YOG RAJ Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) BY means of present O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks directions for quashing of corrigendum dated 1.1.2013 (Annexure A -1) vide which the order dated 31.12.2012, retiring the applicant on attaining the age of superannuation, has been cancelled and the order dated 31.12.2012 (Annexure A -2) (served upon the applicant on 1.1.2013), vide which the applicant has been placed under suspension w.e.f. the same very date. The applicant further seeks direction to direct respondents to release his retrial dues like Gratuity, Commutation Value of Pension, Leave Encashment, sanction full pension and also pay interest @ 18% on the delayed payment of retrial dues till the actual date of payment and any other direction this Tribunal deemed fit. The brief facts are to be noticed first.

(2.) THE applicant joined the respondent department as Phone Mechanic on 12.6.1978. During his service career he was awarded promotions and lastly he was promoted as Senior Accounts Officer. The date of retirement of the applicant, as per his date of birth, indicated in his service record, would be 31.12.2012. It is the positive case of the applicant that till his date of retirement i.e. 31.12.2012 neither any charge sheet was pending nor any other proceedings were pending against him. On 7.5.2010, the respondent department served a questionnaire upon the applicant which relates to the period 2007 to 2009, when the applicant was working as Senior Accounts Officer (CA & FA) in the office of GMTD, Hamirpur. On 17.5.2012, the applicant requested the department to allow him to inspect the documents enabling him to file comprehensive reply to the said questionnaire. He submitted his detailed point wise reply on 16.6.2010. The respondent department issued an order dated 31.12.2012 (Annexure A -6) on inter -net indicating therein retirement of number of persons including the name of the applicant, who was to retire provisional from BSNL on attaining the age of superannuation on 31.12.2012 (A.N.) which was subject to approval of the Competent Authority. The Sub Divisional Engineer (HR), O/o GMTD Hamirpur allowed the applicant to retire on attaining the age of superannuation on 31.12.2012 (A.N.) vide his memo dated 31.12.2012 (Annexure A -7). On 1st January, 2013, the respondents issued a corrigendum vide which earlier order dated 31.12.2012 by which the applicant was allowed to retire has been cancelled. By another letter dated 31.12.2012 issued by the GMTD H.P. Circle, Shimla by exercising the power under Rule 30(i)(a) of the BSNL, CDA Rules, 2006 the applicant was placed under suspension w.e.f. the same very date i.e. 31.12.2012. Hence the present O.A.

(3.) ON merit it has been submitted that since the applicant has been placed under suspension before retirement, therefore, retrial dues have been withheld pending disciplinary proceedings. In reply to para 4(10) it has been submitted that the applicant has misread/misinterpreted the CCS (Pension) Rules, 1972 and as per Rule 61(4)(5) of BSNL CDA Rules, 2006 departmental proceedings deemed to have been instituted from the date of suspension i.e. w.e.f. 31.12.2012. Therefore, the impugned orders are valid and cannot be questioned.