ALL INDIA RETIRED BHARAT SANCHAR NIGAM LIMITED
EXECUTIVES' WELFARE ASSOCIATION
Central Headquarter, New Delhi
Registration no. S/00108/NE-/2010
Edited by Sh.
Rakesh Srivatava, President & Editor, AIRBSNLEWA
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AN APPEAL TO ALL BSNL PENSIONERS RETIRED BEFORE JUNE 2013 REGARDING THE COURT CASE BEING PREPARED BY AIRBSNLEWA PROTESTING DENIAL OF PART OF PENSION ARREARS AND PENSIONARY BENEFITS ON 78.2% IDA MERGER FROM 1-1-2007
We have started preparation for the Court Case to be filed against illegal withholding of part of pension and pensionary benefits arrears sometimes back. Although our effort is aimed only to extend the benefit to all pensioners who otherwise may not be able to fight the injustice individually, some other pensioner associations have started maligning our efforts in various ways which ultimately resulted in misguiding the pensioners.
One association is advocating against filing a Court case for getting RESIDUAL BENEFITS of 78.2% FITMENT granted hypothetically w.e.f. 1/1/2007, implemented by DOT on a real time basis w.e.f. 10/6/2013, which denied arrears of Pension/ Gratuity and Commutation for the period from 1/1/2007 to 09/06/2013. Their plea is that the Court Case is very long and time consuming affair and it is better to get the issue resolved through negotiations.
Denial of Pensionary benefits to BSNL Pensioners / Family Pensioners for the period from 1/1/2007 to 9/06/2013 is a well thought out strategy by DOT, which can be rectified either through a Court Decision or by a REVIEW of Cabinet Decision dated 5/7/2016 all over again. People who believe that this issue can be resolved by negotiations/ persuasion are living in a Dream World / Fool’s Paradise, but majority of our Members do not agree with this proposition.
Armchair Association is advocating not to fall prey to our propaganda and that they shall file a case in representative Capacity in the near future, so that everybody gets the benefit without filing the case in individual Capacities. Here also the benefit is limited to the Members of that particular Association, and the benefit is not liable to be extended to each and every BSNL Employee/ Pensioner/ Family Pensioners, who is not a certified Member of that Association. Here also the Armchair Association has never stated that they shall not call for any subscription/ donation for filing the specific Court Case at a future date.
Moreover no Association of the Pensioners in BSNL/ DOT has been granted a formal recognition by DOT/ BSNL and hence their authority to file a case in Representative Capacity may not be accepted by the Tribunals/ Courts. Even in cases filed by recognised Unions/ Associations, benefits of Court judgements are restricted to bonafide members of that Association.
Recently in Pension Anomaly case filed by one Association in Representative Capacity, the Hon’ble CAT, Principal Bench, New Delhi has passed directions in favour of the Applicants only in the said O.A. Now the concerned Association has to file a REVIEW petition before the same Bench for correction of the order or else rely upon the good sense to prevail in Department to generalize the implementation of the Court Orders. Normally it takes a pretty ling time for the Department before good sense prevails upon it. We need to guard against such mishaps which have occurred in the past and may occur again in the future as well.
However, if you prefer to wait for Armchair Association to do the job for you in a Representative Capacity or else if you think the issue can be resolved through negotiations/ persuasion, you need not file a Court Case or be a member in our endeavor to resolve this problem thorough legal recourse. But if you trust AIRBSNLEWA and consider that Court case filed by our Association will be worthwhile and useful in resolving the issue, then please do join us at your earliest convenience!
WE are not interested in building our coffers or soliciting donations but for the Work we do and legal expenses/ miscellaneous expenses incurred in the Court case/ Association activities, the same are required to be shared by our Members as provided for in our Constitution, and we are asking for a very meager contribution from our Members towards filing of the Court case.
Regards. – Rakesh Srivastava, President AIRBSNLEWA CHQ
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The Case will be filed well after FEBRUARY 2017 at an appropriate time.