PENSION REVISION.
The following DoT letter reveals their clear stand on pension revision. It's totally different from the declaration of Member S on 17/10/22 and subsequently also when some Pensioners associations met him later. Now according to this letter "no delinking but linked with pay revision". It's not between zero and 15% but only zero percent. How to believe these officers? It's an eye-opener to other associations.Finally the DoT officers have come out in their true colour.
P Gangadhara Rao GS
Government of India
Ministry of Communication
Department of Telecommunications
(Pension Section)
513, Sanchar Bhawan, 20 Ashoka Road, New Delhi-Ol
Dated: 1 7th Nov.,2022
To,
All Heads
of Associations
Sub:
Proposal regarding revision of pensionary benefits w.e.f. 01.01.2017 in r/o
absorbed BSNL/MTNL employees
Kind reference is invited towards your
letter's received from various Associations regarding Record of Discussion of
the meeting held on 17.10.2022.
(i)
In this regard it is intimated that copy of
Presentation made during the meeting is hereby attached as requested by you.
(ii)
You have stated that nine associations have
pointed out that there are judgments from constitutional courts which state
that the combined service pensioners who opted for government pension should be
treated on par with the C.G. Pensioners.
In this regard it is stated that
on absorption, BSNL/MTNL absorbed employees started getting their pay in
Industrial Dearness Allowance (IDA) pay scales. As per sub-rule 8 of rule 37A
of CCS (Pension) Rules, 1972, these absorbed employees are eligible for
pensionary benefits on the basis of the combined service rendered by them (with
the Central Government and with BSNL/MTNL) in accordance with the formula for
calculation of pension and family pension under CCS (Pension) Rules, 1972 at
the time of their retirement from BSNL/MTNL. The absorbed employees of
BSNL/MTNL who retired after 01.10.2000 get pension, and dearness relief
thereon, as per IDA pattern.
Further various Courts have
also observed on similar lines as follows:
In OA No. 021/0012/2017 filed by Shri M.S.S.R Murthy
before CAT Hyderabad Bench, the Hon 'ble vide CAT observed vide Order dated
10.12.2018 (p.392/c) that "The applicant cannol seek application ofrules
selectively, ofboth Government and BSNL, in order to take advantage of the best
among the better of the rules in the two institutions. Being a BSNL employee
the applicant cannot compare himselfwith DOT enaployee and allege discrimination.
One is a Govt. department and the other is a PSU" and dismissed the OA on
merit.
In the Review Application No. 021/02/2019 in OA No.
813/2017 filed by Sh. Murthy before CAT Hyderabad, the I-lon'ble CAT vide Order
dated 1 1.01.2019
(p.398/c) observed that "The applicant having become a
BSNL employee his
pension was
naturally drawn based on his pay drawn in BSNL. Had the applicant optedför
retirement benefits from DOT, the scenario would have been different! However,
since the applicant has optedfor combined service, the rules oflhe game are
different" and dismissed the RA on merit.
Appeal filed by Sh.Murthy in Hon'ble HC Hyd is pending
with no interim directions.
In OA No. 1 70/001 16-134/2018 filed by Shri Vincent
Funado & ors before Hon 'ble CAT, Bangalore Bench, the Hon'ble Tribunal
dismissed vide order dated 27.1 1.2019 (p.567/c) observed that, "Having
elected to be in BSNL, they are now estopped by the impliedpromise that they
had given to by BSNL tenets and to grow on it. If BSNL cannot grow on it,
naturally the employees will suffer a little diminishment. At this point of
time they cannot turn around and say that the DOT employees may have stolen a
march over them. As they have already made their choice, they have to abide by
it" and dismissed the OA on merit.
(iii)
As far as pension revision of BSNL/MTNL pensioners on
combined service, on the basis
 |
of 7Th CPC is concerned, it is clarified that the recommendations of 7th CPC are applicable only to Central Govt. employees who are getting pay/ pension on CDA pattern. Rule 37 (5) of CCS (Pension) Rules, 2021 clearly mentions that the permanent absorption of the Government servants, as employees of the public sector undertaking shall take effect from the date on which their options are accepted by the Government and from the date of such acceptance, such employees shall cease to be Government servants and they shall be deemed to have retired from Government service. Therefore, the orders issued by DoP&PW for revision of pension are not applicable to BSNL/ MTNL retired employees.
(iv)
On delinking pension revision from pay revision in
BSNL/MTNL it is clarified that at present the proposal is to revise the pension
by merging Basic+IDA as on 01.01.2017 without any fitment factor for pensioners
as well as future retirees, who are working at present. However, as and when
pay revision as per Yd PRC takes place in BSNL/MTNL the same fitment
factor which is extended to serving employees will be given to pensioners.
(v)
Further, as majority of combined service pensioners are
Non-Executives and DPE decides pay scales of executives only, BSNL/MTNL have
been requested to provide the pay scales of Non-executives, if decision has
been taken, so that total financial implications can be computed before sending
the proposal to DOE.
Encls : as above
(Leena George)
Under Secretary to Govt. of India
DEAR FRIENDS...
The Reaction by the General
Secretary is not in conformity with
our position of unified approach
before the
Authorities...Our Association has put
up a demand with logical/relevant
back-up, while some other
Associations have their own
demands. Now that A Situation has
arisen which is not according to our
demand(pay commission
basis)...Herein WE have to
understand
that Pension Revision is on its way in
whichever way it is settled. I am
certain that As the largest
Association, We are the Main Stake-
Holder in bringing about multiple
pressures by way of Meeting with
Officers/Court Case/through M.Ps of
Various Political Parties and even the
Minister on a couple of
occasions...The Time Has Come For
Us To Clinch The Issue Of Pension
Revision. Under this circumstance
Our Association has to play the LEAD
ROLE in circumventing all the
difficulties. AFTER ALL WE INTEND
TO BRING ABOUT MONETARY
BENEFITS to the BSNL PENSIONERS.
Let us Reap The Harvest as the
Vanguard of BSNL PENSIONERS...!!!
NK/CHENNAI.
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