VIRENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 11/3/2019 passed by the learned Central Administrative Tribunal (the learned Tribunal) in Original Application (O.A.) No. 793/2019. Vide the impugned order, the learned Tribunal has dismissed the OA preferred by the petitioners/applicants and has consequently rejected their prayer seeking directions to the respondent to upgrade their pension by revising the pay scale corresponding to scale of Rs.25,000.00650-30,200 (known as E-9A) w.e.f., 1/1/2007.

(2.) The petitioners were Group A officers working with the Ministry of Telecom and Communication (DOT), who superannuated on different dates between 2001-2004. Based on a policy decision, the petitioners, were in 2005, granted an option to be absorbed in Bharat Sanchar Nigam Limited (BSNL), an autonomous organization w.e.f 1/10/2000. All the petitioners, having submitted their option for being absorbed in BSNL w.e.f 1/10/2000, were treated as employees of BSNL and were therefore governed by the pay scales as applicable in BSNL for the purpose of receiving their pensionary benefits. It is the petitioner's case that based on the recommendation of the Inter Ministerial Group approved by the Cabinet, they were placed in the E-9A pay scale, i.e., Rs.25,000.00650-30,200/- from the date of their absorption in BSNL

(3.) Taking into account that the pay scales of the BSNL employees was required to be revised w.e.f, 1/1/2007, the 2nd Pay Revision Committee (PRC), made recommendations suggesting replacement scales for employees placed in E0 to E9 scales. Accepting these recommendations, the respondent no.1/Department of Public Enterprises issued an Office Memorandum (O.M) on 26/11/2008, prescribing the replacement scales for employees in Central Public Sector Enterprises w.e.f., 1/7/2007. However, no separate replacement pay scale was suggested for pay scale E9A and therefore, employees in this pay scale were also granted the same replacement scale of Rs.62,000.00 to 80,000/-. Consequently, the petitioners started to receive pension on the basis of this revised pay scale of Rs.62,000.00 to 80,000/-. Being aggrieved, the petitioners approached the learned Tribunal, which initially granted liberty to the petitioners to make representation to the BSNL and DOT. Upon the said representations being rejected, they again approached the learned Tribunal, which has dismissed their claims under the impugned order.