PENSION REVISION CASE

 

PENSION REVISION CASE

Due to increase in number of Covid Cases ,

Principal Bench CAT New Delhi has 

preponed summer vacation.

So our PENSION REVISION CASE 

scheduled for 18-5-2021 

has now been adjourned to 15-6-2021. 

 

மாநில சங்க  சுற்றறிக்கை 

 மாவட்டச் சங்கத்தின்

வேண்டுகோள்:

இமெயில் ID வைத்திருக்கும் நமது உறுப்பினர்கள் அனைவரும் நமது அமைச்சருக்கு கீழ்க்கண்ட இமெயில் ID-க்கு மத்திய சங்கத்தின் கடிதத்தை அனுப்பிட கேட்டுக்கொள்கிறோம்

இமெயில் ID: moc-office@gov.in

அவ்வாறு அனுப்பியவர்கள் தகவல் தெரிவிக்கவும்

மாவட்டச் சங்கம் நெல்லை

 BSNL-ல் பணிபுரிவோர்,

ஓய்வு பெற்றவர்கள் 

ஆகியோருக்கு மருத்துவ சேவையில் பாரபட்சம்

 BSNL MRS திட்டம் சேவையில் உள்ளோருக்கும்; ஓய்வுபெற்றோருக்கும் என கொண்டுவரப்பட்டது.  அத்திட்டம் மூலம் இருவருக்கும் மருத்துவ பில்கள்,  மருத்துவ படி தரப்பட்டு வந்தது. மார்ச்- 2018 முதல் ஓய்வூதியர்களுக்கு மருத்துவ பில்கள், மருத்துவ படிகள் பட்டுவாடா செய்யாமல் நிலுவையில் உள்ளபோது, சேவையில் உள்ளவரகளுக்கு மட்டும் நிலுவை பில்கள் பட்டுவாடா செய்யப்படுகிறது. 

மேலும்,  தற்போது கொரோனா சிகிச்சைக்காக MOU மருத்துவ மனைகளில் மருத்துவம் பெற முன்பணம் சேவையில் உள்ளோருக்கு தரப்படுகிறது,  ஓய்வூயர்களுக்கு மறுக்கப்படுகிறது. 

ஏன் இந்த பாரபட்சம் என்று நமது பொதுச்செயலர் அவர்கள் துறை அமைச்சருக்கு கடிதம் எழுதி பாரபட்சம் களைய கேட்டுள்ளார். 

இப்பிரச்சனையை துறை அமைச்சருக்கு மின்னஞ்சல் முலம் கடிதம் அனுப்ப அறைகூவல் விடப்பட்டுள்ளது. 

அவ்வாறே அனுப்பும்படிகேட்டுக்கொள்கிறோம். கடித நகல் வாட்ஸ் அப்பில் உள்ளது.

 Name:

Desgn:

Place:

email :

அவ்வாறு அனுப்பியவர்கள் தகவல் தெரிவிக்கவும்.

email: moc-office@gov.in

இமெயில் அனுப்ப அருகிலில் உள்ள தோழர்கள் உதவிடவேண்டுகிறோம்.=

த.அன்பழகன், மாவட்டச் செயலர் மற்றும் நிர்வாகிகள்.

TO

ShI. Ravi Shankar Prasad, Hon’ble MoC, New Delhi.

Respected Sir,

This is a passionate prayer for justice.

BSNL introduced BSNLMRS in 2003 to ensure proper healthcare to its serving and retired   employees alike. All the orders issued by BSNL since then ensured equal treatment to serving and retired staff. Time and again, the Corporate Office directed field offices to settle medical claims from pensioners promptly. Though many of such instructions remained only on paper there was no discrimination between serving and retired staff in this regard.  

Surprisingly, in the present critical pandemic situation, when elderly people are vulnerable to the deadly disease, the BSNL CO has issued instructions on 29-4-2021 and 3-5-2021 to ensure Covid treatment only to serving staff, totally neglecting the retirees who shed their blood, sweat and tears for development of Indian telecom infrastructure.

While medical bills from Pensioners are pending for three years, it is being paid to the serving staff.  The assured medical allowance to pensioners is not paid after March 2018.  Fund is allotted to make advance payment for Covid treatment in the case of serving staff while the retirees are totally neglected in the matter.

BSNL Management violates the policy of the Government by naked discrimination against elderly people.

BSNL pensioners in large number are infected by Covid, few hundred lost life also. Infected cannot take proper treatment for want of funds.  Even hospitals empanelled for cashless treatment demand advance payment. 

Retirees suffer from frailty, mental tension and financial problems due to inhuman attitude of BSNL management who are benevolent to sanction sufficient fund for serving officers and staff.

Sir, we pray for your compassion, we pray for your immediate intervention to end the inhuman discrimination meted out to BSNL retirees.

Yours faithfully,

                                    

 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. 

 

AIBSNLPWA TN CIRCLE, has been vigorously pursuing with CCA office for issuing Co-authorisation of Family Pension to the physically challenged disabled child.  It was discussed in various adalat. It was initiated by  STR DIVISION as there are 8 cases amongst their members.

Some how or other no decision was taken by CCA Office ,  stating that as no provision in PPO and all. One sentence reply used to be given stating that "it would be considered as and when occasion arises" like that . 

During 2019 ,CCA office told that cases are simply forwarded by BSNL Units without proper recommendation. Based on effort ,CCA Office prepared a draft sanction memo to be signed by GM BSNL  for  co-authorisation of Pension and sent to STR. Sri.D.Tamizhmani PGM STR Chennai  was very much kind enough to send the documents with specific sanction Subsequently due to bulk VRS ,COVID19  lock down etc. ,this could not be moved so fast and we also could not go to CCA Office  . 

We took up this issue during Dec 2020 Virtual Adalat. Sri.Dhakshinamurthy Joint CCA assured that he would  look into it . During Jan 2021 ,Joint CCA called us to come for discussion. Circle Secretary and ACS Com. S.Sundarakrishnan went to CCA Office , discussed the matter with Jt.CCA. CCA office wanted the disability certificate in a prescribed pro-forma as approved by Govt.of India. Original individual Certificate has to be submitted to CCA Office.We requested to return the original to individuals after sanction. As Sri.Dhakshinamurthy  Joint CCA Pension  and Sri. Chandramouli Sr.AO Pension will be retiring this month and we requested to settle this issue early. They assured that they would settle it before their retirement. 

Five such cases have  been processed and orders issued two days back. 2 cases from ChTD,  Muthulakshmi TVL SSA,  Azhagarasi DPI SSA and  Usha STR . Today we contacted Joint CCA and Sr.AO pension regarding

a) Return of original Medical Certificate. They assured that it would  be sent through BSNL UNITS.

b) They also assured that all such cases received at CCA office were being pursued and orders would  be issued by this month. We conveyed thanks to Joint CCA and Sr. AO Pension. As we have paved the way, this procedure will continue. It is worth to mention that CCA Tamilnadu is the first circle which has initiated and found out a solution.

 With Fraternal Greetings,

Tamilnadu Circle secretary.

 

With grief filled heart  we post the sad news of the untimely demise news of our Circle  Vice President  Com S.SRIDHARAN aged  79 today morning.It is a shocking news to all of us.  Com.S.Sridharan was an active field worker of NFTE since his early days of service. Very soft spoken personality and strict to his Principle .He never hesitated to express his ideas in the meetings..He is a District Office Bearer Of STR DIVISION .He held the portfolio of AGS in the Federation of All INDIA Pensioners Association. His services to the organisation will ever cherish in the minds of our comrades.His departure is a great loss to our Association .  

We express our deepest condolence to the bereaved members of the family.

Pray the almighty to keep his soul at peace . 

 

 

PENSIONERS PATRIKA

 MAY-JUNE 2021

25/04

Due to sudden surge of Covid19 we are unable to print the Patrika and send by post.

 It is uploaded here as Ejournal.

Please click here to see the PP May-June 2021

pp-2021-may.pmd.pdf

 All India Consumer Price Index

 AICPI(IW) (2016=100)for March,2021 increased to 119.6 compared to 119 points for February,2021.