Jaspreet Randhir Kaur 27 April 2019

BSNL is about to shut down so who gonna pay for the service benefits

can anyone help me out with lil information? my father was in bsnl, he went missing in 1999. bsnl filed chargesheet against my father & removed him from services, now my mother gonna file a writ petition in high court. HC gonna rule by allowing us the service benefits because our case is similar to Polimetla Mary Sarojini and another. now bsnl is not able to pay the salary of their employees so how they'll pay the service benefits of my father? my family's financial condition is very bad. this is just last option to get rid of our financial condition.

please let me know, how bsnl gonna pay us? will they pay or what can be the consequences?

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Jaspreet Randhir Kaur 27 April 2019

actually in 2000 my mother lodged an FIR and submitted to the department, dept.told her to come after 7 years. She went in 2007 with an application but they didn't respond then she lodged complaint to head of their department. They said, the personnel file & service book records are missing from the records room. There was no response untill 2010. My mother wrote several letters to them but in vain then again in 2015, my wrote to them a letter to release service benefits. they reverted that dept. filed an charge sheet against my father and removed him from services in 2005 as per records which they found in his service book. they did ex parte enquiry and imposed him penalty then again she wrote back that she filed them soft copy of FIR even dept didn't notified about chargesheet and penalty? but they reverted same what they replied earlier. My mother only got FIR with her but someone told her to get chargesheet and penalty detail through RTI then obtain non traceable report from police but police is not providing non traceable report also someone suggested to file death declaration suit to lower court but her financial condition is that strong for hiring a lawyer but when i heard this news about BSNL, i came here and posted my question?

Jaspreet Randhir Kaur 27 April 2019

police will not provide non traceable without bribe. we'll not get any lawyer who gonna help us without advance fees so tell me Sir how it gonna work? someone suggested us to file death declaration without non traceable report so i just want to ask it possible to file death suit without non traceable and is that possible to get lawyer without advance fees?

G.L.N. Prasad (Retired employee.) 28 April 2019

Let your mother visit to the District Legal Services authority for proper guidance.

Jaspreet Randhir Kaur 28 April 2019

thank you Prasad Sir for your valuable comment. I googled it and found the place I'll approach them in the morning.

Jaspreet Randhir Kaur 28 April 2019

Om Prakash Sir, legal aid will help out with any case? like death declaration suit filing? then after obtaining death suit? what will be the next step? to approach HC or CAT?

Jaspreet Randhir Kaur 28 April 2019

sure Sir, we'll approach the DSLA tomorrow. One last question, can we file death declaration suit without non traceable report of police? police is not providing that, they're seeking bribe from us so is that possible to obtain declaration without that report?

G.L.N. Prasad (Retired employee.) 28 April 2019

File RTI Application and seek information from State Public Information officer, at Station House officer of that Police station.

Information solicited:

1.Please provide status of investigation in missing FIR No......................................

2.Please inform day to day action taken in tracing the missing person.

3.Please provide the reason for not issuing traceable certificate even after registering complaint on......................

Jaspreet Randhir Kaur 28 April 2019

actually we filed the RTI for seeking this information. PIO replied that information is already listed on the official website but there is no such records before 2004. now the concern his raised to his senior officer but he rejected the appeal on same ground, now we raised a complain and someone told us if they will not respond then we need to file an appeal in the court.

now what we should do? appeal to court or file the death declaration to the lower court?

Jaspreet Randhir Kaur 28 April 2019

Om Prakash Sir, i have read that and still have that soft copy with me. Police provided her tracing report after few years. she went to them with FIR and police tracing report but the dept rejected her application on the ground that her husband was absent on duty so they filed an charge sheet and removed him from services. she wrote them twice or thrice for seeking of service benefits of her husband but they rejected her application on the same ground then she filed an OA in CAT, CAT decision was in her favour but then the dept knocked the doors of HC but HC agreed on the CAT's decision.

Jaspreet Randhir Kaur 28 April 2019

we're not rely on RTI. Now we gonna file death declaration to the dist court only with FIR and non traceable report is not required.

thank you ao much for giving your precious time. god bless you Sir.

Jaspreet Randhir Kaur 28 April 2019

Sir I'm deaf-mute but I'll tell my brother if we required any help, he'll call you and explain me further and tomorrow we're going to DSLA for free legal aid.

thank you so much.

P. Venu (Advocate) 28 April 2019

What do you mean by "now my mother gonna file a writ petition in high court. HC gonna rule by allowing us the service benefits"? Has your mother approached the HC? Have they granted the reliefs as sought?

In my understanding, it is the CAT which has the jurisdiction to decide your mother's grievance.

surinder mittal 29 April 2019

your query have many unanswered (rather I say -- unquestioned questions). You even don't aware what needs to include in ur queries...

better -- please ask ur brother to call me (my number mentioned in last line)...

some additional points which u should know...and these points will be helpful to you and ur advocate...

first of all, u somewhere mentioned that ur father turned missing in 1999. it means that he has not opted for BSNL. (if u had mentioned the exact designation ur father was holding, I would be in better state to explain further).

secondly, it's clear that your father has not opted to get absorbed in BSNL, it means your father was governed by rules of DoT and not BSNL.

thirdly, BSNL has no power to chargesheet ur father in any capacity as he was never an employee of BSNL.

Fourth.. even if ur father opted for BSNL (if anything hidden), BSNL has no power to remove ur father from service since the Absorption clause has a safeguard in the Presidential order.

and lots more....

Your father was, is and will be a liability to Department of Telecommunication (and not BSNL)...and u will get the benefits for sure (but don't delay to file the case)

please ask ur brother to call me. I will extend full help as I did a lots of Homework in the issue of transformation of P&T to DoT, DoT to DTS & DTO, DTS to BSNL, BSNL to BBNL etc.

Regards...

Surinder Mittal (+919417583939)

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G.L.N. Prasad (Retired employee.) 29 April 2019

@Surender Mittal...so great and so kind...Highly appreciate the interest taken by you for showing the exact solution and the process. Society requires such persons like you.

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