Andhra Pradesh High Court Orders Release Of Retiral Benefits To BSNL Employee, Citing Four-Year Rule

The High Court of Andhra Pradesh ordered the release of the retirement benefits to a retired Bharat Sanchar Nigam Limited (BSNL) employee, who took voluntary retirement in 2020. Justice Balaji Medamalli allowed the two writs filed by the retired employee, whose pension and other retirement-related benefits were withheld by BSNL.

The legal dispute relates to the alleged bogus date of birth certificate submitted by the employee at the time of his joining the service. In March 1990, the petitioner (retired BSNL employee) was appointed as a temporary Casual Mazdoor in BSNL. In September 1993, his service was regularised. He served until 2019, when he opted for retirement under the BSNL Voluntary Retirement Scheme (VRS) 2019, which was accepted in January 2020. BSNL permitted him to retire with effect from January 31, 2020. In the permission, it was explicitly recorded that no departmental enquiry or proceedings were pending against him.

While the department had accepted his VRS option and relieved him, it withheld his retirement benefits. The benefits, including a pension, were not released for nearly three years. In November 2022, the employee sent a formal request. It was then that BSNL issued him a show-cause notice in January 2023, in which BSNL alleged that the petitioner had submitted his fake date-of-birth certificate at the time of initial appointment.

In response, the petitioner filed his first writ petition in 2023. In response, BSNL issued a formal charge memo to him in September 2023. The petitioner then filed a second writ petition, again in 2023, as per a Live Law report. BSNL contended that it received a complaint against 31 employees in June 2018 for submitting their fake certificates. It mentioned that, as per the rules (Rule 61 of the BSNL Conduct, Discipline and Appeal Rules, 2006), the department is allowed to regulate or withhold retirement benefits.

However, Rule 61(4)(2)(b) does not allow disciplinary action against an employee after four years of the occurrence of the event.

This four-year statutory limitation provides a safeguard to retired public servants against delayed administrative action. The Court observed that BSNL had knowledge of the alleged fake certificate issues as early as April 2018, yet it delayed issuing the charge memo until September 2023. The four-year period had passed due to this delay. The High Court cited Supreme Court precedents in this regard and ruled that proceedings instituted after the passing of the four-year period are legally invalid.

The Court allowed the petitioner’s writ petitions and quashed the charge memo issued to the petitioner in September 2023. The Court directed BSNL to process the retirement benefits and disburse full pensionary and other retirement benefits, along with consequential benefits under the original VRS order of BSNL in 2020, within four months of the judgment date.