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.

Dear Friends,

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.

Dear Friends,

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.

Hon SC bench observed to consider whether to give a conclusion or to refer the issue to a larger ( 3 ) bench and accordingly may pass the order by 24th August 2021. The Hon Court also observed that they cannot ignore or check the question of correctness of ruling by a coordinate bench. The distinction between exempted organisations and unexempted. organisations also came for discussion today.

The Hon’ble SC yesterday heard the arguments of EPFO against the decision of Hon HC Kerala judgement and other connected orders which quashed the EPS(amendment)-2014. Hon HC Kerala earlier set aside the EPFO amendment by judgement in 2018 and declared that all the EPF covered employees shall be entitled to exercise the higher pension option without being restricted to a particular date and allowed the 12 month average salary condition instead 5 years. In April-2019 Hon SC had dismissed the SLP by EPFO against Hon HC Kerala and later in January-2021 a three bench judge recalled the dismissal order in the review petitions filed by EPFO and posted for hearing- which is happening now along with various connected petitions across country. The final judgement arose on WPC 13120/2015 from Hon’ble HC, Kerala. AIGETOA Kerala Circle Secretary along with 504 BSNL recruits including executives and non Executives are connected with the order on WPC 13120/2015 against which the arguments are happening now.

Click here for a summary document of various Hon Court proceeds and part of order copy

This being the factual information, it is seen that some informational claims started propagation where as neither that association nor it’s member (other than those who joined the EPF case along with AIGETOA Kerala) are not even a party to this legal fight. Let’s not forget that this particular association’s negative followers were very much vocal against reaching to Hon Court when our team decided to seek legal remedies for EPF full Pension option. Anyways, we are happy to see that they have understood the need of legal fight on this matter. It is also pertinent to mention that they are masters in credit mongering especially when it comes to benefits of BSNL Recruit’s without any actual ground work. The same type of elements had mislead the SAB Pension Vs EPF till AIGETOA opened the reality i.e. both are different. If the Rule-37A Clause 23 as envisaged at time of incorporation of BSNL then SAB would have effected from date of joining of BSNL recruits, then the story would have been different. From this aspect itself it was known that they were not at all interested in realizing the due rights of BSNL recruits. Let’s hope that legal fight for EPF Full Pension and average Salary condition to 12 month’s will be upheld by Hon SC also to help the people who are not protected by the Government statutory Pension. The arguments will continue today.

The court case filed at Hon’ble CAT Jabalpur by some executives on JTO to SDE DPC promotion has been dismissed on 01.07.2021. AIGETOA was trying hard to revoke the stay by the Hon’ble Court and finally truth prevailed in the form of dismissal. This dismissal of the case once again vindicated our stand and now we request the management to issue the JTO to SDE promotion without further delay. We request all JTOs to shun this crab culture as it is not going to benefit anyone. Instead let’s join hand together to support each other and ensure rightful due. We assure to stand for one and all executives including JTOs) irrespective of their belongingness and affiliation.