SEEKING LEGAL REMEDY ON PAY AND PENSION ARREARS

AIBSNLREA filed an Original Application, on representative capacity, praying for orders to get the (i) arrears of pension between 1.1.2007 and 9.6.2013 for the pre-2007 pensioners, (ii) arrears of pay, pension and other pensionary benefits like enhanced DCRG, Leave encashment, Commuted value of pension (wherever admissible) for the pensioners who retired between 1.1.2007 and 9.6.2013 and (iii) pay arrears to those who retired/retiring before/after 10.06.2013, in the Principal Bench of Central Administrative Tribunal. Our OA was tagged with another OA already filed by another Association in which the DOT’s Presidential Order dated 10.06.2013, implementing DPE OM, allowing fitment benefit by merger of 78.2% IDA w.e.f. 10.06.2013 and denying pay arrears, was not challenged. The OA filed by another association did not ask for pay arrears. This OA by other Association was heard first and then our OA was heard on 30.07.2019 and CAT then dismissed both the OAs.

We had reported earlier that the Appeal filed by AIBSNLREA in Delhi High Court against the CAT Order came up before the Court 04.12.2019, 24.01.2020 and 11.03.2020 which finally directed to issue Notice to the respondents allowing 4 weeks’ time to file counter-affidavit and thereafter two weeks' time to the petitioners to file rejoinder-affidavit. The matter further came up before the Court of Registrar on 07.09.2020 which allowed further six weeks’ time to the Respondents to file their counter-affidavit. Failing which, they will forfeit the right to file the counter-affidavit and the Appeal will be listed for hearing. But on 18.01.2021, the Respondents pleaded for some more time to file their counter affidavit. Though our Advocate raised objection, the Registrar allowed 4 weeks further time subject to payment of costs. The matter was again put up before the registrar on 15.03.2021 for physical hearing. Since the Respondents again failed to submit their counter-affidavit, our Advocate strongly pleaded not to allow further time. The Registrar was then pleased to order that the Respondents forfeit their right to file counter affidavit and the matter be listed before the Hon’ble Court. As per the advance list, the Writ Petition was last listed before the Hon'ble Court (Virtual Court No. 6) on 06.08.2021 and then on 23.11.2021 but could not be heard due to want of time. The case was scheduled for hearing on 12.05.2022 but could not be heard due to Full Court Reference scheduled in the afternoon and was ordered to be re-notified on 05.07.2022. On 05.07.2022, our petition was heard at length and then posted for 02.08.2022 with directions to both sides to file their respective written submissions. Our advocate had submitted the written submission in time but hearing did not take place on 02.08.2022 since a judge was on leave. The case was listed for 14.09.2022. On 14.09.2022, the court did not take up any matter where the hearing could take more than half an hour, as the court was taking up some enquiry post-lunch. Our advocate pleaded for fixing the next date early. After much persuasion, the court listed the matter to 23.01.2023. While DoT had not filed any reply or written submission in our case, it had filed the same in a writ petition by another BSNL pensioners association which had also been listed for the same day. On 23.01.2023, when the court took up the case, there was no appearance for Union of India (DoT). As the respondent's advocate remained absent for the third consecutive hearing, order was passed to issue court notice to the respondent's (DoT) advocate, returnable on 25-04-2023. On 25.04.2023 the court could not take up the case till 16.30 hrs and therefore was re-notified on 31.05.2023. On 31.05.2023, upon hearing the counsel for DoT, the court directed re-notification of the case on 14th August 2023, making it clear that the Union of India shall file written submissions in our case at least one week before the next date of hearing. Though the case was listed for 14.08.2023, there was no sitting of the Bench in the last minute and next hearing was fixed for 10.11.2023. On 10.11.2023 the matter was heard at length and the court was re-notified it for 20.02.2024. A new Bench heard the case on 20.02.2024 with submission from our advocate. No one was present from Respondents' side. The court ordered issue of 'Court Notice' to the Secretary, DoT and adjourned the case to 11.07.2024 since no prior slot was available. On 11.07.2024 when the case came up for hearing before a new Bench, DoT which had earlier failed to submit counter-affidavit even after seeking time several times, has filed its counter-affidavit now. The case was listed for 08.10.2024 and we were required to file our rejoinder by then. We have duly filed our rejoinder. Meanwhile there was a change in the Bench yet again. On 08.10.2024 though listed, our case was could not be taken up for hearing due to prolonged arguments in another case. It was listed on 03.02.2025 as Item No.43, but could not reach hearing. It will be listed for 11th March 2025.