TIRUNELVELI

 27-03-2021 அன்று ஆந்திரா மாநில செயற்குழு -

காணொளி கூட்டத்தில் -

தோழர் PSR ,  தோழர் D.G. அவர்களின்  சிறப்புரை - 

PSR Speech : 

 We are unable to continue our normal activities in the present covid situation.Pension revision with CPC formula in PB CAT NEW DELHI is posted to 08-05-2021. Ernakulam CAT has disposed off the case, filed by us,denying  pension fixation @ 50% of LPD to all BSNL pensioners retired between Oct 2000 and Dec 2005.  We filed an appeal in High Court of Kerala. Another case filed in Ernakulam CAT was for 78.2 arrears from 01-01-2007 instead of from 10-06-2013. This case is posted to 6th April 2021.

We won Pension Anomaly case in Dec 2016 in CAT. Govt did not implement and we went for contempt petition and this was disposed in our favour. We went for appeal in High Court and is ordered in our favour.  We are told that Pension Department approved to honour the judgement.  The matter has been referred to Law ministry. Law ministry told that this was not a fit case for appeal. The file has gone to Department of Expenditure for their approval. 

Some cases have come from Andhra. Income Tax has been levied on the entire amount of leave encashment including the encashment of leave earned during DOT period. We have taken up with CBDT, CPC IT Bangalore. The notices are now settled allowing full exemption for leave earned during DOT period.  Another case mainly from Tamilnadu that family pensioners were not allowed to migrate to CGHS. In Some circles, Family pensioners were allowed to migrate to CGHS and reimbursement of one time contribution amount is not allowed. We have taken up with BSNL and BSNL has now issued clarification to allow migration and reimbursement also.

Medical bills and medical allowance are still pending from 2019 onwards and every time when we pursued with authorities, they assure that they are going to arrange funds and they are not allotting.

Though VRS is effectively implemented, salary is not being paid. Tower corporation is formed and though Minister told that BSNL is not being privitised but it is being done in effect.  Next All India Conference is to be held in end of 2022 and some discussions are held to hold the AIC in Andhra. During lockdown period also, Andhra has given an impressive growth in the life membership.  

DG Speech :

 Congratulate Andhra Pradesh leadership for very good increase in membership. . Particularly during the pandemic period of 2020-21, increase of 1625 membership is highly laudable.  Similarly during this pandemic period , six new branches have been formed in Andhra. 1058 members from 13 SSAs have contributed donations of more than 13 lakhs in response to CHQ call for COVID fund which is really appreciable. Increase in membership is due to effective functioning, particularly taking up the problems of individual family pensioners.  In Central Secretariat meeting in January 2020, We took a decision to file the case for pension revision because there was no chance to settle the demand through negotiation Since Political boss has rejected our demand. We filed a case in PB CAT New Delhi.  Our Association is first applicant. Petitioners are one retired executive and two  retired non-executives. These includes those retired prior to 2007, post 2007 retiree and  VRS 2019 retiree also.   Even VRS 2019 retirees did not get pay revision and they are also identically placed. 1989 OM of Dept of Pension gave 3 options – to retain Govt Pension, 100% Commutation, Prorata Pension for Govt service . Before formation of BSNL , Govt moved a cabinet note . All employees are entitled to Govt Pension/Family pension even after absorption and payment of pension would be made by Govt.  Rule 37A is incorporated.  We have quoted nakara judgement 1982. Dept of Pension gave a clarification that pension will be calculated on IDA basic pay. Most of 6^th CPC recommendations are made applicable to BSNL IDA pensioners as per the clarification of DOP P&W.  In the past also for pension revision We have been continuously pressing for revision from 2007 and to undo the anomaly after pay revision as per 2^nd PRC in 2009/2010, DOT moved a cabinet note for pension revision for pre 2006 BSNL retirees. Now for 2017, DOT argued that BSNL retirees are getting more pension than CG pensioners. Govt says without pay revision, there is no pension revision. We have countered that argument and told that the minimum pension for BSNL pensioners is much less than CG pensioners after 7^th CPC. Some more examples are also given where BSNL retirees are getting less pension. Retirement benefits of Gratuity and Commutation are given to BSNL retirees and 3^rd benefit of Pension revision is denied. They have filed a counter in Nov 2020. The counter filed by DOT is on weak points.  We have given our rejoinder replying with facts. Another point in their counter that Sub rule (4) of Rule 37 A  says absorbed employees cease to be Govt Employees.   We have quoted one SC judgement that para 4 was struck down. 3 rd was likelyhood of anomaly if pension is revised without pay revision.  7^th CPC applicable to CDA pensioners not to BSNL IDA pensioners.  IDA is only legal requirement under sub rule 9 of Rule 37A. We are hopeful of winning the case.

Pension Anomaly – we have pursued the issue from 2010 onwards. Filed in 2014 judgement in 2016. Contempt petition and appeal of DOT in High court dismissed in our favour. Time limited of February is over. DOT is inclined to implement the Judgement. Dept Of Pension agreed with proposal of DOT and suggested to get approval of Expenditure Dept and  to seek clearance of Legal Deptl. Legal Department observed that this case is not fit for appeal.    DOT has to issue the order after approval of Expenditure Dept.  4000 pensioners have to get the benefit.