Disposed
N.D.Gopi v. Bharat Sanchar Nigm Limited
Kerala HCOP (CAT)/72/2016
Case brief
from the order text
What is this about?
Nos. 79/2015 & 72/2016 -:1:- IN THE HIGH…
What the court decided
AI extract
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.
OP(CAT) Nos. 79/2015 & 72/2016
-:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
AGAINST THE ORDER/JUDGMENT DATED 17.09.2014 IN OA NO.800 OF
2013 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
1 M.L.GEORGE, AGED 61 YEARS AGED 61 YEARS, RETIRED TELECOM MACHANIC, O/O. SDE EXTERNAL, BSNL, NARAKKAL, MANGATT HOUSE, 13/409 A, KARTHEDAM CHURCH ROAD, MALIPURAM P.O.-682511.2 P.C. WILLIAMS SO. LATE P.E.CHEEKU, AGED 61 YEARS, RETIRED TELECOM MECHANIC, CSR EXCHANGE, BSNL, KOCHI, PUNNASSERY HOUSE, SREEKRISHNA TEMPLE ROAD, EDAYAKUNNAM, SOUTH CHITTOOR P.O., KOCHI- 682027.3 K.V.HARIDASAN SO. LATE K.K.VELAYUDHAN, AGED 61 YEARS, RETIRED TELECOM MECHANIC, O/O.AE EXTERNAL, BSNL, TELEPHONE EXCHANGE, VYTTILA, KALATHUMPURATHU HOUSE, AKG ROAD, THYKOODAM, VYTTILA P.O., KOCHI-682019. BY ADV R.SREERAJOP(CAT) Nos. 79/2015 & 72/2016
-:2:-
RESPONDENT/S:
1 BHARAT SANCHAR NIGAM LTD, REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR, SANCHAR BHAVAN, NEW DELHI- 110001.2 THE CHIEF GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LTD., KERALA CIRCLE, TRIVANDRUM-695001.3 THE PRINCIPAL GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LTD, ERNAKULAM SSA, ERNAKULAM682016.4 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF COMMUNICATIONS, NEW DELHI- 110001.5 THE ACCOUNTS OFFICER (ESTT), O/O. THE PRINCIPAL GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., ERNAKULAM- 682016.6 THE CONTROLLER OF COMMUNICATION ACCOUNTS, DOOR SANCHAR BHAVAN, THIRUVANANTHAPURAM-695001. BY ADV SRI.T.SANJAY, SC, BSNLTHIS OP (CAT) HAVING BEEN FINALLY HEARD ON 4/3/2024,
ALONG WITH OP (CAT).72/2016, THE COURT ON 2/4/2024 DELIVERED
THE FOLLOWING:
OP(CAT) Nos. 79/2015 & 72/2016
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
OP (CAT) NO. 72 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 17.09.2014 IN OA NO.458 OF
2013 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
1N.D.GOPI
TELECOM MECHANIC (RETIRED), O/O.SUB DIVISIONAL
ENGINEER, TELEPHONE EXCHANGE, RAVIPURAM, KOCHI - 682
016, RESIDING AT 'NANGAPILLIL THUNDIYIL' HOUSE,
THYCOODAM, VYTTILA PO,KOCHI - 682 019. *ADDITIONAL
PETITIONERS 2 TO 4 ARE IMPLEADED.
2ADDL.P2:LATHIKA.V.K,
AGED 66 YEARS
AGED 66 YEARS,W/O.LATE N.D.GOPI,RESIDING AT
'NANGAPILLIL THUNDIYI'L HOUSE,THYCOODAM,VYTTILA
P.O..KOCHI-682019.
3 ADDL.P3:MEERA G., AGED 36 YEARS,D/O.LATE N.D.GOPI, RESIDING AT NANGAPILLIL HUNDIYIL HOUSE,THYCOODAM,VYTTILA P.O.,KOCHI-682019.OP(CAT) Nos. 79/2015 & 72/2016
-:4:-
4ADDL.P4:MEENU G.,
AGED 29 YEARS,D/O.LATE N.D.GOPI, RESIDING AT
NANGAPILLIL HUNDIYIL HOUSE,THYCOODAM,VYTTILA
P.O.,KOCHI-682019. *ADDITIONAL PETITIONERS 2 TO 4
ARE IMPLEADED AS PER ORDER DATED 17/3/21 IN IA
NO.1/2020 IN OP (CAT) 2016.
BY ADV R.SREERAJ
RESPONDENT/S:
1 BHARAT SANCHAR NIGM LIMITEDREPRESENTED BY ITS CHAIRMAN CUM MANAGING
DIRECTOR,SANCHAR BHAVAN, NEW DELHI - 110 001.
2 CHIEF GENERAL MANAGERTELECOM, BHARAT SANCHAR NIGAM LTD, KERALA CIRCLE,
TRIVANDRUM - 695 001.
3 PRINCIPAL GENERAL MANAGER TELECOMMUNICATION, BHARAT SANCHAR NIGAM LTD, ERNAKULAM SSA ERNAKULAM - 682 016.4 UNION OF INDIAREPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF COMMUNICATIONS, NEW DELHI -110 001.5 THE ACCOUNTS OFFICER ESTTOFFICE OF THE PRINCIPAL GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD, ERNAKULAM - 682 016.6 THE CONTROLLER OF COMMUNICATION ACCOUNTS DOOR SANCHAR BHAVAN, THIRUVANANTHAPURAM - 695 001. BY ADV SRI.P.J.PHILIP,SC,BSNL(BHARAT SANCHAR NTHIS OP (CAT) HAVING BEEN FINALLY HEARD ON 4/3/2024,
ALONG WITH OP (CAT).79/2015, THE COURT 2/4/2024 DELIVERED THE
FOLLOWING:
OP(CAT) Nos. 79/2015 & 72/2016
-:5:-
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
------------------------------------------------
O.P.(CAT).Nos.79/2015 and 72/2016
------------------------------------------------
Dated this the 2nd day of April, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
These matters pertain to recovery consequent upon
refixation of pay. The petitioners were the applicants before
the Tribunal. They were originally working in the Department of
Telecom and they were absorbed in BSNL with effect from
1/10/2000. The original pay fixation was based on Biennial Cadre
Review (BCR). Accordingly, promotion was given based on BCR on
1/7/2000. The petitioner in O.P (CAT) 72/2016 joined the
OP(CAT) Nos. 79/2015 & 72/2016
-:6:-
department of telecom as lineman in the year 1974 and on
completion of 26 years of service he was granted Grade III under
BCR scheme w.e.f. 01.07.2000. All the other petitioners were
promoted as Lineman on 1/7/2000 and all of them opted for
fixation of pay from the date of their next increment in lower
scale of pay as provided in FR-22. The petitioners in
O.P.(CAT).No.79/2015 retired on the following dates:
First applicant: Shri M.L.George : 28/2/2013
Second applicant: Shri P.C.Williams: 31/10/2012
Third applicant: Shri K.V.Haridas : 30/11/2012
The issue that has arisen in this case:
2. Method of fixation of pay has undergone a change which
has to be regulated in accordance with the regulations of BSNL.
The pay has to be refixed in accordance with the regulation
issued in the year 2008 and, therefore, the option exercised by
the petitioners is in no way based on FR-22. Admittedly, the
fixation of pay was not rectified based on Office Memorandum
(OM) issued in the year 2006. This was attempted to be rectified
only when their pension papers were processed.
OP(CAT) Nos. 79/2015 & 72/2016
-:7:-
The attempt made by the petitioners.
3. An attempt was made by the petitioners to ensure that
all officers and staff were transferred along with their posts on existing terms and conditions. The Tribunal found that there is no such condition existing. We may not need to interfere in this matter in as much as that the fixation of pay was logically following the Office Memorandum governing the matter. However, according to us the recovery effected from pension papers will have to be interfered with. The Apex Court in State of Punjab v Rafiq Masih [ AIR 2015 SC 696], issued guidelines regarding recovery. The recovery according to us is unsustainable in the light of clause 2 of Rafiq Masih’s case ( supra ) guidelines as the recovery was effected within one year before they were due to retire. Therefore, we order that the recovered amount be released to the petitioners. However, pension and all other benefits will be in accordance with the refixed pay. The recovered amount shall be released within 2 months.
OP(CAT) Nos. 79/2015 & 72/2016
-:8:-
The original petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
ms
OP(CAT) Nos. 79/2015 & 72/2016
-:9:-
APPENDIX OF OP (CAT) 72/2016
PETITIONER ANNEXUANNEXURE A1 |
RESTRUE COPY OF THENO.ESTT/EQ/35370 |
REVISED PAY FIXATION MEMO08/44 DATED 5.1.2013 |
|---|---|---|
ANNEXURE A2 |
TRUE COPY OF THE250/4(a)/SSA/II/ |
ORDER NO.ST/EK-62 DATED 5.4.2001 |
ANNEXURE A3 |
TRUE COPY OF THE250/4(a)/SSA/II/ |
ORDER NO.ST/EK-46 DATED 3.10.2001 |
ANNEXURE A4 |
TRUE COPY OF THE16.10.2001 |
PAY FIXATION MEMO DATED |
ANNEXURE A5 |
TRUE COPY OF THE/2000-RESTG DATE |
OFFICE MEMORANDUM NO.2-29D 30.9.2000 |
ANNEXURE A6 |
TRUE COPY OF THEDATED 7.8.2002 |
LETTER NO.1-35/ESTT-2002 |
ANNEXURE A7 |
TRUE COPY OF THE17.12.2008 |
OM NO.I-I(I)06-PAT DATED |
ANNEXURE A8 |
TRUE COPY OF THE27.9.2012 |
CIRCULAR NO.32 DATED |
ANNEXURE A9 |
TRUE COPY OF THE12.9.2006 |
OM NO.I-I(I)/06-PAT DATED |
ANNEXURE A 10 |
TRUE COPY OF THE21.1.2013 SUBMIT |
REPRESENTATION DATEDTED BY THE APPLICANT |
EXHIBIT P1 |
TRUE COPY OF THE17.9.2014 IN OAERNAKULAM BENCH. |
FINAL ORDER DATED458/2013 HON'BLE CAT |
EXHIBIT P2 |
TRUE COPY OF THE458/2013 ON THEBENCH. |
ORIGINAL APPLICATIONFILE OF CAT ERNAKULAM |
EXHIBIT P3 |
TRUE COPY OF THETHE RESPONDENTSON THE FILE OF TBENCH. |
REPLY STATEMENT FILED BY1,2,3 & 5 IN OA 458/2013HE HON'BLE CAT, ERNAKULAM |
EXHIBIT P4 |
TRUE COPY OF THETHE RESPONDENTSTHE FILE OF THEBENCH. |
REPLY STATEMENT FILED BY4 & 6 IN OA 458/2013 ONHON'BLE CAT, ERNAKULAM |
EXHIBIT P5 |
TRUE COPY OF THEON THE FILE OF TBENCH. |
REJOINDER IN OA 458/2013HE HON'BLE CAT ERNAKULAM |
OP(CAT) Nos. 79/2015 & 72/2016
-:10:-
APPENDIX OF OP (CAT) 79/2015
PETITIONANNEXURE |
ER ANNEXUA-4 |
RES |
TRUENO. E |
COPY OFIII/331 |
THE2008 |
REVISED PAY FIXATION MEMO/29 DATED 20.03.2013. |
|---|---|---|---|---|---|---|
ANNEXURE |
A-5 |
TRUENO. Q |
COPY OF3584/53 |
THEDATE |
REVISED PAY FIXATION MEMOD 03-12-2012. |
|
ANNEXURE |
A-6 |
TRUENO. E |
COPY OFIII30140 |
THE08/3 |
REVISED PAY FIXATION MEMO2 DATED 12-03-2013. |
|
ANNEXURE |
A-7 |
TRUENO. Q |
COPY OF3574/47 |
THEDATE |
REVISED PAY FIXATION MEMOD 23-03-2013. |
|
ANNEXURE |
A-8 |
TRUE13/PA |
COPY OFY FIXATI |
THEON/2 |
LETTER NO.ESTT/ENK/2012-0 DATED 22-05-2013. |
|
ANNEXURE |
A-9 |
TRUE13/PA |
COPY OFY FIXATI |
THEON/1 |
LETTER NO. ESTT/ENK/2012-7 DATED 22-05-2013 |
|
ANNEXURE |
A-10 |
TRUE13/PA |
COPY OFY FIXATI |
THEON/1 |
LETTER NO. ESTT/ENK/2012-9 DATED 22-05-2013. |
|
ANNEXURE |
A-11 |
TRUE13/PA |
COPY OFY FIXATI |
THEON/1 |
LETTER NO. ESTT/ENK/2012-8 DATED 22-05-2013 |
|
ANNEXURE |
A-1 |
TRUE29-20 |
COPY OF00-REGTG |
THEDAT |
OFFICE MEMORANDUM NO. 2-ED 30-09-2000. |
|
ANNEXURE |
A-2 |
TRUEDATED |
COPY OF07-08-2 |
THE002. |
LETTER NO.1-35/ESTT-2002 |
|
ANNEXURE |
A-3 |
TRUE04-20 |
COPY OF13. |
THE |
REPRESENTATION DATED 24- |
|
ANNEXURE |
A-12 |
TRUEDATED |
COPY OF17-12-2 |
THE008. |
OM NO. I-I(I)/06-PAT |
|
ANNEXURE |
A-13 |
TRUE09-20 |
COPY OF12. |
THE |
CIRCULAR NO. 32 DATED 27- |
|
ANNEXURE |
A-14 |
TRUE12-09 |
COY OF T-2006. |
HE O |
M NO. I-I(I)/06-PAT DATED |
|
ANNEXURE4 |
R-1(a)1 |
TO |
TRUEDOT, |
COPY FOTRIVANDU |
THEM. |
LETTER FORWARDED TO CCA, |
ANNEXURE |
R-1(b)1 |
TO |
TRUE |
COPY OF |
THE |
REVISED PAY FIXATION MEMO |
3 |
OF TH |
E APPLIC |
ANTS |
1,3, AND 4. |
||
ANNEXURE2 |
R-1(c)1 |
TO |
TRUEAPPLI |
COPY OFCANT. |
THE |
REFIXATION MEMO OF 2ND |
OP(CAT) Nos. 79/2015 & 72/2016
-:11:-
ANNEXURE R-1(d) |
TRUE COPY1(06)/200 |
OF THE6 PAT D |
DOT LETTER NO.1-ATED 05-08-2012. |
|---|---|---|---|
ANNEXURE R-1(e) |
TRUE COPYSHRI. K.N |
OF THE.JAYAN. |
SAMPLE PAY FIXATION OF |
ANNEXURE R-1(f) |
TRUE COPYSHRI.P.K. |
OF THEMOHANAN |
SAMPLE PAY FIXATION OF. |
ANNEXURE R-1(g) |
TRUE COPYLETTER NO03-05-201 |
OF THE.1-5/203. |
BSNL CORPORATE OFFICE04-PAT(BSNL)PT.V. DATED |
ANNEXURE R-1 |
PHOTOCOPY |
OF UO |
NOTE OF THE MINISTRY. |
ANNEXURE R-2 |
PHOTOCOPY |
OF THE |
OM DATED 17-12-2008. |
EXHIBIT P-1 |
TRUE COPYOF THE HOTRIBUNAL, |
OF THEN'BLE CERNAKU |
OA 800/2013 ON THE FILEENTRAL ADMINISTRATIVELAM BENCH |
EXHIBIT P-2 |
TRUE COPYFILED BY800/2013CENTRAL ABENCH |
OF THERESPONDON THEDMINIST |
REPLY STATEMENT FILEDENTS 1 TO 3 AND 5 IN OAFILE OF THE HON'BLERATIVE TRIBUNAL, ERNAKULAM |
EXHIBIT P-3 |
TRUE COPYFILED BYON THE FIADMINISTR |
OF THERESPONDLE OF TATIVE T |
REPLY STATEMENT FILEDENTS 4 & 6 IN OA 800/2013HE HON'BLE CENTRALRIBUNAL, ERNAKULAM BENCH |
EXHIBIT P-4 |
TRUE COPYAPPLICANTTHE HON'BTRIBUNAL, |
OF THES IN OALE CENTERNAKU |
REJOINDER FILED BY THE800/2013 ON THE FILE OFRAL ADMINISTRATIVELAM BENCH |
EXHIBIT P-5 |
TRUE COPY17/9/2014THE HON'BTRIBUNAL, |
OF THEIN OALE CENTERNAKU |
FINAL ORDER DATED800/2013 ON THE FILE OFRAL ADMINISTRATIVELAM BENCH |
RESPONDENT EXHIBITS |
|||
EXHIBIT R3(a) |
ORDER DAT |
ED 30-0 |
9-2000. |
EXHIBIT R3(b) |
ORDER DAT |
ED 07-0 |
8-2002. |
EXHIBIT R3(c) |
COPY OF DPAPER. |
OCUMENT |
FORWARDING THE PENSION |
EXHIBIT R3(d) |
COPY OF DPAPER. |
OCUMENT |
FORWARDING THE PENSION |
EXHIBIT R3(e) |
COPY OF DPAPER. |
OCUMENT |
FORWARDING THE PENSION |
OP(CAT) Nos. 79/2015 & 72/2016
-:12:-
EXHIBIT R3(f)COPY OF DOCUMENT FORWARDING THE PENSION
PAPER OF 1ST PETITIONER.
EXHIBIT R3(g)COPY OF DOCUMENT FORWARDING THE PENSION
PAPER OF 2ND PETITIONER.
EXHIBIT R3(h)COPY OF DOCUMENT FORWARDING THE PENSION
PAPER OF 3RD PETITIONER.
2 issues framed by the court
Whether recovery effected from retired BSNL employees following refixation of pay under the 2008 regulations was sustainable.
Whether pay fixation options exercised by the petitioners were governed by FR-22.
Colour shows how this judgement treated each authority
State of Punjab v Rafiq MasihRelied on¶3
State of Punjab v Rafiq Masih [ AIR 2015 SC 696] · Who else cites this
1 provisions across 1 enactments
M.L.George
P.C.Williams
K.V.Haridasan
N.D.Gopi (deceased)
Lathika V.K.
Bharat Sanchar Nigam Ltd.
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court