The case was listed for hearing at CAT Chandigarh S No. 32. Hearing couldn’t take place as listened till S No 25 only. AIGETOA team was present in the court for the hearing. Initially the case was being posted much later in July, however after strong pursuance of the team, it was preponed to a short date citing the reason of pendency of the case for last 5 years. The next date of hearing is 25th May 2023.
It’s a great pleasure for AIGETOA to inform you all that, Now all EPF/EPS enrolled Employees can exercise their joint option under para 11(3) and 11(4)of EPS -1995 for full pension in the online link.
EPFO made the changes as per verdict of Hon. High Court of Kerala Judgment on Saheer S V Union Of India WPC (C) 8979/2023, and AIGETOA the recognised executive association (through WPC 11554/2023) to modify the online mechanism pertain to 26(6) approval with in 10 days from the order else collect the of physical options. Accordingly EPFO now modified earlier mandatory field of approval of 26(6) made as non mandatory, so that all interested eligible EPS-1995 enrolled persons can submit their option successfully.
It is a pride moment for AIGETOA and employees in BSNL that, we the employees of BSNL made it possible to overcome the hindrance created by EPFO.
AIGETOA soon will be calling General Meeting for all to explain the modalities for submission and till then all are advised to get ready EPF option documents/dates and don’t Submit the option and may just Save the same in the option link if needed.
We thank entire AIEGTOA Kerala Team for Favorable decision in EPF Higher Pension Case. AIGETOA as representative association of BSNL is direct party in the case vide connected matter 11554/2023. Hence these landmark order which will pave the way for opting higher pension in EPF for all BSNL Recruits. The order is applicable to all the BSNL employees.
EPF Full pension option Legal Case update : Clarification on 26(6) approval
Today (10th April 23) further detailed arguments held at Hon’ble High Court, Kerala on the writ petitions filed by Shri Saheer &, Ors, AIGETOA Vs GOI, EPFO & BSNL on the need of 26(6) approval alongwith the online enhanced pension option processor. The heated arguments lasted about 1hr 20 minutes where Sr. Counsels from employees side (represented by Shri Saheer & Ors, AIGETOA & Ors ) and EPFO side were present. Our advocates placed all the relevant documents and the deliberations gone through all the nitty gritty part of HonSC Judgement dated 4/11/22, RC Gupta judgement, Sasikumar Judgement etc . Our legal team had placed various circulars from EPFO and strong arguments in support of employees due rights. The point matter on Unexempted organizations ( BSNL ) also referred specifically.
Hon’ble Bench (this was the 4th sitting on the matter) was very much concerned about the employees right to submit the options and made comments against on EPFOs stand on 26(6) approval submission.After strong arguments from our counsels Hon’ble Bench posted the case for orders on 12/04/2023. Final concluding remarks to EPFO was that they can submit suggestion if any on positive side , so that how to allow employees to submit the option under 11(4) without obstructions. Let’s hope for the positive outcome. AIGETOA and its team is a firm believer in appropriate action at the appropriate point of time and accordingly, we went through the actual process to be followed through legal way.
No doubt, yesterday order of Hon’ble PCAT is a big set back as we were expecting a positive outcome from this. However we have gone through the orders and we have concluded that the basic contention in our OA has not been addressed to our satisfaction and in our opinion there are many aspects of the issue which needs a wider lookout. Accordingly AIGETOA CHQ has decided that applicants in the case will file an appeal in higher court. Accordingly our legal team has deputed itself on job and shall be shortly consulting various advocates on the matter and will go with the best advocates to ensure justice for the cadre. Despite the setback, we request all to maintain calm and patience. Justice will definitely be ensured one day.
Further some groups are trying to encash on this situation and are trying to demotivate our rank and file. We request one and all not to pay heed to such persons or groups. Having done nothing for years, they only believe in criticising others. Let’s ignore them and concentrate on larger cause.
We assure one and all that we will definitely ensure justice for all.
In an MA filed by AIGETOA and it’s members at PCAT on 14th March 2023, Hon’ble Court has directed BSNL not to fill up the vacancies of Management Trainees without obtaining prior permission of the court.
We have firm expectations from the court case filed on MT process and it seems Hon’ble court is also aware of the merit in the process and accordingly provided relief to AIGETOA and it’s member applicants.
Friends, we apologize for the delayed information in this regard but keeping in view the criticality of the matter and the complexities of the court proceedings, we decided to wait for final written orders from Hon’ble Court.
Opposite side tried it’s best till last hour but couldn’t succeed.
Next date given in AO to CAO court case at Hon’ble Chandigarh CAT. Arguments happened for almost one and half hours but the case was posted for further arguments on 10th April 2023.
The court case on AO to CAO promotions is listed for today at SL No. 41, 43. AIGETOA Team consisting FS CHQ Shri Badri Kumar Mehta, Joint Secretary (North) Shri Amit Roy, CS AIGETOA Punjab Shri Yogesh Chhabra and FS AIGETOA Punjab Shri Vineet Bhandari shall be present in court on behalf of AIGETOA. Case has been exclusively listed at 2:30 pm today and is likely to be decided. We have also ensured that things remain in ready mode from BSNL Side to issue the promotions immediately without any delay. Senior counsel from Hon’ble Supreme Court shall be attending the hearing on behalf of BSNL.
Let’s all pray that today case is decided and we can see the long awaited promotions in AO to CAO grade can take place which will open up the path for JAO to AO promotions also.
As double bench was not available today also, the new date was being given as 9/1/23.
However, after strong persuasion and request by our team for early hearing, the date was preponed to 5th Dec 2022.
Thanks to Sh Vikas Gupta CP Punjab for persuasion at Hon’ble CAT and Sh Sunil Guatam AGS for coordinating.
AGM Promotion case listed for today couldn’t be heard as the Hon’ble judge not attended the court due to health issue. Now the case may be heard tomorrow once the court resumes.