<PT.lJ.l1JL~. JIT.1;f.0/0 CGMT, AP CirclecfRRl~, ~.~.1ff.~ 'l-fCR3rd Floor, BSNL BhavanRNF1Qlsi VIjAYAWADA-520004Ph. +91-0866-2444677

BHARAT SANCHAR NIGAM LIMITED(~ '€i'(Cf) R cpr \3£ll1 )

A Govt. of India Enterprise)'*U~ q~tjscl

Andhra Pradesh Telecom Circle

2017-18 7 Dtd. atV -10-2017

To,All SSAHeads,AP Telecom Circle,BSNL.

Sub:-Directives of Corporate office, New Delhi on Implementation of Supreme CourtJudgement on recovery of excess/wrongful payments made to employees in BSNL-reg.

Ref:- CO, New Delhi Lr. No; 1-6/2016-PAT(BSNL) Dtd. 19.09.2017

Vide CO, ND, letter under reference Circle is authorised to take a decision on factual

position in individual cases pertaining to non executive cases for waiving of recovery prior to the

date of issue of DOP&T OM No. 18/26/2011-Estt.(Pay-l) Dtd. 06.02.2014.

Further, CO, ND directed that,

(i). After issuance of DOP&T OM dated 06.02.2014 all recovery cases of Non-executives are

to be sent to BSNLCorporate Office as per the procedure prescribed in BSNLCO, ND letter dated

23.03.2017.

(ii). In case of Executives all recovery cases are required to be sent to BSNLCorporate Office

as per the procedure prescribed in BSNLCO, ND letter dated 23.03.2017.

In the light of the above, the required details may be furnished in the proforma duly

enclosed here with for taking further necessary action on or before 31.10.2017.

a"'-:S"if, ~'L ~~~~~~'f\9-

Asst. General Manager (Admn)q5l.1i.11.~.~.-3ft.~.<rHiill,{ q~lOj\Se10/0 CGMT, A.P Telecom Circle!41i14Q/l5f Vijayawada - 520004

DA: (i). Prescribed proforma containing 25 cotoumns(ii). Letter under reference

· t:\

Profarma

Original pay fixation particulars Revised pay fixation particulars

Whetheremploee put

Whether on notice atemploee put on the time ofnotice at the time payment thatof payment that anyexess

Period during anyexess Period during paymentOriginal pay which it is Amount paid payment would Revised pay which it is would be Total Amount to be

Name of the Working / Date fixation order operative during the be !equired to be fixation order operative From Amount required to be recovered due to5 No SSA Official HRMS No of Retirement with date From ..to period refunded with date .. to arrived at refunded revised pay fixation

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

Nature of Recovery

c0

whether any..,'"action taken"0cOJ

against the « EVI E

Whether any erring VI 0.•.. u

corrective employees0 ~c0 ~

action responsible for ., .g'"pursuant to wrong fixation "0 cCOJ 0

Amount Amount of over payment Reasonfor the wrong / any other E..,'"E u

already Date of DOT Head BSNLHead Balance Amount to from 29-09-2012 to Wrong/ Over payment? If reason of over 0<;::

u ~recovered amount amount be recovered Revised pay fixation date payment not then why payment OJ ~recovery a:

(15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25)

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BHARAT SANCHAR NIGAM ltd.(A Government oj India Enterprise)Corporate Office, (PAT SECTION)s" Floor, Bharat Sanchar Bhawan,

Janpath, New Delhi -110 001.

No.1-6/2016-PAT (BSNL) Dated 19.09.2017

ToAll Heads of Telecom Circles/Telephone Distt./Regions/projects/TelecomStores/Telecom Factories & other Administrative officesBharat Sanchar Nigam Limited.

Sub: Implementation of Supreme Court judgment on recovery of excess/ wrongfulpayments made to employees in BSNL - reg.

Sir,Vide this office letter of even no. dated 09.09.2016 and 23.03.2017.1 instructions

have been issued to examine the cases of excess/wrongful payment made to BSNLemployees and send the cases, wherever, waiver of the excess/wrong payment isconsidered necessary in the light of the decision dated 18.12.2014 of Hon'bIe SupremeCourt in the case of State of Punjab & ors. Vs Rafiq Masih (White Washer) etc. in CANo. 11527 of 2014. Further, instructions have also been issued on 08.05.2017 to send thedetails of such cases SSA-wise in a specified proforma.

2. It is relevant to mention that Hon'ble CAT Principal Bench, New Delhi in itsjudgment dated 12.05.2017 in OA No. 792/2016 in matter of Navneet Rai Rishi Vs UOI&. ors. has dismissed the case of the applicant for refund of amount which has alreadybeen recovered. The operative portion of the judgment is as follows:

"Ihejudgment of the Hottble Supreme Court in State of Punjab and ors. Vs RafiqMasih (whitewasher) and ors. «2015)4 SCC 334), which, for equity, prohibits, incertain situations, recovery from employees, where payments have mistakenlybeen made by employer, in excess of their entitlement, is in applicable tc thepresent case. Further, in High Court of Punjab and Haryana and ors. Vs [agdeoSingh «2016) 14 SCC 267), the Honble Supreme Court held that the principle ofnon-recovery from retired employees would not apply in the case of an employeeput on notice at the time of payment that any excess payment would be requiredto be refunded.

Regd. & Corporate office: Sharat Sanchar Shavan, H.C Mathur Lane, Janpath New Delhi - 110001.Corporate Identity Number (CIN): U74899DL2000GOl107739 www.bsnl.co.in

3. The matter of recovery has been further examined in consultation with legalbranch of CO BSNL which has opined that the decision of Hon'ble Supreme Court (inthe matter of Rafiq Maish (white washer)) is aimed to expiate the hardships due torecovery of wrongful overpayment. Also the Hon'ble Supreme Court vide its judgmenthas clearly summarized the model situations wherein recoveries by the employerswould be impermissible in law. DOP&T and the DOT has also conveyed theirguidance/ decision for appropriate implementation (as conveyed vide this office lettersdated 09.09.2016 and 23.03.2017).

In view of above, I am directed to convey that;

(a). Circle is, hereby, authorized to take a decision based on factual position inindividual cases pertaining to Non-executive cases for waiving of recovery prior to thedate of issue of DOP&T OM No. 18/26/2011-Estt. (Pay-I) dated 06.02.2014..

(b). After issuance of DOP&T OM dated 06.02.2014, all recovery cases of Non-executives are to be sent to BSNL Corporate office as per the procedure prescribed inthis office letter dated 23.03.2017.

( c). In case of Executives, all recovery cases are required to be sent to Corporateoffice as prescribed in this office letter dated 23.03.2017.

4. In respect of 3(b) and 3 (c) above, the details of the case shall be sent to BSNL COin the following format:

Category of Nature of Reason for Recommendation Justification Remarkemployee recovery wrong of Circle for (4)(Executive/N implementation (Yes/No)on-executive)

(1) (2) (3) (4) (5) (6)

Yours faithfully

(SheO~Dy. General Manager(Estt.-I)

Tele No. 23715155

Regd. & Corporate office: Bharat Sanchar Bhavan, H.C Mathur Lane, Janpath, New Del~,1-110 001.Corporate Identity Number (CIN): U74899DL2000G01107739 www.bsnl.co.in