EXTRA INCREMENT COURT CASE
Denial of Extra Increment benefit for
78.2 IDA mrger
(Report from
DG, VP, CHQ)
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All of you may be
aware that on the basis of clarification issued by Directorate, vide their
letter dated 7/3/2017, to CCA, Tamilnadu more than 600 pensioners’ files were
returned to SSAs for exclusion one extra increment and issue fresh sanction for
78.2 IDA merger. This extra increment
was included when 68.8 IDA merger benefit was given from 1/1/2007. On the basis of clarification issued by
directorate along with a ‘Note’ supplied by corporate office, the department is
contemplating to recover the extra increment which was granted on the basis of
Corporate office letter dated 18/11/2003.
If it is allowed, thousands of pensioners had to face huge
recovery. Our Circle Union immediately
wrote a letter to CCA, Tamilnadu that recovery cannot be effected because of
Apex Court judgement and quoting that judgment DoPT issued relevant order on
the subject.
The Circle Union did
not stop with that. AIBSNLPWA, TN circle
represented by its Circle Secretary along with two affected pensioners filed a
case before CAT, Chennai Bench on 25/7/2017. The respondents are 1) Secretary, Telecom 2)
Under Secretary, DoT 3) Senior Accts officer, O/o PCCA, TN 4) CCA, TN & 5)
CMD BSNL.
Prayer for Interim order:- It is prayed that this Hon
Tribunal may be pleased to quash the order of the 2nd Respondent
dated 7/3/2017 bearing No.40-16/2012-(Pen T) and the consequential order of the
3rd Respondent dated Nil.06.2017 bearing No.DoT/CCA/TN/Pen
Rev/50%CVP and render justice. 4th
Respondent may be directed to recall the files from BSNL offices and grant the
benefit of 78.2% DA merger taking into account the extra increment as it was
done prior to receipt of 7/3/2017 order of 2nd respondent.
Relief prayed for :- (i) to quash the order of the 2nd Respondent
dated 7/3/2017 bearing No.40-16/2012-(Pen T) and the consequential order of the
3rd Respondent dated Nil.06.2017 bearing No.DoT/CCA/TN/Pen
Rev/50%CVP and
(ii) consequently
direct the respondents to continue to retain the extra increment given to the
members of the 1st Applicant Association, whose names are given in
the Annexure 15 to the application and continue to pay the pension on that
basis and
(iii) pass such other
orders or directions as this Hon Tribunal think fit in the circumstances of the
case
The case was admitted
on 4/8/2017. Copy our petition was served to the advocate
of the respondents. Now the case is
posted to 8/8/2017.