SNPWACHQ

03-Jul-2026

Delhi High Court rules BSNL/MTNL absorbed DoT employees not eligible for 7th CPC pension revision: - Delhi High Court has ruled against pension revision for former DoT employees absorbed into BSNL/MTNL under the 7th Central Pay Commission. The court clarified that these individuals, governed by Rule 37A of pension rules, are subject to PSU pay structures and the Industrial Dearness Allowance regime, not Central Pay Commission recommendations. This decision overturns a previous CAT order.
View The Ecnomic Times News

02-Jul-2026

Pension Revision case - Judgement delivered by Hon HC of Delhi on 01-07-2026:

FINAL CONCLUSION:

Rule 37A of the CCS (Pension) Rules, 1972 prescribes special statutory framework governing erstwhile Government servants who were permanently absorbed in PSUs. Upon such absorption, the respondents ceased to be Government employees, their posts under the Government stood abolished and they were fitted under the IDA scale. Accordingly, consequent to such absorption,they shall be governed by the rules of the concerned PSU and be subjected to recommendations of the Pay Revision Committee.Hence,they cannot claim benefit of recommendations of the Central Pay Commission.

As per Rule 37A, while the Government bears the pensionary liability of the absorbed employees, such employees are still subject to sub-Rule 8 for the calculation of their pension.The source of payment does not determine the nature or extent of the right.

Properly construed, Sub-Rule 8 is nothing but a promise of extending the same formula to the absorbed employees which is applied for Central Government employees for the calculation of pension. The formula referred to is the one which shall be in force at the time of retirement or death of such absorbed employee.The Rule neither preserves the status of the absorbee as a Government servant nor creates a continuing right to claim every future benefit that may be extended to Central Government pensioners.Accordingly, this Rule does not entitle the respondents to any other benefit that may arise in the future after their retirement.

We accordingly hold that neither Rule 37A nor any of the Office memoranda relied upon by the respondents confer a right upon combined service pensioners governed by the IDA regime to claim revision of pension pursuant to the recommendations of the 7thCPC. This is because the recommendations of the 7th CPC only apply to Central Government employees and absorbees of BSNL / MTNL who draw pension on pro-rata basis from the Government. The respondents do not fall under either category. Moreover,since the underlying pay structure applicable tothe respondents has not been revised as per the 3rdPRC, the question of consequential revision of pension does not arise.

For all the aforesaid reasons, the impugned order dated 20.09.2023 passed by the learned Tribunal cannot be sustained and is set aside. Accordingly, this batch of writ petitions stands allowed in the aforesaid terms. Pending applications, if any, stand disposed of. There shall be no order as to costs.

View Hon High Court of Delhi Judgement copy

02-Jul-2026

Comrades yesterday, on 1st July, 26, GS /SNPWA alongwith Com Anupam Kaul, DGS/ AIBSNL PWA, Com Ishwar Singh Das, AGS/ NCCPA and Com Mudgil , GS / MREWA met Sh Varun Singh, Senior Counsel Supreme Court and MS Kajal Gupta her Junior Counsel at their Chambers in Defence Colony at 1700 hrs.Shri. Varun Singh joined us after quite some time since he was busy in Court and reached late.
When asked why WP filed by NCCPA Challenging Validation Act, 25, was clubbed with WP of S30, he informed that Validation Act, 25, was invoked by U.O.I to deny Pension Revision to S30 Pensioners in Delhi High Court while a Contempt case was heard by Delhi High Court and the S30 were asked to challenge it before Supreme Court.
Thus, in essence, while Validation Act, 25, has been invoked by U.O.I to deny Pension Revision to S30, S29 and other similarly placed Pensioners, Writ Petition filed by NCCPA was naturally clubbed with WPs filed by these Pensioners Associations since the relief sought is identical.
Whether WP filed by NCCPA has directly challenged the Constitutional Validity of the Act on the grounds that is is violative of Article 14 of the Constitution, Mr Varun Singh that Constitutional Validity has not been challenged directly since Govt. has not directly invoked Article 14 of the Constitution.
Government has surreptiously invoked Validation Act, 25, to deny Pension Revision to S30, of which Article 14 is a proviso. Thus Article 14 has been indirectly challenged since it is Part of the Validation Act (being proviso of the act). Thus, as such, Validation Act could not been directly challenged on the grounds that it is Violative of the Basic Structure of the Constitution since Article 14 has been invoked in a very clandestine manner in the Validation Act, 25.
After having discussion on other related Aspects, Sh Varun Singh informed that on 25th Aug, 26, the matter is listed on the top of the Board for final disposal and will surely be heard. Yes, on being asked whether WP filed by NCCPA has been admitted, MS Kajal Gupta informed yes it has since been admitted and notice has been issued to U.O.I.
MS Kajal Gupta informed that site of Supreme Court does get updated for a long time and that the reason that Site shows WP pending for admission. However, on logging in yesterday the site of Supreme Court, Status of WP is updated and Notice issued is mentioned on the site of Supreme Court.
We expressed our thanks to both Mr Varun Singh and MS Kajal Gupta for sparing their time to apprise us of latest developments relating to WP filed by NCCPA.
Discussion lasted for about 45 minutes and main interaction took place with MS Kajal Gupta who is handing the case and is very thoroughly apprised of the whole issue in its totality.
The meeting was arranged by Com Jayraj, Officiating SG/ NCCPA.
Comrades Yesterday, while discussing Validation Act with MS Kajal Gupta, we apprised her about allowing of WP filed by U.O.I against the Judgment of Hon. PB CAT ND.
MS Kajal Gupta mentioned that Hon. Kerala High Court has already granted the Benefit of Pension Revision to a Pre 2006 retiree of BSNL at par with Central Government Pensioners and that Review Application filed by U.O.I has been dismissed by Hon. Kerala High Court (This all were were aware about).
However, while granting the benefit of Pension Revision to an absorbee Pensioner, Hon. Kerala High Court has restricted the benefit to the absorbee alone and stated that main Applicant i.e AIBSNLPWA cannot be extended the said benefit in a repressenrative capacity. (This also we were aware about and this demonstrates how Cautions Courts are about Financial Implications on the Ex Chequer).
However, what was not known to us is that AIBSNL PWA has filed an SLP before Hon. Supreme Court challenging the direction of Hon. Kerala High Court to the extent that Association (AIBSNL PWA) has been excluded by Hon. Kerala High Court from extending the said benefit.
The said SLP is coming up for admission on 12th July, 26, in Hon. Supreme Court as informed by MS Kajal Gupta. If SLP is admitted by Hon. Supreme Court, it opens a window for us to implead in the case, as was revealed by MS KajalGupta. However, it is too early and premature to conclude conclusively at this stage.
But what is significant is that, as of now, we have two conflicting Judgments of Hon. High Courts on the same matter. Delhi High Court denying the benefit of Pension Revision while Hon. Kerala High Court having already extended the benefit, even though to a single Pensioner. We shall be following it up more closely.

01-Jul-2026

BSNL OM on Grant of Notional increment in Family Pension 01-07-26:
DoT has clarified that the benefit of Notional increment granted in terms of DoPT OMs and DoT OM is only admissible for calculation / Revision of Pension and shall not be extended for Fixation / Revision of Family Pension.
View BSNL OM Copy

01-Jul-2026

Judgment of Pension Revision case by Hon. High Court of Delhi:
The bench allows WP filed by U.O.I and dismisses the order passed by Hon.PB CAT, New Delhi.

Last Updated on 03-Jul-2026