Pre-BSNL Department of Telecommunications appointees are entitled to GPF and pension benefits under Rule 37-A.

The applicant, currently a Junior Accounts Officer under Bharat Sanchar Nigam Limited (BSNL), is the ward of a deceased Department of Telecommunications (DoT) employee who died prior to the formation of BSNL on October 1, 2000

The applicant received a compassionate appointment during the DoT period in March 2000 and completed training in December 2000

Initially treated as a DoT employee eligible for the General Provident Fund (GPF) and the Old Pension Scheme, his GPF subscriptions were discontinued in 2007

The applicant asserts he is identically situated to litigants in C.A. 1972/2012 and Civil Appeal No. 4690/2012, where the Supreme Court affirmed the rights of such employees to benefits under Rule 37-A of the CCS (Pension) Rules, 1972

Despite making representations to the respondents (Annexure A-12), no order was passed, leading to the filing of this Original Application (OA)

1. Whether the applicant is entitled to be treated as an employee of the erstwhile DoT subsequently absorbed into BSNL, thereby qualifying for benefits under Rule 37-A of the CCS (Pension) Rules, 1972, and the restoration of GPF rights

2. Whether the respondents should be directed to consider the applicant's pending representations in light of settled judicial precedents

Rule 37-A of the CCS (Pension) Rules, 1972, which governs pensionary benefits for government servants absorbed into public sector undertakings

The principle of parity for "identically situated" employees as established by the Hon’ble Supreme Court in Civil Appeal No. 1972/2012 (dated 26.07.2023) and Civil Appeal No. 4690 of 2012 (dated 12.02.2026)

The precedent set by the Tribunal in OA 1004/2021 and the Madras High Court in WP No. 3263/2024, which held that the legal issue regarding these service benefits is no longer res integra

The Tribunal noted the applicant’s contention that the legal issue has been finalized by the Supreme Court, which dismissed BSNL’s appeals and upheld the rights of pre-BSNL compassionate appointees to retain DoT-linked pension benefits

The applicant argued that the respondents’ refusal to extend these benefits to non-litigants, despite being identically situated, was unjust

The Tribunal observed that the applicant had already submitted representations (Annexure A-12) which remained pending

Without delving into the final merits of the claim at the admission stage, the Tribunal determined that the ends of justice would be met by requiring the respondents to perform their administrative duty of evaluating the claim against the established legal framework provided by the Supreme Court and High Court

It directed the competent authority among the respondents to consider the applicant’s representations (Annexure A-12) in the specific light of the judgments in Civil Appeal No. 4690/2012 and WP No. 3263/2024

The respondents are ordered to pass a speaking and well-reasoned order within three months from the date of receipt of the copy of the order