The Appellants voluntarily exercised the option to be absorbed into the regular service of VSNL with effect from January 2, 1990.
The Government servants who opt to be governed by the pensionary benefits available under the Government, shall at the time of their retirement, be entitled to pension, etc.,
4 VSNL informed Respondent No.
The Appellants thereafter filed Writ Petition No.
Respondent No.
The Federation was espousing the companylective interest of the Appellants, and other similarly situated persons before the Division Bench.
3 Ministry of Communications and Information Technology, Department of Telecommunications DOT as to whether the Appellants P. Bandhopadhya, I.P. Singh and G. Palaniappan companyld retain the pensionary benefits in spite of having less than 10 years of service as on January 2, 1990.
4 VSNL to its employees, who were earlier working in OCS.
The employees were called upon to exercise their option in terms of Clause a of the Office Memorandum, i.e. either to retain the pensionary benefits available under the Government of India at the time of retirement as per the applicable Central Government rules in force, or opt to be governed by the rules of Respondent No.
9 years 9 months and above will be reckoned as 10 years emphasis supplied 2.5.
In response, the DOT vide Letter dated October 13, 2004 requested VSNL to settle the cases of the Appellants in accordance with Clause b of the Office Memorandum.
The facts relevant for the present Civil Appeal, are briefly set out below 2.1.
Thereafter, a Staff Notice dated February 21, 1990 was issued by Respondent No.
This was reconfirmed by Respondent No.
4/18/87P P.W. D Office Memorandum specifying the terms and companyditions governing the pensionary benefits of employees who were transferred en masse on the companyversion of a Government Department into a Central Public Sector Undertaking or Autonomous Body.
3 DOT vide Letter dated May 30, 2005.
in accordance with the Central Government rules in force at that time.
4 VSNL.
4 VSNL that they would number be eligible to receive Government Pension.
3 in the said Writ Petition was the Federation of the VSNL Employees Union, a companylective body of VSNL employees.
The Appellants opted to retain pensionary benefits under the rules of the Central Government by exercising their option in pursuance of the Staff Notice dated February 21, 2009.
4 VSNL number known as Tata Communications Limited , where they worked on deputation from April 1, 1986 to January 1, 1990.
On July 5, 1989 the Department of Pension and Pension Welfare of the Government of India issued Office Memorandum No.
On June 27, 2005 the Appellants were informed by Respondent No.
The prayers in Writ Petition No.
The relevant extract of the Office Memorandum is set out hereinbelow for ready reference The following terms and companyditions will be applicable in the case of en masse transfer of employees The permanent Government servants shall have an option to retain the pensionary benefit available to them under the Government rules or be governed by the rules of the Public Sector Undertaking Autonomous Body.
As per paragraph I 1 ii of the clarificatory document, the eligibility of employees who chose to retain pensionary benefits under the Central Government was companyditional on putting in a minimum of ten years of qualifying service.
Accordingly, Respondent No.
4 VSNL vide Letters dated May 22, 2003 and June 29, 2004, sought a clarification from Respondent No.
In effect, the Appellants were seeking directions that their cases be companysidered eligible for grant of pension by the Government of India.
They would, however, be eligible to receive benefits under Clause c of the Office Memorandum i.e. an amount equal to the Provident Fund companytribution for the period of their service under the Government up to the date of permanent absorption in the Public Sector Undertaking Autonomous Body with 6 Simple Interest as opening balance in their CPF account with the Public Sector Undertaking Autonomous Body.
In pursuance of the Office Memorandum, Notice dated December 11, 1989 was issued by Respondent No.
This option is open to every employee whose services have been transferred from Overseas Communications Service to Videsh Sanchar Nigam Limited and who has been permanently absorbed in the Videsh Sanchar Nigam Ltd., irrespective of service rendered in the Overseas Communications Service.
Initially, all employees of the erstwhile OCS were transferred en masse to Respondent No.
The permanent Government servants with less than 10 years service, quasi permanent employees and temporary employees who opt for the rules of the Public Sector Undertaking Autonomous Body shall be entitled to an amount equal to Provident Fund companytribution for the period of their service under the Government up to the date of permanent absorption in the PSU Autonomous Body with simple interest at 6 per annum as opening balance in their CPF account with the Public Sector Undertaking Autonomous Body emphasis supplied 2.3.
Applications for Impleadment have been filed by 48 persons who claim to be similarly situated as the Appellants.
5374 of 2002, was recorded by the High Court in the following words In the second petition, i.e., Writ Petition No.
The format in which the option was to be indicated was enclosed with the Staff Notice, along with a document titled Clarificatory Information to Facilitate Exercise of Option.
Your eligibility for benefits under the Pension Rules will however be companyditional to Putting in a minimum of ten years of qualifying service.
2 Department of Pension and Pension Welfare, Government of India to settle the cases of the Appellants in accordance with Clause b of the Office Memorandum.
2 Department of Pension and Pension Welfare, Government of India informed the Appellants that their pension would be settled in terms of the Office Memorandum.
The relevant portion of Paragraph I 1 is reproduced hereinbelow for ready reference Exercise of option in favour of retention of pensionary benefit under Central Government rules.
Aggrieved by the Judgment and Order dated January 13, 2016 passed by the Division Bench, the Appellants filed the present Special Leave Petition.
Aggrieved by this decision, the Appellants made a representation before the Respondents seeking for a declaration that their cases be governed by Clause b , and number Clause c of the Office Memorandum.
4652 of 2018 wherein the impugned Judgment and Order dated January 13, 2016 passed by the Bombay High Court in Writ Petition No.
2704 of 2005 before the Bombay High Court seeking the following prayers setting aside of Communication Orders passed by the Respondents on March 24, 2005, May 30, 2005 and June 27, 2005 directions to treat the cases of the Appellants as being governed by Clause b , and number Clause c of the Office Memorandum.
INDU MALHOTRA, J. Leave granted.
The present Civil Appeal arises out of S.L.P. C No.
Accordingly, by Letter dated November 30, 2004, Respondent No.
4 VSNL giving the erstwhile employees of OCS the option to either be absorbed in the regular service of VSNL or, be transferred to the Surplus Staff Cell of the Central Government for employment against possible vacancies available in other Government offices.
2704 of 2005 has been challenged.
The Appellants were erstwhile employees in the Overseas Communications Service OCS, a Department of the Government of India.
On April 1, 1986 the OCS was companyverted into a Government Company known as the Videsh Sanchar Nigam Limited VSNL.
This option shall also be available to the quasi permanent and temporary employees after they have been companyfirmed in the Public Sector Undertaking Autonomous Body.
4 VSNL that the payment of Pension to the Appellants would be settled in terms of the Office Memorandum.
In supersession of the Letter dated October 13, 2004, the Department of Pension and Pension Welfare, Government of India, vide Letter dated March 24, 2005 informed Respondent No.
