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CENTRAL ADMINISTRATIVE TRIBUNAL
M.G. Sewlikar, J
Adesh Narayan Bhoi – Appellant
Versus
The Bharat Sanchar Nigam Ltd. – Respondent
Application under Section 19 of the Administrative Tribunals Act
For the Appellants/Petitioners: Mr. Mohsin Khan, Mr. R.T. Diwate
For the Respondents: Dr. V.S. Masurkar, Mr. P. Khosla
Pensionary benefits cannot be withheld without ongoing judicial or departmental proceedings at the time of retirement; mere requests for documentation do not equate to pending inquiries.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Pensionary benefits - Withholding of benefits based on non-submission of caste validity certificate - Court found that no departmental or judicial proceedings were pending at the time of voluntary retirement, thus benefits cannot be legally withheld. (Para 29)
(B) Validity of appointment - The court ruled that the respondents did not provide adequate evidence that appointment was based on caste, as mere allegations are insufficient to withhold pensionary benefits.
Facts of the case:
The applicant, after voluntary retirement under BSNL's VRS 2019, claimed retirement benefits withheld due to a requirement for a caste validity certificate linked to an investigation of caste-based assertions. The court observed that at retirement, no proceedings were pending against the applicant.
Findings of Court:
The action of withholding pension was deemed illegal and not proper.
Issues: The main issues centered around the legitimacy of withholding benefits without pending inquiries and the basis of the appointment of the applicant concerning caste.
Ratio Decidendi: The court concluded that withholding of retirement benefits requires substantive evidence of misconduct, and the mere directive for documentary submission does not constitute an ongoing inquiry.
Result: Application allowed.
| Table of Content |
|---|
| 1. caste validity certificates are critical for pension benefits. (Para 1 , 2 , 4 , 5) |
| 2. evidence is required to withhold benefits; mere allegations are insufficient. (Para 6 , 10 , 12) |
| 3. no pending inquiries are necessary for benefit disbursement. (Para 14 , 18 , 20) |
| 4. rulings clarify legal standing on pension benefits withholding. (Para 22 , 24 , 28) |
| 5. the tribunal concluded actions were without legal standing. (Para 29) |
ORDER
This is an application under Section 19 of the Administrative Tribunals Act seeking the relief of setting aside the order dated 30th January, 2020 to the extent of para 3 and release of retirement benefits including ex-gratia payment.
2. The case of the applicant in brief is that he approached the Department of Telecommunications. The applicant was given the letter of offer of appointment. The applicant joined the service on 24th January, 1990 as Telephone Operator on purely temporary basis. After completing two years’ probation period, the applicant was appointed and he was made permanent on 16th January, 1992.
3. Applicant came to be absorbed in Bharat Sanchar Nigam Limited (BSNL) vide absorption order (Annexure A-2).
4. It is further alleged that BSNL declared Voluntary Retirement Scheme (VRS) on 04th November, 2019. The applicant applied under the said scheme. The application of the applicant for voluntary retirement under VRS 2019 was accepted vide order dated 31st January, 2020. In the relieving order, it is mentioned that all pensionary benefits will be paid after production of caste validity certificate. Accordingly, the applicant has been paid only provisional pension and the other benefits have been withheld. In the relieving order, it is mentioned that the pensionary benefits have been withheld as complaint of fake/false caste certificate is pending. The applicant was not facing any departmental or judicial proceedings on the date of acceptance of his application for voluntary retirement. Mere issuing letters regarding production of certificate of caste validity does not amount to initiation of departmental enquiry and, therefore, it was not permissible for the respondents to withhold the pensionary benefits. He has, therefore, filed this OA seeking following reliefs:-
“1) Call for the record of case from the respondents.
2) Deleted.
Added prayer (2) The original application may kindly be allowed and order dated 30.01.2020 to the extent of para 3 may kindly be quashed and set aside.
3) Thereby directing respondent’s authority to forthwith process sanction and pay to the applicant, the amount of the retirement benefits along with regular pension from the date of VRS retirement.
4) Cost of O.A. may kindly be awarded to the applicant with cost.
5) Interim relief in terms of leave encashment may kindly be released along with interest with immediate effect.
6) Any other appropriate relief may kindly be deemed fit by this Hon’ble tribunal may kindly be granted.”
5. Respondents filed their reply. It is contended that similarly situated officers of BSNL with identical grievances have filed Writ Petitions before Aurangabad Bench of Bombay High Court. The BSNL had directed the petitioners to submit the caste / tribe certificates issued by the competent authority. If caste / tribe validity certificates are not available, then to apply / register online for obtaining from State / District level scrutiny committee and submit the same immediately, failing which action like reversion/removal/termination from service will be initiated. After hearing both the parties, the Writ Petitions have been dismissed.
6. It is further alleged that the applicant had taken training for the post of Junior Engineer and recruitment training for SC/ST and also applied and appeared for LDCE examination for the post of Junior Engineer under 40% quota as per recruitment order 2006 vide letter dated 06th February, 2007. At the time of appointment of the applicant, he had filled in attestation form in which the applicant disc
