AIBSNLPWA

THE COURT CASES: AN EXPLANATION

COURT CASES:

This is regarding our yesterday’s posting, regarding the two cases we propose to file before CAT, Ernakulam.I have received number of anxious calls from our comrades of different stations.

..1.. .Nobody has any doubt about the first case. Our pension was revised with 78.2% IDR. It is done notionally from 1-1-2007 to 9-6-1013. And actual payment was made from 10-6-2013. Why 10-6-2013? Because of the DoT order consequent upon the agreement made by BSNL staff unions and BSNL management in 2013.

Pensioners are not party to the agreement. We want that the date of actual Pension revision with 78.2 should be 01-01-2007, not 10-6-2013. Financial condition of BSNL is not relevant to our Pension Revision. One case is already filed by another Association before Principal bench of CAT, New Delhi. Another case is being filed before Supreme Court directly. If the Supreme Court rejects the case on MERIT, then that is the end of their fight Let us hope that Supreme Court will not reject the application.

Pensioners have raised a just demand. Judges with judicious mind will not reject. The principal bench and different benches of CAT have equal status. Only difference is that anybody from any part of India can approach Principal bench .But those who are staying within its jurisdiction only can approach a particular bench of CAT in states. There is no difference between CAT Chennai or CAT Ernakulam or CAT Chandigarh. So, only those who reside in Kerala can approach CAT Ernakulam. If others are there as applicants, then the case can be rejected at admission stage itself. 

At first stage, we will try to get a favourable verdict from CAT Ernakulam and then try to get it extended to others. The legal fight in this matter is just begun. We should keep the lists of all other Circles ready. So. Continue the data collection .Hardly 25% branches have sent the list to CHQ. We cannot wait till 100% lists reach CHQ.

2 The other case is for getting pension at 50% of LPD. After the sixth CPC report, the pension is granted at 50% of Last Pay Drawn for those who retired on or after 1-1-2006 on completion of ten years of service. But, those who retired before 1-1-2006, pension was granted 50% of last 10 months’ average pay and that too after completion of 33 years of service. Otherwise it is pro rata pension. 

Recently Central government granted a new formulation for pension revision of CDA pensioners. Even a person retired in 1982, gets his last pay drawn revised again and again notionally based on fitment formulae suggested by IV CPC, V CPC, VI CPC and VII CPC. Then his pension is re-fixed at 50% of the notionally revised Basic Pay from 1-1-2016.In other sense, all the central pensioners, retired before 2006 also get the benefit of Last Pay Drawn in pension. But it is not extended to BSNL retirees. 

Department of Telecom is not prepared to look into our demand. Court Case is the last resort. It is time consuming, no doubt. But, situation in Kerala CAT is bit better.

Hence we have decided to approach CAT Ernakulam first. The Advocate Mr Sreeraj is sympathetic to pensioners. We have a Legal committee at Ernakulam to help our Association in legal matters also. Let us hope the best. Let us try. TRY, TRY and TRY….. ... ... P S Ramankutty