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MANGALORE (KARNATAKA) COMRADES CELEBRATED THE VICTORY IN THE MATTER OF 78.2%. COMRADE R CHANGAPPA (CS) AND COM. K GURURAJAN (TREASURER) ATTENDED THE MEETING AND EXPLAINED DETAILS. 
One Pensioner’s organization has critised us in their website with the caption “Empty Vessel makes sound”
They have taken pains to surf our website including archives, Key-note address of Bangalore AIC etc. and they have concluded that we have not raised the issue of 60:40 earlier and we talk about it only after the Cabinet clearance.
We can understand the anger, frustration of many pensioners organization including this organization because pensioners throughout the country give credit to us for this victory because we have been apprising them about the developments then & there.They should realize that the victory celebrations are spontaneous.The leadership of these organizations does not understand the ground reality.One organization said “Pensioners are bleeding” and this organization said that we are not bothered about the arrears from 1/1/2007 to 9/6/2013 and consequent benefits for those who retired after 1/1/2007.Long back in our Ernakulam CWC itself we have discussed it and we have our own strategy.Our earlier letters to Secretary, Telecom vindicate our position on this issue.
This particular organisation’s anger is because their arch-rival has addressed our Bangalore Victory meeting on 16/7/16 and told the truth that our organization is only responsible for this victory.For the information of those critics we give some details here.
The article written by Com D.Gopalakrishnan in Pensioners Patrika 19 (July-Sept.2015) explains the issue of 60:40 and at the end he has concluded as:-
Pension contribution is not taken into account as revenue.Further, pension expenditure comes under Major Head 2071 in which 10 items are included like pension, family pension, gratuity, commutation etc.The above tables reveal that from 2009-10 onwards it has far exceeded 60% of revenue.So, the prescription is wrong and needs to be withdrawn.Statutory Rule says payment of pensionary benefits including pension and family pension is the responsibility of the Govt.
In our Bangalore AIC report under para 12.1 it was stated “During the discussion, DoT Secretary informed of the 60:40 issue.Our leaders immediately pointed out the clarifications issued by the previous DoT Secretary (Shri Behura).When DoT Secretary wanted a copy of that letter our leaders promised to supply the same next day.They fulfilled their promise.On 26/3/2015 DoT Secretary assured that the revised Cabinet Note will be circulated within 15 days to the nodal ministries”.
With the help of Shri Ananthkumar, we met Shri Nripendra Misra, Principal Secretary to PM who was earlier Secretary, Telecom on 1/12/2015.The purpose of meeting him was only for the annulment of 60:40 and we handed over a letter to him on that day which we hereunder reproduce and it is self-explanatory.
Please read that letter:
ALL INDIA BSNL PENSIONERS WEFARE ASSOCIATION(REGD. 1833/09)CENTRAL HEADQUARTERS
B1,SHARADHA NIWAS,3/2,SRINIVASA AVENUE ROAD, ,R.A.PURAM, CHENNAI-600028
Date: 30/11/2015
To
Shri Nripendra Misra, IAS,Principal Secretary,Office of Hon. Prime Minister of India,New Delhi.
Respected sir,
Sub: Extending the benefit of 50% IDA merger to all BSNL retirees –
Request intervention
On the basis of the recommendations of GoM, DPE issued O.M. on 2/4/2009 revising the pay of employees of CPSEs from 1/1/2007 taking into account 50% IDA merger.It was endorsed by DoT & BSNL only on 10/6/2013 giving the actual benefit from 10/6/2013.This benefit was extended to employees who were in service as on 10/6/2013 and those who retired after that date got the retirement benefits on that basis.Since then, we demanded that the same benefit be extended to those retirees who retired from BSNL prior to 10/6/2013 since there can’t be any discrimination in pension on the basis of date of retirement as per Apex Court verdict.
2. DoT initiated the proposal and got the approval of nodal departments viz. DoP&PW and DoE.But DoE while giving its clearance, suggested to seek the approval of Cabinet.Accordingly DoT prepared a ‘Draft Cabinet Note’ and circulated to all the four nodal departments.Except DoE, all other departments have offered their comments/views on it.DoE sought certain details because the ‘Draft Cabinet Note’ sought to do away with the unreasonable stand of linking the payment of pension with BSNL’s payment to GoI by way of License fee, Tax etc.
3. Before the formation of BSNL, in September 2000 Cabinet has given its approval, on the basis of recommendations of GoM, and the salient points were:-
- a)All employees will be entitled to Government’s scheme of pension/family pension even after their absorption
- b)Payment of pension would be made by Government
- c)Arrangements would be worked out for obtaining pension contribution from the PSU to be deposited with the Government
- d)The pension framework has been made part of the CCS Pension Rules by amending Rule 37 using powers under article 309 of the constitution of India
4. According to this, BSNL’s liability is only to pay pension contribution and it is being honoured.
In 2005, you were the secretary, DoT, and there was a meeting in February 2005 in Sanchar Bhawan between you and CMD, BSNL, Shri A.K.Sinha.During that meeting, the above points were told to Shri A.K.Sinha.Recalling the discussion he wrote a DO letter on 24/2/2005 to you, sir.You have promptly replied to him vide DO letter No.1-45/2003-B dated 15/3/2005 in which para iii reads as “In respect of official/officers absorbed in BSNL, BSNL will be liable to pay the pension contribution in accordance with FR 116.The liability on account of pension payable will be that of Government of India”.
5. After you demitted office as Secretary, Telecom, DoT issued a letter vide No.1-45/2003-B dated 15/6/2006 in which it was stated that “Annual pension liability of the Govt. in respect of employees who retired prior to 1/10/2000 and those who have worked/are working in BSNL on deemed deputation and those who are absorbed in BSNL shall not exceed 60% of the receipt to the Govt. on the following items: (a) Dividend income from MTNL/BSNL, (b) Licence fee from MTNL/BSNL (c) Corporate Tax/Excise Duty/Service Tax paid by BSNL”.
6. Clarifying the above letter dated 15/6/2006 of DoT, Shri Siddhartha Behura, Secretary, Telecom issued an order vide No.40-12/2007-Pen(T) dated 5/1/2009 in which it was stated “it is hereby clarified that the limit of 60% is for normal funding.This does not in any way distract from the fact that the ultimate liability towards pensionary benefits including family pension to the BSNL employees as per sub-rule 21 of Rule 37-A of CCS (Pension) Rules, 1972, lies with the Govt.If BSNL, for any reason, is not able to contribute to the extent prescribed, the GoI will still pay the admissible pensionary benefits”.
7. Further, Shri J.S.Deepak, Joint Secretary, DoT, wrote a DO letter to Shri Kuldeep Goyal, CMD, BSNL vide A-110/1/2005-Admn.II/Abs.cell dated 21/10/2008 in reply to his letter dated 7/10/2008.In that letter, Joint Secretary quoting sub-rule 21 of Rule 37-A of CCS (Pension) Rules, 1972 stated “the pensionary benefits including family pension shall be paid by the Govt.The sub-rule leaves no scope for any doubt and that payment of pensionary benefits including FP in respect of the absorbees in BSNL is the responsibility of the Govt. irrespective of other arrangements made with BSNL regarding contribution, etc.”
8. The pension liability of the Govt. has exceeded the limit of 60% of the receipt of the Govt. from BSNL after 2010-11 onwards due to various factors and the Govt. continue to pay the pensionary benefits as per statutory commitment.So, in effect the DoT letter dated 15/6/2006 is obsolete.Since it was based on the recommendations of ‘Committee of Secretaries’ and approved by the Cabinet in January 2005, to rescind that order Cabinet approval is required.Hence DoT, while moving the Draft Cabinet Note has proposed that also.The Draft Cabinet Note was circulated in June 2015 by DoT and except DoE, all other departments have given their views/comments.
9. In this context, we seek your kind help sir, to get the clearance from DoE so as to enable DoT to prepare the final Cabinet Note and send for Cabinet approval.More than 1.2 lakh pensioners are anxiously waiting for more than 30 months to get this due benefit.We shall feel highly obliged for your kind help in this regard.
Thanking you
Yours faithfully,
(G.Natarajan)
General Secretary
Now, the Department of Telecom has issued the necessary order rescinding the stipulation of 60% limitation on pension liability.The order is already given in this Website.
STRANGE SITUATION
A strange situation still prevails.Technically, BSNL is the Pension Sanctioning Authority for us. May be because of this situation the BSNL offices are asked to process the cases and forward to CCAs to authorize the revised pension.
BSNL has the authority to sanction. But it has no power to increase/decrease a single rupee in our pension. BSNL should take permission from government for that. Government has the power to revise the pension; but it has to wait for the sanction from a company working under it.
This strange situation should got to be be changed. CCAs should be given the power of Pension Sanctioning Authority. All documents are digitalised. BSNL has spent huge amount (Rs 5000 Crore or so) on ERP. There should not be any difficulty to transfer the documents. Now it is 100% responsibility/liability of the Government to pay our pension. The government should have the authority to sanction it also.
No 40-13/2013-Pen (T) Dt 20-07-2016
Government of India
Ministry of Communications
Department of Telecommunications
OFFICE MEMORANDUM
Sub: Modifying the liability of BSNL towards the payment of pensionary benefits to the retired employees
As stipulated in rule 37-A of CCS (Pension) Rules, 1972, the pensionary benefits in the case of BSNL shall be paid by the Government, and the government shall specify the arrangement and manner including the rate of pensionary contribution to be made by BSNL and the manner in which financial liabilities on this account shall be met.As per sub-rule 24 of the said Rule, the arrangement thus worked out shall be applicable to the existing pensioners and to the employees who are deemed to have retired from Government.
2.The instructions with regard to the financial liability on this account were issued vide DoT’s letter no 1-45/2003-B dated 15-06-2006.Subsequently, the matter of modifying the Pension liability of BSNL towards the payment of pensionary benefits including family pension to the retired employees has been considered by the Government, and the following has been decided.
(a)The pension liability in respect of employees of DOT/DTS/DTO who retired prior to 01.10.2000 is solely borne by Government of India and the BSNL will have no liability in respect of these employees.
(b)The liability towards pensionary benefits including family pension to the BSNL employees (excepting those recruited after 1-10-2000), as per sub-Rule 22 of Rule 37-A of CCS (Pension) Rules, 1972, lies with the Government of India.The condition that the annual pension liability of the government shall not exceed 60% of the annual receipts to Government from the items specified in the O M dated 15-06-2006, is hereby rescinded.
(c) BSNL will continue to discharge pension liability by way of pension contribution in accordance with FR 116.
Sd/-
(S K Jain),
DDG (Establishment)
Implementation of 7th Pay Commission: No Proposal to increase Fitment factor, Notifications to be issued shortly – FM
ON 21-7-2016, in a written reply to a Question raised by Shri Neeraj Shekhar MP regarding Increasing Fitment Factor , the Finance Minister informed that no such proposal is under consideration of the Government. Further he stated that since the Govt accepted the recommendation of 7th Pay Commission,requisite notifications for implementation of 7th CPC recommendations are being issued shortly.
Our Head Quarter branch held a general body meeting today, 21-7-2016 in New Delhi.
Com. Natarajan (GS), Com. Vittoban (Treasurer), Com. G L Jogi (Chairman SNEA) and Com. K Sebastian (GS SNEA) addressed the meeting.
Few photos
Today, Com. G Natarajan, GS met Smt Sujata Ray, Director (HR) of BSNL along with Com. T S Vittoban, Treasurer.
GS requested to endorse the two important orders; 1) DoP&PW order de-linking condition of 33 years for full pension to pre-2006 pensioners. 2) The DoT order of 18-7-2016 on 78.2% benefit to pensioners.
Director said that it is being done and she instructed the concerned officer to issue the endorsements immediately.
WE FONDLY REMEMBER HIM….After lot of persuasion and discussions, the Department of Telecom accepted our plea for extending the benefit of 78.2% to BSNL retirees for revision of our pension. A proposal in this regard was sent to Department of Pension on 29-10-2013. After two months, the Department of Pension approved the said proposal with one condition that permission should be taken also from Department of Expenditure under Ministry of Finance.
Accordingly the proposal was submitted to DOE on 11-1-2014. After few days Com. Chhidu Singh went DOE and met the Director there. The Director told that his office did not receive any file from DoT. Chhidu Singh came back to Sanchar Bhavan and enquired. DoT people informed that the file was sent by hand. With the permission of Director (Estt), Chhidu Singh took the Group D employee who delivered the file in DOE. Then DOE people admitted that it was received but same was misplaced in their office. Once again Chhidu Singh came back to Sanchar Bhavan, took duplicate copies of the documents and he himself delivered the same to the Director in DOE.
That was Com. Chhidu Singh. Nobody else could have done such work. Others, sitting in Delhi permanently and claiming now all the credit for 78.2% did not know this. They were reporting the movement of the File. While we were moving the File from one table to another, from one office to another.
We remember late Com. Chhidu Singh for his systematic work and dedicated service.
Com. G Natarajan, our General Secretary and Com. Vittoban, CHQ Treasurer along with Com. R C Malhotra, AGS met the Secretary, Telecom Shri J S Deepak IAS today and conveyed gratitude of all BSNL pensioners in India for issuance of the order on 78.2. Shri Deepak is happy that he is getting blessings from elders. GS handed over a detailed letter to the Secretary seeking his intervention to have an amicable settlement of Pension anomaly case. Secretary assured that he would look into the matter.
MEETING THE NEW DIRECTOR (Estt).
Our leaders met the new Director (Estt) Smt. Vandana Sethi and discussed some items:
1.Clarifying the points raised by some CCAs about application of the recent orders on delinking of 33 years condition for full Pension. Some CCAs have taken a strange stand that it is not applicable to BSNL pensioners despite a clarification from DoT on 3-6-2016. Central Pension Accounting Office in Ministry of Finance made it very very clear that there is no pro rata pension now and anybody having rendered ten years service is entitled to full pension.
2.Court has directed the DoT to count Extra Increment for pension. But the benefit is given only to the four pensioners of Kerala who have gone to the Court. Few hundred affected pensioners are waiting for the benefit in different circles. A general order is required in the matter.
3.Wrongful recovery of excess payment made by Department for no fault of the employee/pensioner. Supreme Court has issued clear, unambiguous order. But it is not yet endorsed by Directorate.
4.CGHS for BSNL pensioners.In Delhi the CGHS does not entertain BSNL pensioners on the plea that they are PSU pensioners. Clear order is available.But the premium is yet to be determined.
After discussion the Director told that since she is new to the post she would seriously examine these cases and take suitable action.
BON VOYAGE TO COM. GANGADHARA RAO.Our Deputy General Secretary Com. P Gangadhara Rao is leaving tomorrow for USA along with his wife. His plan is to return by end of October and join us in the next Central Working Committee meeting to be held in RTTC complex, Rajpura, Punjab on12-13, November 2016.
Com. Gangadhara Rao is leaving with full satisfaction, after fulfilling a great task, after seeing the order in his hand. He has done a great service to BSNL pensioners all over India in a most brilliant manner.
WE WISH HIM A HAPPY STAY WITH HIS DAUGHTER IN USA. WE WISH THE FAMILY THE BEST.
Now, order is come. The Pension handling offices of BSNL are asked to process the cases and forward the same to CCA offices. Therefore, District Secretaries should meet the Heads of SSAs and request them to constitute Special Cell in SSA offices to take up this work immediately.
When DoT issued order on 10-6-2013 granting benefit of IDA merger to serving staff there was some confusion. The benefit was granted w.e.f 1-1-2007 but actual payment was made from 10-6-2013, the date of issuance of the order, as per the agreement made by BSNL Management and Staff Unions in June 2012. Those who agreed for PROSPECTIVE EFFECT are responsible for the loss of arrears from 1-1-2007. Fate of people retired between 1-1-2007 and 9-6-2013 was not clear. As such, till this date their pension was not revised. Now it is made beyond all doubt that the fixation from 1-1-2007 to 9-6-2013 is NOTIONAL only. Some people do not accept it. And, nobody wants their acceptance or consent. Cabinet decided and DoT issued order stating it is notional only.
No doubt, it is a wrong decision. It has to be challenged; it has to be fought against. Without accepting the reality you can not challenge it.
We are reproducing hereunder the ORDER dated 18-7-2016THE ORDER
Department of Telecommunications
OM No 40-13/2013-Pen (T) dated 18-07-2016
Sub: Revision of pension of BSNL pensioners/family pensioners, who retired prior to 10-06-2013 by allowing the benefit of merger of 50% DA/DR with Basic Pay/Pension, effectively amounting to 78.2% DA/DR for the purpose of fitment.
The pension to combined service optee absorbed employees in BSNL is paid by Government as per sub-rules 21 to 23 of 37-A of CCS (Pension) Rules 1972.
2. Consequent to the Department of Public Enterprises (DPE) orders dated 26-11-2008, revision of pay of employees of BSNL was allowed with effect from 1-1-2007 vide letter No 61-01/2009-SU dated 27-02-2009. Subsequently, pension/family pension of employees retired from BSNL who retired between 01-10-2000 and 1-1-2007, was revised vide this Office OM No 40-27/2008-Pen (T) Vol. III dated 15-3-2011.
3. Further to Department of Public Enterprises OM No 2(70)/08-DPE (WC)-GL-VII/09 dated 02-04-2 009, the benefit of merger of 50% DA with Basic Pay effectively amounting to 78.2% IDA as on 1-1-2007 for the purpose of fitment, was granted to the BSNL serving employees w.e.f. 10-06-2013 vide Order No 61-1/2012-SU dated 10-6-2013.
4. The issue regarding revision of pension/family pension of BSNL IDA pensioners/family pensioners, who retired prior to 10-06-2013 has been considered by the Government, and the following has been decided:
(a) The pension/family pension of BSNL IDA pensioners/family pensioners, who retired prior to 01-01-2007, may be revised as on 01-01-2007 notionally with actual benefit w.e.f. 10-06-2013 by adding together
(i) Existing basic pension/family pension including commuted portion of pension, if any
(ii) Dearness Relief (IDA) @ 78.2%
(iii) Fitment weightage @ 30% of the existing pension/family pension and dearness relief (IDA) thereon
The amount so arrived will be regarded as consolidated pension/family pension with effect from 10-06-2013.
(b) The pension/family pension of BSNL IDA pensioners/family pensioners, who retired between 01-01-2007 and 09-06-2013, their pay may be revised notionally with effect from 01-01-2007 by allowing the benefit of merger of 50% DA/DR with Basic Pay/Pension effectively amounting to 78.2% IDA for the purpose of fitment and consequential revision of pension on notional pay with the actual benefit w.e.f. 10-06-2013, at par with the serving employees of BSNL. However, these pensioners do not get actual benefit of increase in pay/pension during the period between 01-01-2007 to 09-06-2013, and they would not get increase in the amount of DCRG, leave encashment and commutation of pension on this account.
5. The other conditions with regard to commuted portion of pension, minimum pension and increase in the quantum of pension/family pension to the old pensioners/family pensioners, as mentioned in this office OM No 40-17/2008-Pen(T) Vol. III dated 15-3-2011 shall remain the same.
6. Action to revise pension/family pension in terms of these provisions may be initiated suo-moto by the concerned Heads of offices. All administrative offices of BSNL handling preparation of pension papers of BSNL pensioners may be directed to initiate the process of consolidation of pension/family pension to the BSNL IDA pensioners/family pensioners, who retired prior to 10-06-2013, at the consolidated rates in terms of para 4 above immediately and forward the same to the concerned CCAs for consolidation and issue of revised Pension Payment Orders (PPOs).
7. The exercise to extend benefit of these orders to the pensioners/family pensioners should be completed by 31-12-2016.
Sd/-
S K Jain , DDG (Estt.)
Com. G Natarajan, our General Secretary reached New Delhi today. He met Smt. Annie Moraes, Member (Finance) and conveyed to her the sincere thanks of BSNL Pensioners all over the country for releasing the order on 78.2%. Smt. Annie Moraes was the Member (Finance) since September 2013. She will be retiring on 31-7-2016. It is heard that she may become Member of TRAI after retirement.
Smt. Moraes was very much helpful in getting the condition of 60:40 annulled from the Rules.
GS, along with Com. R C Malhotra, AGS etc met the staff in Pension Section and distributed sweets to them for their prompt action in releasing the order.
It may be noted that the Cabinet cleared VII CPC report on 29-6-2016 and our case on 5-7-2016. Till this date, the order on VII CPC report is not issued. Whereas, the order on 78.2% has been released today.
18-7-2016 5.15 PM THE ORDER ISSUED BY DOT ON 78.2% IS ATTACHED HEREWITH.
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