दूरसंचार विभाग
Sub: Request for Information under Right to Information Act, 2005
Sir,
DO P&PW issued order vide OM. No.38/37/08 - P&PW (A) dt. 6th, April, 2016 allowing revision of pension of pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years.
I was recruited under Department of Telecommunication, Govt. of India, subsequently took absorption in BSNL and retired on superannuation with effect from 31.08.2003 as General Manager, West Bengal Telecom Circle, BSNL with a total of 28 and half years of qualifying service and now I am drawing Pension as per CCS Pension Rule in IDA pay Scale.
My application (copy enclosed) to CCA West Bengal Telecom Circle requesting revision of my pension in terms of above O.M of DOP & PW was denied vide NO.WBCT/CCA/PEN/P-85/03-04, dated 30/05/2016 (copy enclosed).
In this context please supply the following information under Right to Information Act, 2005:
1. Please inform Whether DOT Order No 40-31/2008-Pen(T), dated 4th May, 2009 (copy enclosed) regarding applicability of qualifying service for IDA pensioners of BSNL covered under rule 37-A, was taken in to consideration while denying revision of pension in my case vide letter referred above
2. Please supply the certified copy of Note sheets and all file noting by various officials while dealing with my request dated 18.05.2016 for pension revision and decision of competent authority recording reasons for denying my request for pension revision.
3. Please inform whether my prayer for revision of Pension was denied, in spite of clear decision of DOT on the subject vide their letter dated 4th May, 2009 stated above, only because I am a post 1.1.2006 retiree.
4. If the answer against query No. 3 stated above is Yes, whether the CAT Principle Bench Judgment on the subject in OA 1165/2011 dated 21/4/2015, which was upheld by the Honourable Supreme Court of India, and accepted by Government of India, which reads as - Differential and discriminatory treatment amongst those, who are drawing pension under the same CCS(Pension) Rules, on the basis of different dates of retirement (in this case pre 2006 and post 1.01.2006) shall amount to violation of Article 14 of the Constitution and hence to be treated as un-constitutional.
That qualifying service for earning full pension shall be same for pre 2006 and post 1.01.2006 retirees/pensioners - was taken in to consideration while denying my appeal for revision of pension.
5. Please inform whether denial of revision of my pension is in violation of the order of DOT vide No.40-31/2008-Pen(T), dated 4th May, 2009, read in conjunction with CAT Principle Bench Judgment stated above.
6. Please supply certified copies of all file noting reflecting that all the above points were taken in to consideration by the competent authority before denying my request for revision of pension.
I hereby deposit requisite fee of Rs. 10 through net banking.
I declare that I am a citizen of India.