Pensioners’ Associations have been continuously making efforts to improve the pension system to enable them to live a satisfied and dignified life. But at the same time, the government was conspiring how to reduce the ‘burden’ of pension. New Pension Scheme (NPS) was implemented for employees recruited from 2004, denying them the existing defined statutory pension and converting in to contributory pension. The Pension Fund Regulatory Development Authority (PFRDA) was constituted with powers to extend it to earlier pensioners also, in case the government decides so. Except the then Left Governments of W.Bengal, Kerala and Tripura – all state governments followed suit by introducing the NPS in their states. Workers sarcastically called it ‘No Pension Scheme’. Despite strong protests from the pensioners’ organisations, defined statutory pension was not restored.

Pension for BSNL Retirees.

BSNL was formed in October 2000, bifurcating the services section of telecom from DOT in to Public Sector Unit. There were strong protest actions against the convesrsion and series of strike actions took place. Workers understood that the corporatisation was the first step towards privatisation and hence the sustained struggles. However, despite the strong protest of progressive unions like All India Telecom Employees Union Class III (N), the recognised Federations NFTE, FNTO and BTEF agreed for corporatisation with certain conditions. One condition was that government pension will be ensured to the BSNL absorbed DOT employees. It was later to be seen that the government was not very sincere and created umpteen problems with regarding to the calculation of pension and other connected matters, against which the workers had to organise struggles.

BSNL Employees Union was formed in 2001 by merging eight progressive unions, including E.III(N), T.III, Administrative Unions etc. Since its formation, it was dedicated to not only taking up the problems of workers, but also that of Pensioners as well as Casual and Contract workers. There were a lot of problems created by the government in payment of pension about which will be mentioned in the next chapter (to be continued).

During the last 7 yeas of Modi Government the prices of petrol, diesel and cooking gas gone sky high, almost double the price from the position when it took over the central government. This is also far higher than the prices in our neibhouring countries in Asia. The increase in price of petroleum products will also result in increase of prices of almost all essential articles.

Strong protest actions require to be organised against this attack on the common people.

It is understood from the minutes of the meeting between AUAB leaders and BSNL Board of Directors on 27-10-2021, released by BSNL on 29-10-2021, that AUAB is agreeable for 0% fitment for wage revision to avoid stagnation.In this connection, queries are being raised by several pensioners about the impact in Pension Revision of BSNL absorbed pensioners.AIBDPA had taken a principled stand that Pension Revision should be from 01-01-2017 with 15% fitment delinking wage revision. And we firmly assert that there is absolutely no change in our stand. Of course AUAB also has the same stand.The liability of wage revision is to be borne by BSNL whereas the entire liability of payment of pensionary benefits to BSNL absorbed pensioners lies with the Central Government by virtue of Rule 37 A amendment of CCS ( Pension) Rules, 1972. BSNL has paid Pension Contribution to the government at the rate of maximum of the pay scales of each BSNL absorbed employee. Therefore, pension revision of BSNL absorbed pensioners is no way connected with wage revision of BSNL employees. Also pension revision has nothing to do with the affordability condition of 3rd PRC, particularly in the wake of annulment of 60:40 condition by the Central Government in 2016. AIBDPA will continue our efforts and struggles to achieve the just and reasonable demand of pension revision with 15% fitment from 01-01-2017, delinking wage revision. We also welcome other Pensioners’ organisations who agree with the above demand for a joint struggle. (AIBDPA Website)

The landmark judgment delivered by the Constitution Bench of the Supreme Court on 17th December 1982 in D.S.Nakara and others Vs. Union of India is hailed as the Magna Carta of the Pensioners. The Bench consisted of Chief Justice Y.V.Chandrachud, Justice V.D.Tulzapurkar, Justice D.A.Desai, Justice D.Chinnappa Reddy and Justice Baharul Islam. The judgment of 64 paragraphs, not only accepted the pleas raised by the petitioners, but also made important comments on the rights of the pensioners on the issue involved.

The judgment clearly stated that ” the pensioners for receiving Pension form a class and there is no criterion on which classification of pensioners retiring prior to specified date and retiring subsequent to that date can provide a rational principle co-related to the object viz. object underlying payment of pensions..”

It was also pointed out “..(i) That pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 Rules which are statutory in character, because they are enacted in exercise of powers conferred by the Proviso to Art. 309 and Clause (5) of Art. 148 of the Constitution; (ii) that pension is not an ex-gratia payment, but is a payment for the past service rendered; and (iii) that it is a social welfare measure rendering socio-economic justice to those, who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age, they would not be left in lurch..”.

It also mentioned that ” ..A Pension Scheme consistent with available resources must provide that the pensioner would be able to live (i) free from want and with decency, independence and self respect (ii) at a standard equivalent at the post-retirement level…”.

A good number of such significant comments are part of the Supreme Court judgment, giving a slap on the face of the government. The historic judgment restored the self-respect and honour of pensioners. That is why pensioners all over the country celebrate the day of the judgment, 17th December, as Pensioners’ Day.

The judgment, including the comments, compelled the Central Government to issue orders for pension revision as also include the matter in the terms of reference to subsequent Central Pay Commissions ie. IV, V, VI and VII. Naturally, Pension Revision became a part of Recommendations of the CPCs. The SC judgment also compelled the government to introduce many reforms like Pension Adalat, SCOVA etc. (To be continued)

.As you are aware, AIBDPA had filed a writ petition in the High Court of Kerala against freezing of IDA instalments of BSNL absorbed pensioners from 01-10-2020 to 30-06-2021. The Hon’ble High Court issued an Interim Order on the same date of filing the case. However, the Government/DoT didn’t care to implement the interim order. Therefore our Advocate was trying to get the final order. The pandemic situation forced the courts to only limited and online functioning . The sustained efforts of our Advocate by moving an urgent petition has succeeded and the case was taken up for arguments on today, the 2nd November,2021. Though our Advocate completed the arguments, the junior counsel appeared for DoT/ Government prayed for adjournment for two weeks to enable the senior counsel to appear and present the arguments, if any. So the Court has posted the case to 11th November,2021. (AIBDPA Website)

BSNL has issued the order for payment of IDA instalments of 01-10-2020, 01-01-2021 and 01-04-2021 which were frozen by the Modi government for a period from 01-10-2020 to 30-06-2021. BSNL Employees Union had filed a writ petition in the High Court of Kerala against the freezing of IDA instalments and got a favourable order. However , BSNL management was delaying its implementation on flimsy grounds. After much pressure exerted and struggle by BSNLEU has finally yielded the result. Hearty Congratulations to CHQ BSNLEU and all the beneficiaries.

AIBDPA had taken a clear stand that the freezing of IDA instalments is not applicable to BSNL absorbed pensioners and took up the issue with the Minister of Heavy Industries and Public Enterprises, DPE and DOT. When there was no positive action from the authorities, CHQ filed a writ petition in the Kerala High Court and the Hon’ble High Court was pleased to issue an interim order in our favour on the same day of filing the case. However, both the DPE and DOT have not cared to implement the order. So , we are continuing our efforts to get a definite and final order from the High Court. (AIBDPA Website)

All India BSNL – DOT Pensioners Association, the militant organisation of BSNL-DOT pensioners, has completed 12 years of its fruitful existence on 21st October 2021, which day was celebrated by its branches, districts and circles all over India in a big way. It was a day of enthusiasm. Association flag was hoisted, demonstrations were held, veteran and senior leaders and workers were felicitated. Food supplied to old age homes in many places. Despite Covid situation, the day was celebrated, of course, keeping up Covid protocol.

It will be appropriate at this juncture to remember the history of pension and the pensioners movement in India.

Legacy of Pension in India.

Posts, Railways and Telegraphs were the first organised services in British India. Posts were started by the end of 18th century, while Railways and Telegraphs were introduced in 1854. British effectively used the Railways and Telegraphs in moving military and conveying messages to its units to suppress the First War of Independence (1957), which was called Sepoy Mutiny by them.

British rulers started pension system in India in 1871, which was of a contributory nature. The Royal Commission (1925) recommended that it should be statutory and based on the length of service of the pensioner. After getting Independence, the Family Pension System was introduced in the 1950s.

The Central Civil Services (Pension) Rules 1972 was introduced based on Article 148(4) and 309 of the Constitution of India. A maximum upper limit for pension was fixed, which was increased during the years. A liberalised Pension Scheme was introduced along with increasing the maximum pension to Rs. 1,500. But a cut off date was fixed, thus depriving pensioners retired before that date to the increased pension. Two retired officers, Shri D.S.Nakara, a retired officer of Defence Ministry and Rear Admiral (Retd) Sathyendra Singh of Indian Navy, filed cases in Supreme Court against this injustice. Shri H.D.Shourie of the Common Cause, an NGO of Delhi, also joined and gave financial support in conducting the case.

(I would like to mention an interesting incident in the 1960s, how the Family Pension was made available to the family of one Line Inspector at Calicut. When the information about the introduction of the Family Pension was known, Shri Ramanujam, photographer working in Deshabhimani, CPI(M) daily in Kerala, approached me and asked whether his mother would get family pension ? His father was a Line Inspector (I forgot his name) who passed away in 1946. He had no official document with him to prove that his father worked in P and T. After much search he was able to provide a single Money Order Coupon Receipt with details of his name, designation with salary particulars. During those days the pay and allowances were sent by the disbursing office to the employee by M.O. who was not working at the head quarters. As a Line Inspector, he was moving from place to place with construction work and hence salary by M.O. His son told me that he had worked at Mangalore, Bangalore etc. I went to Mangalore and after much effort, got some important particulars. With this information, a petition was prepared by the family and submitted to the department for family pension. Though it took some time, at last the family pension was sanctioned. The family was very happy. I also felt much happiness that I could help the family in getting their rightful pension). (to be continued)

Kerala will celebrate its 66th Foundation Day on 1st November 2021. It was on 1st November 1956 hat Kerla State was born after bifurcation of the then Madras State. The demand for Aikya Kerala (United Kerala ) was going on for many years since Independence.

Best Wishes to all on Kerala Day!

School classes in Kerala are scheduled to open on Monday, 1st November 2021 after a long period, due to Covid pandemic. The LDF government is taking all precautions for the safety of the children and the teachers. School books are all printed and ready to be supplied. Sanitation and sanitizing have been completed. It is noteworthy that this time the schools are being opened on the 66th Formation Day of Kerala.