ALL INDIA BSNL PENSIONERS WELFARE ASSOCIATION
All India Bsnl pensioners welfare association (r1833) Will be holding a dharna on ethiraj salai bsnl office on 18th july 2018 raising the demand that once in ten years the pension should also be revised on par with central government pensioners since bsnl pensioners are also covered by the same pension rules with regard to payment of pension but denied revision of pension every ten years.
WHY DHARNA BY BSNL RETIRED PENSIONERS ON 18/7/2018 AT ETHIRAJ SALAI BSNL OFFICE FROM 1000 TO 1300 HOURS.
Pension Revision from 1/1/2017 with 7th CPC fitment factor on IDA pattern
All India BSNL Pensioners’ Welfare Association was formed at Chennai on 20/8/2009. Now we have more than 70,000 members throughout the country. In Tamilnadu alone we have more than 13,000 members.
We have been demanding pension revision from 1/1/2017 for BSNL pensioners who were absorbed from DoT on 1/10/2000, the day of formation of BSNL. We have been pursuing this demand for more than three years.
In spite of our best efforts the issue is not settled. So, as per the decision of our Central Working Committee we are organizing DHARNA on 18/7/2018 to highlight the demand and draw the attention of authorities concerned.
Justification
- Department of Pension & Pensioners’ welfare vide its clarification dated 27/4/2009 stated “BSNL is the only PSU that has been granted a special dispensation under sub-rule 21 of Rule 37-A to the effect that pensionary benefits including FP to the absorbed employees of BSNL is paid by the Govt”.
- BSNL retirees are covered under CCS (Pension) Rules 1972 on par with Central Govt. retirees.
- Absorbed employees rendered most part of their service in Department of Telecom.
- Revised Rules of CCS (Pension) Rules 1972 consequent to 6th CPC recommendations like Gratuity ceiling, Enhanced family pension, application of new commutation table, age-related additional pension, Minimum/Maximum pension etc. were made applicable to BSNL IDA pensioners that too after getting clarification from DoP&PW.
- Explanation under sub-rule 8 of Rule 37-A of CCS (Pension) Rules 1972 clearly states that “it shall be calculated in the same way as calculated in the case of a C.G. servant, retiring or dying on the same day”.
- All non-executives would retire by 2026 and 95% of executives would retire by 2027.
- Gratuity is being paid in accordance with CCS (Pension) Rules 1972 and not according to Payment of Gratuity Act 1972.
- Retirement benefits in other CPSEs are as per DPE guidelines but for BSNL retirees it is as per CCS (Pension) Rules 1972.
- In the case of BSNL retirees, full pension liability lies on Government of India whereas for other CPSE retirees, GoI does not provide any budgetary support.
Our efforts
- We gave Oral evidence on 24/8/2014 at Bengaluru before the 7th This demand generated much discussion in which the chairman Justice A.K.Mathur, Shri Vivek Rae (Member) Ms.Meena Agarwal (Secretary), all leaders actively participated. After seeking required information and after going through the papers presented by us, the Chairman Justice A.K. Mathur stated “he views that this particular subject, as a judge, is to ensure natural justice and therefore, he is with BSNL pensioners and the commission will consider their demand, ofcourse, after getting the response from the Government”.
- We met previous Minister for communications Shri Ravi Shankar Prasad, present Minister Shri Manojsinha. We met previous Telecom Secretaries Shri Rakesh Garg, J.S. Deepak and present Secretary, Telecom Ms. Aruna Sundararajan twice. We met other officers also.
- We met officers of other concerned departments like Department of Pension also.
Points and counter points
During the course of discussion with officers in DoT headquarters they expressed certain points and we countered them in the following manner:
1)BSNL pensioners are already having more pension than C.G. CDA pensioners and still why you want more?
Our counter – a) conversion of pay from CDA to IDA is the legal requirement because Hon. Supreme Court in its judgement dated 3/5/1990 stated that any PSU started after 1/1/1989 should only have IDA pay. In accordance with that judgement Department of Public Enterprises issued orders on 12/6/1990. Though many BSNL pensioners (not all) are getting little more than C.G. pensioners that cannot be a reason to deny due pension revision.
2) Pension is related to pay and without pay revision how can there be pension revision?
Our counter – a) It is true that initial fixation of pension is related to pay but revised pension is determined on the basis of existing pension + Dearness Relief + weightage. b) By 2026 almost all absorbed employees in BSNL would have retired and there won’t be a pay revision from 2027 for DoT absorbed BSNL employees; in such an eventuality can the Government say that since there is no pay revision there can’t be pension revision even after 10 years? c) Minimum/Maximum pension for BSNL IDA pensioners is determined on the basis of Central Govt. employees pay and not BSNL employees pay.
3) In case, no pay revision or less percentage of fitment is implemented for the existing employees from 1/1/2017 because of the financial position of BSNL, will it not create an anomaly for those who retire after 1/1/2017?
Our counter – a) There were anomalies after every pay commission; there is pension anomaly between those who retired in the first nine months after formation of BSNL and those who retired after July 2001; anomaly exists between pre-2006 and post-2006 retirees. b) the likelyhood of anomaly for post 1/1/2017 retirees can be resolved by way of ‘notional pay’ for the shortage; precedences are there for determining pension on notional pay. Pension was determined to Central Govt. pensioners on notional LPD as per DoP&PW order dated 12/5/2017). So, likelihood of anomaly is not an issue which is beyond solution and that argument cannot deter us.
ALL INDIA BSNL PENSIONERS WELFARE ASSOCIATION(R 1833), C42 6TH STREET LAKSHMI NAGAR NANGANALLUR CHENNAI, President V Rama Rao 9444296085 State Secretary K Muthialu 9444666646, Contact Person D. Gopalakrishnan All india Vice President 9444010621 Ph 04422476121