BHARATH SANCHAR NIGAM LIMITED Vs. SMT. RAJESHWARI RAMESH

JUDGEMENT

(1.) The present petition is directed against the order dated 12-6-2015 whereby the Tribunal for the reasons recorded in the order has held that the order of recovery was bad in law and the same is set aside by observing that the applicant therein was entitled to all benefits including the terminal benefits in terms of pay fixation vide order dated 2-8-2011. The Tribunal has further directed the respondent-authorities to consider the representation of the applicant for the benefit of NEPP with effect from 1-7-2011.

(2.) We have heard Mr. Rama Bhat K., learned Counsel, appearing for the petitioners and Mr. Chandan S. Rao, learned Counsel, appearing for the respondent.

(3.) The contention raised on behalf of the petitioners was that as per the Rule 33-B(g) of Bharat Sanchar Nigam Limited (Conduct, Discipline and Appeal) Rules, 2006, if the penalty is prescribed to the lower time scale of pay, ordinarily there shall be a bar to the promotion of the employee. Further, the pay reduction was required to be maintained even after the expiry of the period. The Tribunal did not consider the said aspects properly and hence this Court may consider in the present matter.