AUAB LETTER TO DOT SECRETARY REG PENSION REVISION DELINKING

ALL UNIONS AND ASSOCIATIONS OF BSNL (AUAB) No: UA/2019/ 31.01.2019 To The Secretary (Telecom), Department of Telecommunications, Ministry of Communications, Sanchar Bhavan, 20, Ashoka Road, New Delhi-110 001. Sub: Delinking of Pension Revision for the Pre-2017 BSNL retirees from the Pay Revision of BSNL employees reg: Ref: Assurance given by the Hon Minister and Secretary, DoT in the meetings held on 02.12.2018 and 03.12.2018 that Govt decided to delink the pension revision of BSNL pensioners from the pay revision. Respected Madam / Sir, On the formation of BSNL, the employees working in DoT were absorbed in BSNL w.e.f 01.10.2000 with the assurance of better career prospects and payment of pension by the Government of India. Accordingly Rule-37A was incorporated in CCS Pension Rules, 1972 to ensure payment of pension on the combined service rendered in DoT and BSNL, on IDA scales. On absorption, the employees were granted IDA pay scales w.e.f 01.10.2000. Sub-rule 10 of Rule 37A of CCS (Pension) Rules, 1972, provides that “in addition to pension or family pension, as the case may be, the employee who opts for pension on the basis of combined service shall also be eligible to dearness relief as per Industrial Dearness Allowance pattern”. Again as per Sub-rule 22 of Rule 37A of CCS (Pension) Rules, 1972, the pensionary benefits, including family pension shall be paid by the Government. In accordance with the above provisions, DoT revised the pension of pre-2007 pensioners/family pensioners of BSNL on 15.03.2011, who retired during 01.10.2000 to 31.12.2006. The pension revision followed the pay revision in BSNL as pay revision implemented immediately after the DPE guidelines issued on 26.11.2008. Pension revision implemented through Cabinet decision with 30% fitment, which took time with the fitment allowed by the DPE for CPSUs. The pension/family pension of the pre-2007 BSNL pensioners were revised w.e.f. 01.01.2007 as follows by adding together: i) The existing pension /family pension, including commuted portion of pension, if any. ii) IDA 78.2% as on 31.12.2006. iii) Fitment of 30%, as per DPE guidelines. On 03.08.2017, DPE issued guidelines for 3rd Pay revision with 15% fitment. Para 3 of the OM under the heading Affordability provides that the revised pay scales would be implemented by the CPSEs subject to the affordability of CPSE. BSNL and MTNL are unique CPSUs where the retirees are paid pension by the Govt of India as per Rule 37A of CCS (Pension) Rules, 1972. In BSNL, the pay revision is not implemented due to the affordability clause. The pension Revision of Govt pensioners retired from BSNL cannot be linked with the pay revision of the serving employees due to the following reasons: 1. All the BSNL retirees were Govt servants, recruited by DoT and absorbed in BSNL. Their pension is covered by CCS Pension Rules, 1972 as in the case of Central Govt employees. 2. Pension revision for Central Govt pensioners already implemented. 3. As per the terms and condition for absorption, BSNL absorbed employees would continue to get pension from DoT irrespective of the status of BSNL. As per para 2(b) of DoT order No: 40-13/2013-Pen(T) dated 20.07.2016, it has been clarified that “The liability towards pensionary benefits including family pension to the BSNL employees (except those recruited after 01.10.2000), as per sub rule 22 of Rule 37A of CCS (pension) Rules, 1972, lies with the Government of India”. 4. The Affordability clause mentioned in DPE guidelines is applicable only for the pay revision of the serving employees, not for the Pension Revision. 5. Pension revision has to happen even in the cases of: i) If BSNL is not there? ii) If BSNL is not profitable and No Pay Revision is implemented in BSNL? iv) 3rd PRC given different fitment for the serving employees depends on its affordability. This fitment will be reviewed after every 3 years. If the fitment varies, it will create anomaly among pensioners. v) Non-Executives are not covered by the fitment and the pay scales notified by DPE vide OM dated 03.08.2017. Non-Executives wage revision is as per the negotiated settlement. In Coal India, Non-Executives signed wage revision agreement with 20% fitment for 5 years period where as DPE guidelines stipulates that if 5 year wage settlement is made, the fitment has to be proportionately reduced. However for the purpose of uniformity, Non Executives as well as Executives in BSNL are extended the same fitment from 2nd PRC period onwards. BSNL is a unique CPSU in that respect also. 6. BSNL retirees are no way connected with the affordability or paying capacity of BSNL. Their pension is to be paid by the Govt of India, not by BSNL. 7. BSNL has already paid the pension contribution in full to the Govt of India, for their entire service period in BSNL. Since the matter of pay revision of BSNL employees pursuant to 3rd PRC recommendation is yet to be settled, the issue of revision of pension for the pre-2017 BSNL pensioners is required to be delinked from the pay revision of BSNL serving employees. It is already assured and announced by Hon MoSC and Secretary, DoT in the meetings held on 02.12.2018 and 03.12.2018 that Govt decided to delink the pension revision of BSNL pensioners from the pay revision. However DoT letter to DoP&PW does not reflect this decision and lack recommendation or proposal of DoT for delinking pension revision from pay revision. Without a proposal from DoT, DoP&PW is unlikely to give any opinion in this regard. As per DoP&PW, the methodology is to be worked out and suggested by DoT. The methodology may be recommended to DoP&PW for giving its approval on the subject. To avoid an anomaly between serving and the retired employees prior to 01.01.2017, the following method suggested. a) The pension/family pension of the pre-2017 BSNL pensioners will be revised w.e.f 01.01.2017 as follows by adding together: i) The existing pension /family pension, including commuted portion of pension, if any ii) IDA as on 31.12.2016. iii) Fitment of 15%. b) For the serving employees, fitment will be calculated as 15% w.e.f. 01.01.2017 itself and pension contribution will be paid accordingly by BSNL. However, payment of pay, allowances and perks will be made by BSNL depending upon its affordability. In the month of retirement, the payment will be made based on full 15% fitment (Atleast in the last month, payment will be made based on full 15% fitment). Anomaly which may arise if pension revision is done with 15% fixation and pay revision is done with lesser fitment. A pensioner retired on Oct 2016 with Rs 50,000 last basic pay is getting Rs 25,000 as basic pension as on 1-1-2017. Now if his basic pension is revised as per PRC with 15% the revised basic pension will be Rs 63,100 [ i.e. Basic Pension+119.5% DA as on 1-1-07 + 15% fitment] His batch mate retired on March 2017. His basic pay was also Rs 50,000 on 1-1-17 and last basic pay on March was also Rs 50,000. Now his pay on 1-1-17 is revised as per PRC with 10% (say) fitment. So his revised pay on 1-1-17 will be Rs 1,20,700. Accordingly his last basic pay on March would also be Rs 1,20,700 and pension will be 50% of Rs 1,20,700 i.e. Rs 60,350. Thus he will be getting Rs 63,100 - Rs 60,350 = Rs 2750/- less pension compared to his batch mate retired before 1-1-17 whose pension is revised to Rs 63,100 as per 15% fixation. How to solve this anomaly: Method 1 Fix the pay of 2nd person notionally with 15% fitment but actually with fitment of 10% (say) till last month of his retirement. The Basic Pay of the last month of his retirement may be restored as per 15% fixation and pension will be paid on last pay drawn actually. Hence for January and February his basic pay will be Rs1,20,700 and for March it will be Rs 1,26,200 and accordingly pension fixed at Rs 63,100 which is equal to his batch mate retired before 1-1-2017. Method 2: Fix the pay of 2nd person notionally with 15% fitment but actually with fitment 10%(say). Hence at the time of retirement his actual Basic Pay will be Rs 1,20,700 and notional Basic Pay will be 1,26,200. Now calculate his Pension as per his last drawn notional pay and his pension will be 50% of 1,26,200 i.e Rs 63,100/- which is equal to his batch mate retired before 1-1-2017. NOTE: This system of fixing pension on notional last pay drawn is already in vogue for BSNL pensioners retired between 1-1-2007 and 9-06-2013 while extending the benefit of 78.2 IDA Merger. Their Pay has been notionally revised by merging 78.2% IDA from 1-1-2007 and Revised pension is being paid on revised notional last pay drawn from 10-06-2013. Yours Sincerely, Copy to: (1) The PS to Hon Minister of State for Communications, New Delhi – 01 (2) Member (Fin), Telecom Commission, DoT, New Delhi – 110001 (3) Additional secretary, DoT, New Delhi – 110001. (4) The Chairman & Managing Director, BSNL, New Delhi – 110001. (5) The Director (HR), BSNL Board, New Delhi – 110001 (6) The GM (SR), BSNL Corporate Office, New Delhi – 110001

STR DIVISION EXECUTIVE COMMITTEE MEETING

STR DIVISION EXECUTIVE COMMITTEE MEETING will be held on 2-2-2019, Saturday 11.00 AM at 5th floor, Flower Bazaar Telephone Exchange building.

AGENDA:

1. Post Card Campaign for Pension Revision. 

2. Any other subjects with the permission of the chair.

Division Office Bearers are requested to attend the Meeting positively.

LUNCH: 1PM

NEWS FROM CHQ REGARDING PENSION REVISION

AUAB protests deviation from the assurance given by the Hon'ble MoS(C) on delinking Pension Revision from Pay Revision.

[following posting is reproduced from the website of BSNLEU.)

In the meeting held on 03.12.2018, between the Hon’ble Minister of State for Communications and AUAB, it was assured that pension revision would be de-linked from pay revision. However, the officers sitting in DoT are trying to deviate from the assurance given by the Hon’ble MoS(C). For example, in the letter written by the DoT, to the Department of Pension and Pensioners Welfare, the decision of Hon’ble MoS(C) was diluted. In that letter, the DoT had asked the DoP&PW, whether pension revision can be de-linked from pay revision. In yesterday’s meeting with the Additional Secretary also, the DDG(Estt.), DoT, was arguing that pension revision would be done only after pay revision is done. The representatives of the AUAB strongly protested this dilution and demanded that the assurance given by the Hon’ble MoS(C) should be implemented. On hearing both the arguments, the AS(T) directed that the AUAB and the DDG(Estt.) DoT, should hold further discussion on this issue. Accordingly, further discussion took place yesterday, between the representatives of the AUAB and Shri S.K. Jain, DDG(Estt.), DoT. The AUAB categorically told that the decision of the Hon’ble MoS(C) that pension revision would be de-linked from pay revision should be implemented. After observing the stiff resistance against dilution of the Hon’ble MoS(C)’s decision, the DDG(Estt.) assured that the issue would be further discussed with the AS(T).

The clarification is welcome. Yesterday in some messages protest of AUAB  was not projected. ... PSR

EVERYTHING IS NOT LOST

 

 Dear Comrades, I express my views frankly. Some may like it. Some may not like it. I still have hopes. Dept of Pension has not yet rejected the proposal for delinking Pension revision and Pay revision. They returned the file to DOT asking to submit concrete proposal on the pension revision. The file is in Dept of Telecom. Some officers in Sanchar Bhavan are playing the game. They are asking: Where is recommendation from CPC for pension revision in BSNL? Yes. There is nothing in CPC report. Why? Same officers in DOT are responsible for that. CPC forwarded our memorandum to DOT for comments on 5th January 2015. We met the then Secretary Telecom Mr. R K Garg on 4th August 2015. Till that day DOT had not sent the comments. After we pointed out, on instruction from Shri Garg, the officers sent comments on 16th August 2015 to the CPC. By that time the CPC started preparing the report. They threw the letter from DOT in to the dustbin being late. That is how DOT killed the issue. Sleep on files, Delay and Deny! Now they are asking: Where is recommendation from CPC? Now, if DOT submits a concrete proposal on pension revision, the Dept of Pension will consider. I am happy to see that AUAB has sent a good letter today giving all justification for delinking. Thanks to Com. C Singh and Com. P Abhimanyu. CBMPA has demanded it. Minister assured delinking. Then where is the hitch? In Sanchar Bhavan only. The Minister has to take a firm decision. Else the Hon’ble Prime Minister should intervene. It is a case affecting more than two lakh families. Please organize the Post Card Campaign effectively. Let thousands of Post Cards go to the office of Shri Narendra Modiji. It is my personal views………. PSR 

POST CARD CAMPAIGN

Dear Comrades, We are giving you the matter to be written in Post Cards.  Hindi version will be given shortly. 

URGENCY: Election is coming.  We have to act immediately.  We must bring the matter to the notice of Honourable Prime Minister.  

HOLD MEETINGS, DO IT OTHERWISE ALSO Hold meetings immediately and collect signature from maximum number of pensioners. Hold meetings at District level, or branch level or hold even Group meetings as convenient to you. Or, active workers can go to homes of pensioners staying nearby and get their signature.

CARDS SSA/branch units should purchase Cards, write the matter and then get signature from members. Purchase number of cards equal to your membership.

From 4th to 9th February 2019 Complete the task before 9th February itself.  Don’t delay.  Delay is DETRIMENTAL.

DO IT NOW.  DO IT IMMEDIATELY.  START THE WORK NOW ITSELF.

LET THOUSANDS OF CARDS GO TO THE OFFICE OF PRIME MINISTER.

 With greetings,

P GANGADHARA RAO, GS of AIBSNLPWA & CONVENER OF CBMPA Camp:  NEW DELHI 31-1-2019.
         TEXT OF POST CARD CAMPAIGN
 
Sir, I joined  C.G. service in DOT  but retired from BSNL/MTNL.  Revision of my pension is due from 1.1.2017 ( once in 10 years).

Please arrange to revise my pension as per 7th.CPC fitment formula.

Signature Name BSNL/MTNL Pensioner Place / State : Date :


Addressed to : Shri Narendra Modi ji Prime Minister of India South Block New Delhi 110001

AUAB'S MEETING WITH ADDITIONAL SECRETARY, DOT TODAY

 Some friends are very enthusiastic and quick in flashing some information without telling the source.  Latest is about AUAB's  meeting with Additional Secretary Telecom today. 

The said message says that DoT has offered 5% fitment for pay revision and pension revision both.

5% of basic pension plus IDA (119.5% on 1.1.2017) is equal to 10.97% of basic pension. 

CPC fitment was 32%.

So,  this is the ultimate result of our action in 2000!

What is the reaction of AUAB?  The flashed message does not say anything.

But SNEA website says AUAB has rejected it.

I am reproducing below the  SNEA posting.

... PSR ...

Meeting between AUAB and the Additional Secretary, Telecom.

A meeting was held today between the

AUAB and Shri Anshu Prakash, Additional Secretary(T).

AUAB representatives in the Committee

for Periodic Interaction, Com.P.Abhimanyu, GS, BSNLEU & Convenor, AUAB, Com.Chandeshwar Singh, CS, NFTE & Chairman, AUAB, Com.K.Sebastin, GS, SNEA and Com.Prahlad Rai, GS, AIBSNLEA, participated. From the DoT side, Shri R.K. Khandelwal, Joint Secretary(Admn), Shri S.K. Jain, DDG (Estt.), Shri Rajeev Kumar, DDG (Budget) also participated. Ms. Sujata T. Ray, Director (HR) and Shri A.M. Gupta, GM(SR), represented BSNL.  Detailed discussion took place

on the 3rd Pay Revision, 4G spectrum, Payment of Pension Contribution on actual basic pay and Pension Revision issues. As regards the 3rd Pay Revision, in the

meeting held today,  the DoT side offered Pay Revision with 5% fitment.  If the AUAB accept it, then this issue would be placed for the approval of the Digital Commission ( erstwhile Telecom Commission) meeting, to be held on 05-02-2019 along with other issues like 4G spectrum, vacant land monetization and that thereafter it would be taken for the approval of the Cabinet in February itself, said DoT side. The AUAB stated that 5%

fitment is very low and that they could not accept it. Thereafter, the AS(T) suggested that the AUAB representatives could discuss the issue with the CMD BSNL and could come back to him within a day or two. It may be recollected that in the meeting held on 03-12-2018, the Honourable Minister of State for Communications had stated that 3rd Pay Revision with 15% fitment was not possible. Further, in the last meeting held with the Addl Secretary (T), 3rd Pay Revision with 0% fitment was offered by the DoT side.

On pension revision, DoT suggested for the same fitment which AUAB out rightly rejected. We told that Pensioners not linked with affordability of BSNL as the pension is paid by the Government. There after AST suggested for separate discussion with DDG(Estt) on the issue. After the meeting with AST, we had elaborate discussion with DDG Estt on pension revision formula.

On pension contribution, DoT is trying to send the recommendation to Dept of Expenditure by next week.

4G spectrum allotment and vacant land monetization is coming in the Digital Commission meeting on 05.02.2019 and thereafter to the Cabinet. 

"MOST DISAPPOINTING."

Today, the Convener and other members of CBMPA met Additional Secretary, Telecom Mr. Anshu Prakash and discussed issue of  Pension Revision. The result is not encouraging; rather it is  most disappointing.

PREPARE FOR  A SERIOUS STRUGGLE:
Comrades, we must prepare ourselves for the struggle.  Make our programmes a great success and widespread.  We must create an atmosphere so that the government should take the issue seriously.

... PSR ...

 CHQ OFFICE ESTABLISHED  In the presence of our Circle/ District Office Bearers and WELL- WISHERS Com. G Babu VP CHQ has inaugurated the Office.

 

Com. G Babu donating Computer system and Printer to GS

 Com. G Babu inaugurated  the Office

 GS and others in the office

 Activists before inauguration

Ramankutty: I am excited to receive news.

The office is established in the NFTE BSNL Circle Office in old CTO Building in the very heart of Bengaluru city.
I do acknowledge and appreciate the help given by NFTE leaders of Karnataka and
I do appreciate the helping spirit of Com. G Babu our CHQ Vice President.
I hope that some of  our active comrades will visit the office every day if possible  and render their service to CHQ for few hours. Let us move faster,  more efficiently and more effectively.
... P S Ramankutty President ...
Ramankutty: It is more important that NFTE provided the space to share completely FREE.

A NEW JUDGEMENT FROM CAT

Yesterday, 23-1-2019, the Shimla Bench of CAT Chandigarh has given a good judgement. It says DCRG, Leave encashment, Commutation etc should be granted based on revised pay with 78.2% IDA with effect from 1-1-2007. With regard to pay arrears from 1-1-2007 up to the date of retirement, the Judgement is disappointing. We hope that the concerned pensioners who approached the court will go for further remedial action.

PSR

Note: 

Court has allowed the arrears of Retrial Benefits as prayed that is Commutation, DCRG, and leave encashment as per revised notional pay.

✔For pay arrears from 1-1-07 to 9-6-13 the court observed that if it is paid to serving employees then it should also be paid.

 ✔For pension arrears from date of retirement to 9-6-13 has not specifically mentioned by the court as perhaps it was not mentioned in the prayer itself.

 

To download CAT JUDGMENT

 Please CLICK HERE

OUR UP WEST CIRCLE LEADERS MEETING WITH OUR MINISTER REGARDING PENSION REVISION

Our Comrades Com. Vipin Sharma, Com. Arun Sharma, from UP West Circle with Minister for Communications Shri Manoj Sinha on 21-1-2019.

Our Comrades submitted a memorandum to the Minister.  Sh. Manoj Sinhaji told them that he is quite aware of the matter and action is being taken.

PENSIONERS' PATRIKA  

JAN-FEB, 2019 ISSUE

To download the Journal  CLICK HERE   

MONTHLY MEETING 8-1-19 REPORT

The monthly Meeting of STR Division was conducted on the afternoon of 8.01.19 under the presidentship of Com.A.Sugumaran Dist.President.One minute silence was observed for the demise of our Comrades.1.Janakiraman Civil and 2. Gurumurthy DGM RTD STR.Com.S.Sundarakrishnan DS welcomed all.He also said that TN Circle,STR,STP and CH.TD effected the payment of Medical bills submitted upto Oct 18.Medical allowance for left out cases upto March 18 will be paid.Medical allowances for 2qtrs from April 18 to Sep 18 will also be paid except Chennai TD.He told details about SAMPANN.CCA Tamilnadu has not decided the date from which it is going to be implemented.VRs pensioners has to check whether TDS recovery from bank/POs is credited to IT Dept to avoid Penalty as non Sr.Citizens has to pay adv.TAX.Hereafter KYP forms can be directly handed over to CCA Office. Com.Mohan Treasurer read out the last meeting minutes and got  approved.Com.Narasimhan ADS introduced new members,conveyed Birthday Greetings,family welfare news etc.Due to the announcement of 3.2 % IDA total DA works out to 138.8%.   Com.A.Sugumaran explained the status of pension revision process.DOT has sent the proposal of delinking to DOP&W.Clearance awaited.He also told comrades need not worry   about Non submission of  KYP.Pension will be drawn by CCA and if details are required they will directly get it .Com.Rathna AGS in her speech appreciated the systamatic function of this branch.She explained in detail about  the todays ongoing strike by all union.Especialy the difficulty and financial crunch faced by agriculturist was elaborated.She told the JointForum comprising 6 unions/ Association in our demand of Pension Revision is very much helpful.She mentioned that Com.O.P.Gupta was instrumental in getting Pension for BSNL employees.Though we are all from different cadre /unions ,it is worth to mention about him.She also told about the deteririoting condition of BSNL.Com.Muthialu Dy.GS explained about all the demand of todays strike.A resolution is necessary to be passed.He also told that delinking of Pension  from Pay Revision was demanded.Revised Pension  has to be paid by DOT whereas Pay revision has to be given by BSNL.Pay revision is also required.Finally he told about the CWC at Kanyakumari and also the Secratariate meeting to be held on 09.01.19 about Puyal Nivaaranam.Com. Rathna AGS was honoured by presenting the shawl by O.S.Annapoorani Org Secy and Com.Kanniyappan was also presented with a shawl.Com.D.S.Ramalingam Vice.President gave vote of Thanks.116 members attended the meeting.6 Members joined as New during this month.Total membership is 956.

MONTHLY MEETING 8-1-2019