Reserved on 03.10.2024 CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH Original Application No. 91 of 2012 Along with Original Application No. 720 of 2018 This the Day of ____ day of January, 2024 PRESENTS:

HON’BLE MR. JUSTICE AKHIL KUMAR SR IVASTAVA, JUDICIAL MEMBER HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER Santosh Kumar Vyas, S/o Shri Ayodhya Prasad Vyas, Aged about 42 years, working as Sub Division Engineer (A/T) B.S.N.L Sagar M. P., Pin. Code-470001 -Applicant in O.A. No. 91/2012 Advoca te for the applicant: Shri Arun Kumar Soni V e r s u s

1. Bharat Sanchar Nigam Limited Through The Chairman and Managing Director, Bharat Sanchar Nigam Ltd., Bharat Sanchar Bhavan Harish Chand Mathur Lane Janpath, New Delhi Pin. Code No

110001.

2. The Chief General Manager Telecom Bharat Sanchar Nigam Limited M. P. Telecom Circle, Bhopal M. P. Pin. Code No 462015

3. Shri R.K.P.Hinduja the Then Chief General Manager Now Resident of House No.-135 Rameshwaram, Phase -II, Bag Mungaliya, Bhopal-

462016

4. Smt. Rita Goyal, General Manager (Finance) Chief General Manager Telecom Bharat Sanchar Nigam Limited, M. P. Telecom Circle, Bhopal M. P.Pin. Code No- 462015

5. Shri P.K.Joshi, Accounts Officer (HR), Chief General Manager Telecom, Bharat Sanchar Nigam Limited M. P. Telecom Circle, Bhopal M. P.,Pin. Code No- 462015 -Respondents in O.A. No. 91/2012 Advocate for the respondents: Shri Satyendra Jain With Santosh Kumar Vyas, S/o Shri Ayodhya Prasad Vyas, Aged about 48 years, working as Sub Division Engineer (A/T) B.S.N.L Sagar M. P., Pin. Code-470001 -Applicant in O.A. No. 720/2018 Advoca te for the applicant: Shri Arun Kumar Soni V e r s u s

1. Bharat Sanchar Nigam Limited through its Chairman and Managing Director, Bharat Sanchar Nigam Ltd., Bharat Sanchar Bhavan Harish Chand Mathur Lane Janpath, New Delhi Pin.

Code No 110001.

2. The Chief General Manager Telecom Bharat Sanchar Nigam Limited M. P. Telecom Circle, Bhopal M. P. Pin. Code No

462015

3. Accounts Officer (HR), Chief General Manager Telecom, Bharat Sanchar Nigam Limited M. P. Telecom Circle, Bhopal M. P.,Pin.

Code No- 462015 -Respondents in O.A. No. 720/2018 Advocate for the respondents: Shri Krishna Namdeo proxy counsel for Shri Pranay Gupta

O R D E R

By Mallika Arya, Member (Administrative) :-

Both the Original Applications are being decided by a common order.

2. These Original Applications have been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:

Relief in OA No. 91/2012 “1. That the respondents to correct the anomaly of pay scale of the applicant and pay the same as per rules as they are paying to similarly situated person.

Relief in OA No. 720/2018 “1. That the respondents impugned order dt. 26/06/2018 may kindly be quashed and direct the respondents to refund the recovered amount along with 18% interest.

3. The brief facts of the O.A.No.91/2012, are that the O.A. is regarding pay fixation and the recovery of excess payments made to the applicant in the BSNL (Bharat Sanchar Nigam Limited). Applicant's pay was initially fixed in 2000, following the relevant rules and instructions. However, after 11 years, in 2011, the respondents modified the pay, stating it was incorrectly fixed in 2000, specifically when the IDA (Industrial Dearness Allowance) pay scales were introduced in 2004. They began recovering the excess amount, which the applicant disputes, claiming that the pay fixation was done correctly as per the IDA guidelines issued on 14th March 2004.

4. In short, the Respondents have contended that Bharat Sanchar Nigam Limited (BSNL) became a corporation on 1st October 2000, which was earlier under the Central Government's control. Employees from the Telecommunication Department were absorbed into BSNL, and their service conditions got regulated by BSNL's rules. The applicant was initially appointed by the Department of Telecommunication and got later absorbed into BSNL. He was promoted to the post of Sub Divisional Engineer (S.D.E.) in August 2000 and