C.W.P. No. 14911-CAT of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 14911-CAT of 2010 Date of Decision 20.08.2010 BSNL and another -----Petitioners Versus Subhash Chander and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. D.R. Sharma, Advocate for the petitioners. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant petition filed by Bharat Sanchar Nigam Limited (for brevity 'the B.S.N.L.') and its officers challenging the view taken by the Central Administrative Tribunal, Chandigarh Bench (for brevity 'the Tribunal') in its order dated 22.01.2010 while disposing of three applications filed by the applicant-respondents. These employees had claimed that after their compassionate appointment in the department of Tele Communication, which was later on taken over by the B.S.N.L. They were absorbed by the B.S.N.L. in Group 'C' and 'D' posts subject to the conditions of absorption as given in the notification dated 02.01.2001 (Annexure P-2). The notification stipulated that the casual labourers/ temporary status mazdoors who were regularized or persons who were appointed by the B.S.N.L. on compassionate ground on or after 01.10.2000, as nominees of the employees who died-in-harness upto 30.09.2000, were to come under the GPF Scheme and not under the EPF/CPF Scheme. The clarification issued in 2005 (Annexure P-3) C.W.P. No. 14911-CAT of 2010 -2- reiterated the aforesaid notification dated 02.01.2001 (Annexure P-2). The applicant-respondents had exercised their options for absorption in the B.S.N.L. as required. The Tribunal after setting out the pleadings of the parties held that persons appointed by the B.S.N.L. on compassionate ground on or after 01.10.200 as nominess of the employees of DOT/DTS/ DTO and who died-in-harness upto 30.09.2000 were to be covered under the GPF Scheme. The Tribunal further observed that the clarification has never been withdrawn by the B.S.N.L. till date. The aforesaid category of persons covered by the instructions are a class by themselves. The order to the contrary dated 08.08.2008 withdrawing the benefits has been rightly quashed by the Tribunal. After hearing learned counsel for the petitioners and perusing the paper book, we are of the considered view that no exception is provided to interfere in the view taken by the Tribunal. The applicant-respondents are covered by the instructions dated 02.01.2001, which has been reiterated in the year 2005. Therefore, the applicant-respondents would be entitled to benefit of GPF Scheme. As a sequel to the above discussions, the instant writ petitions fails and the same is dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) JUDGE August 20, 2010 Atul