TIRUNELVELI

 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 7^th 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 7^Th CPC is concerned, it is clarified that the recommendations of 7^th 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 Y^d 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.