Central Administrative Tribunal - Hyderabad
Bijja Sujata vs Bharat Sanchar Nigam Ltd on 10 December, 2018
OA/021/796/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
HYDERABAD
OA/021/796/2017 & Dated: 10/12/2018
MA/021/645/2017
Between
1. Bijja Sujata,
S/o. Bijja Srinivas,
Aged about 23 years,
Occ: House Wife,
R/o. H.No.5-3, Gottimukkala Village,
Vikarabad Mandal and District.
2. Yangal Prameela,
W/o. Yangal Srikanth,
Aged about 26 years,
Occ: House Wife,
R/o. H.No.2-5-108/4,
Shantinagar, Narayanapet,
Mandal, Mahaboob Nagar District.
... Applicants
AND
1. The Union of India rep. by its
Secretary,
Ministry of Telecommunications,
Sanchar Bhavan, Ashoka Road,
New Delhi - 110 001.
2. The Principal General Manager,
Telecom District (Hyderabad),
BSNL Bhavan,
Hyderabad - 500 004.
3. Area Manager (Rural),
1st floor, Towli Chowki,
Exchange Building, Towli Chowki,
Hyderabad - 500 008.
4. The General Manager (South) (CFA),
BSNL, Malakpet,
Hyderabad.
... Respondents
Page 1 of 3
OA/021/796/2017
Counsel for the Applicants : Mr. G. Satyanarayana Reddy
Counsel for the Respondents : Mr. M.C. Jacob, SC for BSNL
CORAM :
Hon'ble Mr. B.V. Sudhakar, Admn. Member
ORAL ORDER
(Per Hon'ble Mr. B.V. Sudhakar, Admn. Member) The OA is filed challenging the inaction of the respondents in disbursing terminal benefits to the applicants.
2. The applicants are the legal heirs and natural daughters of the missing employee who worked for the respondents' organisation. The employee was missing since 1.3.2008 and when a police complaint was lodged it was investigated and a final report stating that the person was undetectable was given by the police to the competent Court on 30.7.2014. The 3rd respondent has issued a final order of compulsory retirement of the missing employee on 21.2.2013 after initiating disciplinary proceedings. Consequent to the action of compulsory retirement the applicants have made several representations on 20.11.2013, 1.9.2014, 21.11.2014, 27.11.2014 & 29.9.2015 for release of terminal benefits. However, there being no response from the respondents, the OA has been filed.
3. The contention of the applicants is that after the father of the applicants was officially declared undetectable based on which he was Page 2 of 3 OA/021/796/2017 compulsorily retired from service, there is no reason for the respondents to withhold the terminal benefits.
4. Respondents confirm that the missing employee was compulsorily retired from service as he was not attending duty. Based on the Police report to the competent Court declaring the missing employee undetectable, the competent authority declared the penalty of compulsory retirement null and void treating the missing of the employee as deemed death on 27.8.2018. The respondents vide proceedings dated 29.8.2018 have also sought for claim papers to settle the terminal benefits of the ex employee in accordance with rules.
5. In view of the submission of the respondents, the OA is disposed of directing the respondents to release the terminal benefits as per rules within 60 days from the date of receipt of this order.
6. MA/21/645/ 2017 filed by the applicants stands disposed accordingly. No order to costs.
(B.V. SUDHAKAR) MEMBER (ADMN.) pv Page 3 of 3