EXTRACTS FROM AIBSNLRETD WEB…
OUR PENSION ARREAR CASE IS FACING MOST UNWANTED INTRUSION
We are sorry to inform that the Pension Arrear Case (OA/2260/2017), which was listed for final hearing on 26-11-2018 is now facing most unexpected and unwanted intrusion from another case filed by the Armchair Association. After being denied by Supreme Court and Delhi High Court finally that association has ultimately filed a petition (OA 2853/2018) in PCAT ND. On 22-10-2018 that case came up for admission hearing. During hearing it was pointed out to the Judge that a similar case (our OA/2260/2017) is already pending before PCAT and the Judge while admitting the case ordered it to be listed next along with our case.
This came to our notice and we took necessary precautions. On 24th Nov. we find that in the list of proceedings for 26th Nov. only our case is listed. There was no mention of their case (OA 2853/2018) in the list. But surprisingly during hearing the advocate of DOT has pointed out and placed a copy of the order dated 22-10-18 before the court. Court also took a cognizance of the order and posted our case for next hearing on 23 Jan. 2019. Unfortunately, our regular lawyer could not attend the case and send a proxy advocate to attend as she was engaged in Supreme Court for some other case. Now we are waiting for exact text of the court order dated 26-11-2018 for deciding our future course of action.
As mentioned in the PCAT mischievously, The OA filed by the Armchair people is not similar to our case. They have challenged both the DOT orders dated 10-06-2013 and 18-07-2016 while in our case we asked only a modification of DOT order dated 18-07-2016. They have asked pay arrears also from 1-1-2007 along with pension arrears but we prayed only for pension arrears. We made only DOT and BSNL respondents but their case has 5 respondents, DOT, BSNL, DOP&PW, DPE & DOE. The argument and justification of their OA and our OA is also completely different. Moreover, Our OA has completed the reply and rejoinder episodes, whereas there OA is just admitted.
As is apparent from above, according to our view their OA will consume more time as now 5 respondents have to submit their reply then rejoinders have to be submitted for all five replies, this itself will take years. Then as because pay arrears also have been prayed which is to be paid by BSNL and for which the existing serving employees are also eligible, it will not be easy for the court to decide the issue and may invite more arguments which will again consume more time. Whereas our case now is now listed for final hearing that is only final arguments and Judgment is pending. Incidentally in this OA they have 118 applicants in which pensioners retired after 10-06-2013 is also there only for pay arrears. The advocate of DOT, who was sure of losing our OA, now deliberately wanted to tag it with their case so that our case also gets stuck up with them and face uncertainty.
It is irony of fate that once they called our case “The Height of Absurdity” and now are desperate to tag their case with our “Absurd” case and thereby spoil our case along with them, But we shall ensure that their game plan is nipped in the bud.
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