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On 20-7-2016, when our GS and Treasurer met the Director (HR) of BSNL they requested her to endorse the DoP&PW and DoT orders on de-linking condition of 33 years of service for entitlement of Full Pension. She assured immediate action.
Today, on 29-7-2016, the BSNL Corporate Office has endorsed all the orders on the subject vide BSNL No. 40-22/2011-Pen(B) dated 29-7-2016 to all Heads of Circles.
The AICPI for June 2016 is declared today. It is 277 points.
As all know, the Pension will be revised for CDA pensioners with effect from 1-1-2016 under Seventh CPC formula.
It is simple: Existing Basic Pension x 2.57 = The new Basic Pension
CDA:0 % from January 2016. It will increase to 2 % from July 2016.
Under Sixth CPC system the CDA would have increased by 7 percent.
See the impact on a pensioner with Exiting Basic Pension of Rs 10000:
Rs 10000 x 7/100 = Rs 700.00 ........New BP Rs 25700 x 2/100 = Rs 514.00.
A reduction of Rs 186 in the quantum of CDA!
At this rate, the benefit from Seventh CPC will disappear within 4 or 5 years.
Click on the Table required
The Pension Anomaly Case was listed for today in Principal Bench of CAT. It is once again postponed to 8-9-2016. CAT first takes up cases for admission, then cases for final hearing. Final hearing is fixed based on the date of filing the cases. According to the above procedure, our case may be taken up for final hearing in 2017 only. Till then, this postponement will be repeated. We can not escape from this. We have to bear with this delay in Court.
"For me, there are two types of people: the young and the experienced".
... Dr. A. P. J. Abdul Kalam
AS PROMISED BY DIRECTOR (HR) TO OUR GS ON 21st, BSNL CORPORATE OFFICE HAS ENDORSED TODAY THE ORDER ON 78.2%. .78.2-bsnl-endorsement.pdf
BSNL Pensioners of KANCHEEPURM celebrated the victory in the case of 78.2% and formed a new branch of AIBSNLPWA there under Chennai TD Circle. Comrades G Natarajan, K Muthiyalu and others attended on behalf of CHQ
1. On 25-7-2016, Government of India has released the Gazette Notification on the Seventh Central Pay Commission report. It is on Pay revision only.
2. Separate order is expected to be issued by Department of Pension soon.
3. The Minimum Pay is Rs 18000 as per the Notification; No change.
4. The Multiplication factor is 2.57; No change.
5. No mention about the Minimum Pension.
The notification is given here. Click on this Link in red colour. . cpc-notfication.pdf
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.