Saturday, January 15, 2011

News letter - Er.S.C.Maheshwari


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Retirement benefits can not be denied to employee  even if charges against him are pending

The Madurai bench of the Madras High Court has ruled that Government cannot deny retirement benefits to an employee who was asked to go on conditional retirement because charges against him were pending.  A Division Bench of Justice R.Banumathi and Justice S. Nagamuthu rejected the contention of the  government that Sankaran, an Assistant Tahsildhar had been allowed to retire on certain conditions as charges were pending against him,and hence he could not be given retirement benefits. 
A single judge had already revoked the order of the collector suspending payment of retirement benefits. 
Similarly Raja,a retired Sub-Registrar of cooperatives was allowed conditional retirement on April 30, 2010. But his retirement benefits were suspended as charges were pending against him. His writ petition was dismissed by a single judge, and he had come on appeal. 
The Judges said when the Government employees are allowed to retire on condition, disciplinary action could be taken against them or inquiry conducted afresh. But government had no power to suspend payment of retirement benefits to them, the court said. 
In a common order passed for both of them, the bench said when they are allowed to retire they should be given their retirement benefits. 
Only government had power to take decision on disciplinary action against them, the bench observed and directed that all retirement benefits be paid to them.

(A Government of Indian
Bharat Sanchar Bhawan, Janpath, New Delhi–1.

No. 40-19/2010-Pen(B)
Dated : 01-12-2010

All Heads of Telecom Circles/Telecom District/
Other Administration Offices/
Telecom Stores/Telecom Factories.
Bharat Sanchar Nigam Ltd.

Sub: Processing of papers related to retirement benefits of un-absorbed/absorbed BSNL employees-regarding streamlining of procedure for early settlement of pensionary benefits. 

This is in continuation this office letter of even number dated 19.8.2010 with regard to timely settlement of retirement benefits of un-absorbed/absorbed BSNL retirees. As you would be aware, the CCA offices in the field release pension orders and other retirement benefits after receipt of pension papers complete in all respects from concerned BSNL units. Needless to emphasize, if the pension papers are incomplete and or vigilance/disciplinary clearance not submitted, the issue of PPO and other final benefits get delayed in CCA office which causes great inconvenience to the pensioners. 

2. It is requested that before the 1st of January of each year, a print out of all officials due for retirement in forthcoming year be taken out from HRMS system. This facility is available under the Staff module Reports Retirement Profile year wise. Each such official may be approached by administration for filling up his pension paper by giving appropriate set, well in time and the same be got submitted by the individual to Head of Office not later than eight months prior to the date of retirement. 

3. The Head of office, not later than 6 months of the date of retirement of the BSNL absorbed & un-absorbed employee, should forward to A.O., Form 5 & 7 duly completed with a covering letter in Form 8 along with service book of the employee duly completed upto" date, and any other documents relied upon for the verification of service. He should also prepare the “Pension Calculation Sheet" in the prescribed Form in triplicate and forward it to Communication Accounts Officer of the concerned DOT Cell/CCA Office. 

4. A check list has been attempted which will help the concerned Pension Branch of Circle Office to cross check that the pension papers are in order before sending to CCA office. A copy of check list is enclosed as ANNEXURE. It is expected that this will also facilitate the issue of PPO by CCA office expeditiously. 
(Sheo Shankar Prasad)
Assistant General Manager (Pers-V)
Secretary (Railways) Bharat Pensioners Samaj 
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