EXTRA INCREMENT COURT CASE
Denial of Extra Increment benefit for 78.2 IDA mrger
(Report from DG, VP, CHQ)
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.