20th June,2017 was one of the hottest days in New Delhi. While going through the mail of the day at our Union Office, Dada Ghosh Bhawan, New Delhi, there was a thick cover which was opened the last.The covering letter was by one Shri. Rajesh J Andraj, practising advocate, Pune and former BSNL employee. It was on his failed efforts for Family Pension to the wife of a missing Telecom Mechanic, Shri. Krishnappa Balappa Kumbhar of GMT, BSNL, Kolhapur, Maharashtra. On going through the copies of the representations sent to CMD,BSNL, Secretary DoT and Secretary, DOP&PW, what could be understand are as follows;Shri. Krishnappa Balappa Kumbhar Telecom Mechanic GMT Kolhapur Maharashtra went missing on 05-10-2002. The search to find out him by his family and some of his colleagues on the subsequent days didn’t succeed. Thereafter a complaint was lodged with the local police station and FIR registered on 16-10-2002. These were duly intimated to his office, GMT, Kolhapur. However, the BSNL Kolhapur administration extended no help to the hapless family of the missing employee consisting of his wife and two school going children. Instead they hurriedly issued a charge sheet under Rule 14 of CCS( CCA) Rules against the missing employee for absconding and unauthorized absence from duty. They were not prepared even to wait for the police enquiry and report. An inquiry was conducted exparte and the missing employee, virtually dead, was dismissed from service. They conveniently ignored the rules and procedures which stipulate approval of DoT to impose major punishment on absorbed BSNL employee.Meanwhile, the police enquiry also yielded no result. The family of the missing employee, having lost the head of the family and the only earning member, was slipped to utter poverty and starvation. As per rules, the salary arrears, leave encashment and GPF could have been paid to family by the BSNL Kolhapur administration as an immediate relief. But nothing was done and the family was pushed to distress. So the widow of the missing employee, Smt.Shanta Krishnappa Kumbhar started to work as a homemaid in some of the neighborhood houses to meet the expenditure to pull on the family.After one year the widow approached BSNL, Kolhapur administration for family pension. She was told to meet them after five years.The poor woman once again met the BSNL, Kolhapur administration on expiry of five years for family pension. This time, they seemed to be a bit reasonable to assure her that they will seek a clarification from the Controller of Communication Accounts Maharashtra whether she is eligible for family pension. Nothing was heard from the BSNL authorities for another six months. So she was compelled to approach them once again and was told that they have not received any clarification from the CCA, Maharashtra and it means that she is not eligible for family pension.!.It was under these circumstances that the family approached Shri.Rajesh J Andraj for help. The family was obviously not in a position to afford the expenditure to seek legal remedy. Therefore, Shri. Rajesh J Andraj prepared representations quoting relevant rules for grant of family pension and sent to CMD BSNL, Secretary DoT and Secretary DOP &PW and registered with the Grievance portals of both DoT and DOP&PW. But all these authorities simply forwarded the representation to the erred and crul BSNL, Kolhapur administration for necessary action and closed the case. The arrogant BSNL, Kolhapur administration disposed the representations sticking to their earlier stand that no family pension will be granted in dismissed cases and even dared to warn rather mocked the poor woman that no use in going to the higher authorities.All India BSNL DOT Pensioners Association at that time had no Branch at Kolhapur and it was not known how Shri.Rajesh came to know about AIBDPA. Anyhow it is a matter of pride that he has selected AIBDPA as the right organisation to deal the issue.A draft letter to CMD, BSNL was prepared then and there . Actually, the issue seemed to be very serious and genuine which warranted urgent action. The agony and sufferings of the hapless and poor family of the missing,virtually dead, Telecom Mechanic for the last 15 years were beyond imagination.In the letter, the relevant rule 54 of CCS(Pension) Rules,1972 was quoted wherein the procedure to be adopted in the case of a missing employee has been laid down. Accordingly, once the FIR is registered, the family of the missing employee is entitled to get the salary arrears,if any, leave encashment and GPF as immediate relief on submission of an indemnity bond to the effect that the entire amount will be returned in the event of return of the missing employee. Subsequently, the application for death Cum Retirement Gratuity are to be processed.Issuing charge sheet against the missing employee and subsequent exparte dismissal by the BSNL Kolhapur administration also was unwarranted and violative of the rules and procedures. No words were minced in condemning the atrocious and illegal actions of the BSNL Kolhapur administration and demanded suitable action against those responsible.The letter was given to CMD, BSNL, Director (HR) and GM( Establishment) by hand. The AGM( Estt) who was to initiate action was also met handing over a copy of the letter. After one week, letter with necessary modifications was also sent to the Honourable Minister for Personnel, Public Grievances and Pension and copy sent to Secretary, DoT and Secretary DOP &PW.The AGM( Estt) , BSNL Corporate Office acted swiftly by forwarding CHQ letter to CGMT, Maharashtra and stating that the dismissal of the missing employee without waiting for the police report is primafacie illegal and report sought on action taken. But there was no response from CGMT, Maharashtra even after two months. And on our intervention Ms.Sujata T Ray, Director (HR) wrote two DO letters to CGMT Maharashtra for urgent action and extension of immediate relief to the family of the missing employee. The DoT also through CCA, Mumbai asked GMT, Kolhapur to process family pension to the widow of the missing employee. Thus BSNL , Kolhapur administration was compelled to cancel the dismissal order. However their anger for involving AIBDPA was reflected in harrasment of the family by asking for various documents time and again. The family was also asked to submit copy of the court order dated 11-03-2014 declaring the missing employee dead. When the court order was given , they asked for the death certificate from the local body. The family though approched the local body the death certificate was denied being a missing case. But BSNL, Kolhapur took an adamant stand that they will not forward the pension papers unless the death certificate is produced. The helpless family unaware of the illmotive of the administration somehow managed to get a death certificate mentioning the date of death as 11-03-2014, the date on which the court declared the missing employee dead. Actually it was a dirty trick played by the BSNL, Kolhapur administration to deny the family pension from the actual date of eligibility.Finally, CCA , Maharashtra issued the Pension Payment Order (PPO) on 19-09-2019 granting family pension to the widow, Smt.Shanta Krishnappa Kumbhar with effect from 11-03-2014.CHQ took up the issue again with DoT and DOP&PW against denial of family pension from the eligible date of FIR, 16-10-2002 and denial of family pension for about 12 years. The game plan of BSNL Kolhapur administration of convertion of missing case to death case has resulted in huge loss to the family and demanded justice according to rules. The issue was also registered with Pensioners Portal, CPENGRAMS.The Under Secretary, Pension, DoT wrote to CMD, BSNL against the mishandling of the case by BSNL, Kolhapur administration and sought intervention for corrective action. Department of Pension and Pensioners Welfare also intervened. All these prompted CCA, Maharashtra to direct BSNL , Kolhapur to send revised Form No.18 for grant of family pension as per Rule 54 of the CCS( Pension) Rules, 1972. So it was an indictment against the BSNL, Kolhapur for the cruelty meted out to the poor family and was compelled to comply with the directive. Ultimately CCA, Maharashtra issued revised PPO on 13-07-2021 granting family pension from the eligible date of 16-10-2002. And an arrears of Rs.3,80,655 has been paid to Smt.Shanta Krishnappa Kumbhar.This is a great victory for the relentless efforts of CHQ to ensure justice to the family of a poor missing employee. CHQ is aware that there may be cases of similar nature with or without slight difference in many parts of the country. The main intention of this narration is that our Comrades should take initiative to intervene and settle such cases