 to 2005 is declined pension for shortage of service by 4 months. In our view, what the Tribunal has done i.e. directing the petitioners to give pension, could be justified under Rule 88 of the CCS Pension Rules.
Consequently, this OP(CAT) fails and is accordingly dismissed.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(P.S.GOPINATHAN, JUDGE)
jg
The words “ie. directing the petitioners to give pension,”
OP(CAT) No.1552/2011
4
occurring in the last sentence of paragraph 4 of the judgment dated 27.7.2011 in O.P.(C.A.T.) No.1552/2011 are struck off as per order dated 10.12.2012 in R.P. No.973/2012 in O.P. (C.A.T.)No.1552/2011.
Sd/Registrar (Judicial)
2 issues framed by the court
Whether Rule 88 of the CCS Pension Rules empowers the Government to relax the minimum service requirement to prevent injustice in an individual case.
Whether the High Court appeal against the CAT order directing payment of pension succeeds.
1 provisions across 1 enactments
BHARATH SANCHAR NIGAM LTD.
GOWRIKUTTY AMMA
C.N.RAMACHANDRAN NAIR
P.S.GOPINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
