Monday, 16 January 2017

Our Vice President Com Sundarakrishnan visited CGM TN Circle today and spoke to PGM F, DGM F and AOs and spoke about 78.2 Pension revision work. He told them that still some more cases are pending in post 2007 - 78.2% revision. They told that they are working in it and will finish it soon. Com Sundarakrishnan told them to take up pre 2007  - 78.2% pension revision cases also immediately. When he pointed out about the pending payments of bonus payment to eligible pensioners they told the payment will be made on this month end. Com Sundarakrishnan gave them all the required details.     

Friday, 13 January 2017

STR Division Circular No.182 released and sent to our members email id.
Other who want to download the circular please CLICK HERE 

Thursday, 12 January 2017

STSR Chennai has processed the following POST 2007 pensioners cases and forwarded to CGM STR Office for onward transmission to DOT CELL
CGM TN Circle has processed the following POST 2007 Pesnioners cases and forwarded to DOT CELL
CGM TN has forwarded the following 3% promotion pension revision cases to DOT CELL




Wednesday, 11 January 2017

BRIEF REPORT OF STR DN MONTHLY MTG 10-1-17: 

Com A. Shamsudeen presided the meeting. Com S. Sridharan read out the minutes of the last meeting and got approval from the members. Com S. Narasimhan conveyed birthday greetings to the members whose birthdays are coming in this month. He conveyed the STR Dn. Family welfare news. He introduced the new members to the GB. He informed that the IDA is decreased 0.8% ie. From 120.3% to 119.5% from 1st Januaray. He informed that STP & CHTD has completed all pre 2007 & Post 2007 pension revision cases and sent to DOT CELL. CHTD has now started processing of CTO & ex CPT SSA cases. He said that our members have started getting arrears and requested them to give donations. He said that 50% of the donation will go to CHQ & 20% will go to Circle Association. He requested Annual members to become Life members. He told that we won the PENSION ANOMALY court case and explained about it in detail. He said that the court has given 3 months time to Govt. to implement it or to appeal it. He said that there are 9 affected members in our division for this case. 
Com D.S. Ramalingam said that our members who have ccompleted 70 years were honoured in the last meeting and in this meeting also we will honour them if anybody is left out in the last month’s meeting. Com T.V. Parameswaran and S. Sanakaranarayanan who have  completed 70 years were honoured in this meeting. He said that our association has written letters to DOT and Pension Departments requesting them to implement the PENSION ANOMALY Court case judgement and not to appeal. He said that 78.2% pension revision work is going in CGM TN Circle Office and STSR Office  and still some more cases are pending and that will be completed soon. He said that he was visiting CGM TN circle office regularly with Vice President Com Sundarakrishnan and pursuing some cases of our members.  He said that bonus payment is paid to all the eligible pensioners in TN Circle office and some members are left out due to insufficient bank particulars and requested them to contact the AO Drawl. He said that our association is taking up the case of full pension for BSNL pensioners who retired before 2007. He requested our members to enroll old pensioners also as our members.

Com K. Muthiyalu in his speech explained about PENSION ANOMALY COURT CASE judgment in detail. He said that 4500 BSNL pensioners will get benefit because of this judgment. He said that this credit will go to our All India Association only especially to Com D. Gopalakrishnan who worked very hard to collect the data of the affected pensioners from all over India.   He also explained the difficulties faced by our pensioners because of the latest demonetization scheme. 
Com S. Sridharan informed that AIPWA Saidapet association has decided to write a letter to Prime Minister Shri Narendra Modi demanding to implement the left over recommendations of 7th CPC like minimum wage and point to point fixation and also the difficulties of pensioners facing the problems of getting the full pensions in cash every month due to acute shortage of money in post offices and banks.
Com Sundarakrishnan conveyed vote of thanks. About 105 pensioners attended the meeting.       

Sunday, 8 January 2017

4 ADDITIONAL AD-HOCK STAFF POSTED AT CCA OFFICE
We have earlier reported here that CCA Office calling for persons retired from accounts cadre to work in CCA office on ad-hock basis temporarily.   
Now 4 Retired Accounts cadre people have joined in CCA Office on ad-hock basis from yesterday in addition to our pensioners who were working there already. 
We now hope that 78.2% Pension Revision Processing work at CCA Office may get more speed. 
Our STR Division Monthly Meeting will be held on coming second Tuesday, 10-1-17 at 2.30 PM at 5th Floor, Flower Bazaar Telephone Exchange.
AGENDA:
1. 78.2% Pension Revision Progress
2. Pension Anomaly Court case judgement

Members who have received 78.2% Pension Revision Arrears are requested to give DONATIONS in the meeting.  Cheques are accepted. 


Friday, 6 January 2017


PENSION ANOMALY CASE AND FURTHER ACTION

4-1-17:  Com. R L Kapoor has obtained a certified copy of the judgement today on Pension Anomaly case. CHQ has prepared a letter to Secretary, Telecom requesting him to implement the judgement in the case and extend the benefit to all the 4230 affected pensioners immediately. 
To avoid any delay, Com. Kapoor is authorised to sign the letter on behalf of our Association and hand over to the office of Secretary, Telecom along with a copy of Judgement.
All India BSNL Pensioners’ Welfare Association (Regd.T.1833/09)
Central Headquarters
AH 189/61, 3rd Street, Aurovile Flats, Anna Nagar, Chennai-600040
President: P.S.Ramankutty                                                              General Secretary: G.Natarajan
Mobile – 09447551555                                                                      Mobile – 09444929799

Date: 5/1/2017
To
Shri J.S.Deepak,
Secretary, Telecom,
Sanchar Bhawan, Ashoka Road,
New Delhi-110001

Respected Sir,

Sub:  Request for implementation of Order dated 16.12.2016 passed by Principal Bench, CAT,  New Delhi in O.A. No. 2173/2014 & MA No. 1824/2014, in the matter of All India BSNL Pensioners Welfare Association & others (Applicants) Vs. M/o Communications & others – Respondents.

On behalf of our Association & 11 other affected pensioners who retired between October 2000 & June 2001, we filed OA No. 2173/2014 in the Honourable Principal Bench, CAT, New Delhi.  The first respondent is Secretary, DoT, New Delhi.  We pleaded to quash the impugned DoT order dated 15/1/2003 which allowed combination of CDA & IDA pay for arriving at last 10 months average pay.  We also prayed to direct the respondents to re-fix pension from the date of retirement by calculating the pension in the same manner as is calculated for Central Government Employees/Public Sector Undertaking like Food Corporation of India by adopting the formula as contained in OM dated 18.10.1999 and give notional benefit of the IDA pay scales and thereafter grant all consequential benefits from the date of retirement in accordance with law.  We pleaded for fixing the IDA pay notionally for the period of CDA pay in the last 10 months and then arrive at average pay and fix the pension accordingly.

The Hon. Principal Bench of CAT, New Delhi delivered the judgement on 16/12/2016  and our Counsel has received a certified copy of the said order dated 16.12.2016 from the Principal Registrar, CAT Principal Bench on 04.01.2017.  Our plea has been completely accepted by the Hon. Court and the impugned order dated 15/1/2003 order of DoT is quashed.  In the operative portion, the Hon. Court directed the respondents to refix pension of the applicants from the date of their retirement in the same manner as calculated for Central Government employees/Public Sector Undertaking like FCI by adopting the formula as contained in OM dated 18.10.1999 and give notional benefit of the IDA pay scales and, thereafter, grant all consequential benefits from the date of retirement in accordance with law.  The Hon. Court has given a time frame of 90 days from the receipt of a certified copy of this order for implementation of the directions.

The certified copy of the judgement is herewith attached.  Our Association is the first Applicant and we have filed the said OA in representative capacity on behalf of 4230 affected pensioners and the same has been mentioned in the first para of the judgement. Hence we request you to implement the order and extend the benefits to all the affected pensioners within the time-frame.

                                                                                                                           Yours faithfully,


                                                                                                                        (Roshan Lal Kapoor)
                                                                                  Authorised Signatory for and on behalf of Applicant No.1

Encl: Certified copy of the Order dated 16/12/2016

Copy to:  The CMD, Bharat Sanchar Nigam Limited, M.S. Mathur Lane, Janpath, New Delhi-110001

5-1-17: 
CHQ has sent the following letter to the following three officers asking them not to appeal the case and implement the court orders to all the affected pensioners immediately:
1.Shri J.S.Deepak, Secretary, Telecom, 2. Shri Ashok Lavasa, Secretary, Expenditure,
3.Shri C. Viswanath, Secretary, Pension, 

  To
Shri C. Viswanath,
Secretary, Pension,
Lok Nayak Bhawan, Khan Market,
New Delhi-110003

Respected Sir,

Sub: Request implementation of Principal Bench, CAT, New Delhi judgement

We filed a case in the Hon. Principal Bench, CAT, New Delhi for settling the issue of ‘Pension Anomaly’ for those who retired from BSNL between October 2000 & June 2001 under OA 2173/2014.  Our Association was the 1st applicant and Secretary, Pension, Ministry of Ministry of Personnel, Public Grievances & Pensions was 3rd respondent.  The judgement was delivered on 16/12/2016.  The principal Registrar issued a certified copy to the Govt. pleader on 4/1/2017.  We herewith attach a copy of the same for your perusal.  The operative portion of the judgement is given in para 25 which is reproduced below:

25. There is, therefore, no ground whatsoever for the respondents to deny the benefit of formula adopted in OM dated18.10.1999. The impugned order dated 15.01.2003 is thus quashed with direction to the respondents to refix pension of the applicants from the date of their retirement in the same manner as calculated for Central Government employees/ Public Sector Undertaking like FCI by adopting the formula as contained in OM dated 18.10.1999 and give notional benefit of the IDA pay scales and, thereafter, grant all consequential benefits from the date of retirement in accordance with law. We fix a time frame of 90days from the receipt of a certified copy of this order for implementation of our directions. No costs.

We would request you, sir, to implement the judgement to all the affected pensioners numbering approximately 4230 who retired between October 2000 & June 2001.  Nearly 20% of the affected pensioners are not alive and the issue remained unsettled for more than a decade.  We request you, sir, to refrain from filing an appeal in the light of National Litigation Policy 2010 and the initiative taken by the Ministry of Law & Justice during the two years of the present Government.

National Litigation Policy 2010 part V states “Proceedings will be filed challenging orders of Administrative Tribunals only if” :
a)     There is a clear error of record and the finding has been entered against the Govt.
b)    The judgement of the Tribunal is contrary to a service rule or its interpretation by a High Court or the Supreme Court. 

c)     The judgement would impact the working of the administration in terms of morale of the service, the Government is compelled to file a petition; or
d)    If the judgement will have recurring implications upon other cadres or if the judgement involves huge financial claims being made.

On the occasion of the Delhi High Court golden jubilee celebration in October 2016, the present Hon. Prime Minister of India expressed his anguish about the problem of excessive Government litigation.

Ministry of Law & Justice has published in their website about the initiatives taken during the two years of the present Government.  According to that, Draft National Litigation Policy under formulation to make Government a responsible and efficient litigant.  The salient features of draft policy are:-

1)    To take preventive measures for reducing the new filing of cases by prescribing a procedure for proper dealing of the cases, extending benefit to similarly placed
persons and avoiding litigation between Government departments and PSUs through intervention of empowered agencies
2)    Restricting appeals to minimum by careful scrutiny of the implications of the judgement; making appeal an exception unless it affects policy of the Government; minimal recourse to Supreme Court under Article 136

In view of the above facts, we request you, sir, to settle the case of pension anomaly as per the direction of Hon. Principal Bench, CAT Newdelhi within that time-frame.

                                                                                                Yours faithfully,


                                                                                                  (G.Natarajan)
                                                                                              General Secretary.


Monday, 2 January 2017

PENSION ANOMALY COURT CASE
Asper the information available with us the affected pensioners are Kerala-278, Punjab-250, Maharashtra -700, Chennai-166, STR-45, TN-302, AP-261 and Karnataka-281.  All District secretaries may be requested to inform them by a letter about the judgement and our efforts
We  can not answer two questions raised by some comrades:
1.  Whether Govt will appeal?
Chance is very remote because we pointed out past cases and orders issued earlier.  Appeal will be rejected,no doubt.  But officers will not lose anything.  It is govt money wasted. 

2.  Whether the benefit will be extended to all 4300 people retired during the period?
First applicant in the case is AIBSNLPWA. Judgement says it is on representative capacity. And the other applicants are from different circles and they retired in Oct Nov Dec 2000, Jan Feb March April May and June 2001. 
Carefully we selected like that.
Still officers can take any decision. Wise or wicked.
One positive sign is that Pension Dept was ready for some settlement throughout. It is because of our discussion with them. Hence Pension Dept may suggest to issue general order.
We have to wait and work further.
PSR

"WE HAVE WON THE ANOMALY CASE'

We have won the case on Pension anomaly of those who retired from BSNL during the period from October 2000 and June 2001. It is another feather on the cap of AIBSNLPWA.
I appreciate the great work done by our Legal Committee consisting of Com. D Gopalakrishnan, Com. R L Kapoor and Late Com. Chhidu Singh (Com. R H Mitkary is the member of the committee now in place of Com. Chhidu Singh.)
They spent days and months to collect all materials relevant to the case. The Advocate Shri Naresh Kaushik pleaded the case brilliantly on behalf of our Association. Advocate could plead it properly because of the feedback he received from our Legal Committee.The Judgement in full (24 pages) is uploaded below. By clicking on the link you can see the full judgement. I hope better sense will prevail on the top officers in DoT and issue necessary orders without going for an appeal and prolong the legal battle. Let us wait and see.
P S Ramankutty
To see the judgement CLICK HERE

Sunday, 1 January 2017

TODAY, ON THE FIRST DAY OF 2017, OUR ASSOCIATION HAS BEGUN ITS WORK BY BRINGING TO THE NOTICE OF CABINET SECRETARY THE DELAY IN IMPLEMENTING CABINET DECISION ON 78.2% WITHIN THE TIME FRAME, PRESCRIBED IN THE CABINET NOTE.


All India BSNL Pensioners’ Welfare Association (Regd.T.1833/09)
Central Headquarters
AH 189/61, 3rd Street, Aurovile Flats, Anna Nagar, Chennai-600040
President: P.S.Ramankutty                                       General Secretary: G.Natarajan
Mobile – 09447551555                                                       Mobile – 09444929799

                                                                                                                          Date: 1/1/2017
To
The Cabinet Secretary,
Govt.of India,
Rashtrapati Bhawan,
New Delhi-110004

Respected Sir,

Sub: Cabinet Decision not implemented within the time-frame

Department of Telecom sought the approval of the Cabinet vide their file No.40-13/2013-Pen(T).  The Cabinet gave its approval on 5/7/2016. 

Appendix-I of the Cabinet Memo stated “Immediately after approval of this Cabinet Note, instructions will be issued to Controllers of Communication Accounts (CCA) in various circles of BSNL to complete the work of pension revision within 6 months”. 

Accordingly DoT issued instructions on 18/7/2016.  Para 7 of that order stated “The exercise to extend benefit of these orders to the pensioners/family pensioners should be completed by 31/12/2016”. 

But these instructions were not adhered to by the CCAs (controller of communication Accounts) in the country.  Not even 20% of pensioners/family pensioners got the benefit till 31/12/2016.

We seek your kind intervention in this regard. 
                                                                                                                        Yours faithfully, 
                                                                                                                          (G.Natarajan)                                                                       General Secretary.
Copy to:
Ms.Indrani Gupta,
Director, Cabinet Secretariat, GoI,
Rashtrapati Bhawan,

New Delhi-110004