BHOOP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner challenges the order of the Central Administrative Tribunal (CAT/Tribunal) dated 05.10.2012 passed in T.A. No. 1392/2009, whereby the Tribunal rejected his application -questioning the adjustment/recovery of Rs.1,26,000/ - from the terminal benefits admissible to him at the time of his superannuation with effect from 31.03.2004.

(2.) BRIEFLY , the facts are that the petitioner was originally an employee of the Department of Telecommunication (DOT), when the functioning of the DOT was reorganised and its employees were transferred to the successor organisation, i.e. Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL); the settlement of their terms and conditions was in a state of flux for a considerable period of time. Employees of both organisations were governed by the CDA pay pattern. In these circumstances, MTNL decided on 06.06.2000, in principle, that till final settlement of the entitlement of individual employees -(based upon their option) were arrived at, an ad hoc amount of Rs. 3,000/ - was to be paid to all Group A/Group B employees. The order, inter alia, stated that "this compensation shall be payable with effect from 01.04.1999 or from their date of joining MTNL, whichever is later, till the IDA pay scales becomes operative for Group A and B officers, subject to the following conditions............". Similar orders apparently had been issued earlier as well.

(3.) THE BSNL also issued another communication dated 02.09.2003 calling for options, wherein it reiterated the afore extracted position.