Category Archives: Pension

Secretary Staff Side, NC, JCM demands the govt to implement court judgment on Pension to those recruited in 2003 but posted after 01-01-2004, as per court judgment

03 Friday May 2019

Posted by in BSNL, CG Employees, Pension

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The Confederation of CG Employees, as also Staff Side, JCM National council,  has demanded that the officials who were appointed after 01-01-2004, but recruited before the date should be made eligible for pension as per CCS (Pension ) Rules 1972 and not as per NPS. This is a good development.

In the same way, it is necessary that those who were recruited before 01-10-2000, but appointed after 01-10-2000 in BSNL as also all the casual labour regularised after 01-10-2000 should be eligible for pension  as per CCS(Pension) Rules 1972. The case was taken earlier, but the govt. did not agree. Now after the court judgment, the demand has got full justification and legal approval.

The letter from the Staff Side, National council, JCM is reproduced below:

No.NC-JCM-2019/Pension/NPS April , 2019
The Secretary

Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.

Judgment in WP (C)3834/2013 & in WP(C)
2810/2016 dtd. 27/03/2017.
CRPF Lt. No.PAO/CRPF/MHA/NPS/DA-9(1)/
2018-19/797, dtd. 15th March 2019.
Sir,Lt. Dtd. 15th March 2019.
of Delhi, dtd. 12th Feb. 2015 and
27 March 2017.

Sub: Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01/01/2004.
Ref: 1) Judgment of the Hon’ble High Court of Delhi
2) Min. of Home Affairs (Pay & Accounts Office)
* * *
You are aware that the Staff Side of National Council(JCM) is representing in various forums to withdraw the National Pension System and to restore the old Pension Scheme under CCS(Pension) Rules 1972, to the Defence Civilian Employees recruited on or after 01/01/2004, since the NPS is determental to the employees as there is no defined guarantee for Pension during the old age. This was one of the important demand, for which the NJCA has served Strike notice on the Govt. For observing In-definite Strike. However due to the assurance given by the Group of Ministers, the proposed In-Definite Strike was deferred.
Sir, at present based on the Judgment of the Hon’ble High Court of Delhi in the above referred cases, the Ministry of Home Affairs have decided to extend the benefits of the old pension scheme under CCS(Pension) Rules 1972, to the Para-Military forces who were selected during the year 2003, but joined service on or after 01/01/2004. In this regard your kind attention is drawn to the letter of Ministry of Home Affairs, dtd. 15th March 2019 referred at (2) above (copy enclosed for ready reference). The Ministry of Home Affairs have decided to transfer the NPS contribution of the concerned employees to the GPF Scheme and also to bring the employees who were selected during 2003 on the basis of notification issued during 2002/2003 and joined service on or after 2004, under the coverage of CCS(Pension) Rules 1972.
A large number of Central Govt. Employees in various Departments Like Railways, Defence, Postal and other Departments are similarly placed. These employees were selected for appointment during the year 2003, based on the employment notification issued during 2002/2003 however due to delay in receiving the Attestation Forms(Police Verification Report), Medical fitness etc., they were forced to join service on or after 01/01/2004. Due to no mistake of theirs’ they were brought under the coverage of NPS, thereby denying them the benefit of GPF and Defined Guaranteed Pension under the CCS(Pension) Rules 1972. These employees also have now started representing for extending the benefit given to the Home Ministry Staff for them, and their demand is fully justified and is covered under the Judgment of Hon’ble High Court of Delhi.
Sir, in view of the above, it is requested that you may kindly look into the matter and arrange to issue instructions for extending the benefit given to the Para-Military forces in the Home Ministry to the similarly placed Central Govt. Employees by extending them the benefit of Old Pension Scheme under CCS(Pension) Rules 1972. A copy of your instruction may please be endorsed to this office.
Thanking you,

sign secretary


 
 
Encl: 1) Copy of Ministry of Home Affairs Lt. Dtd. 15th March 2019.
2) Copy of the Judgment

Wage Revision discussion in BSNL

25 Thursday Apr 2019

Posted by in BSNLEU, General, Pension

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BSNL workers are eligible for pay revision with effect from 01-01-2017. 10 years are over since the last pay revision w.e.f. 01-01-2007. Actually, five years should be the period, but at least it should  be given after 10 years.

Since BSNL is 100% government owned PSU and is fulfilling the social obligation of the government for universal connectivity all over India, without considering profit or loss, the criteria of profit making is not applicable to it. Further, it is due to the anti-PSU policy of the government as well as the cut throat competition that BSNL, which was profit making, has become loss making.

The DOT / BSNL should not hesitate to agree for 15% fitment as suggested by III PRC.

Pension Revision also should be made immediately, without waiting for the Pay Revision since the issues are delinked.

Modi Government against the Pensioners

09 Tuesday Apr 2019

Posted by in AIBDPA - BSNL DOT Pensioners, BSNL, CG Employees, NCCPA, Pension

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Modi government never cared for the central pensioners. It seems that the government is of the opinion that the pensioners are a burden on the nation and has to be denied even the basic requirement that a pensioner requires.

The VII Central Pay Commission recommended that ‘One Rank, One  Pension’ system, which was already implemented for the retired army personnel,  be implemented to other central pensioners also. The Modi Government, to deny any improvement in the recommendations, have stated that the CPC is an award and it can not be improved. But in the case of pensioners, why the recommended One Rank One Pension is not being implemented?

Pension Revision is to be implemented to the BSNL absorbed DOT pensioners w.e.f. 01-01-2017, after 10 years of the Pension Revision implemented in 2007. But it is refusing to implement the Pension Revision, causing much anguish and agony to the concerned pensioners.

The demand of the NCCPA  to introduce the statutory benefit pension scheme to those newly recruited since 2004 ( in the case of BSNL recruitees from 2000) instead of the NPS, has not been accepted by the government. (It is to be noted here that the Kerala LDF government has appointed a committee to look in to the conversion of NPS introduced for the kerala state employees by the UDF government in 2013 back to statutory benefit pension scheme. )

While the LDF Government in Kerala is paying Social Security Pension of Rs. 1,200 to all those who completed 60 years and has no other pension, the BJP ( as also the Congress ) led governments are paying a meagre amount of Rs. 200 – 400 only as such social security pension.

Please see that even the respected elder leaders in BJP have been ignored and insulted. That is BJP.

Yes, there is a big difference between the BJP/Congress governments and the Left Front government with their approach to the issues of the pensioners.

The Lok Sabha elections are going on. This is the time teach the Modi government a hard lesson that pensioners will not be silent against attack on them. Vote for the Left, wherever they are there. Vote for the other secular parties where Left candidates are not there.

The defeat of the BJP in this election is a must for the better existence of the pensioners and senior citizens in the country.

 

Pension Revision – Detailed letter of AUAB to Secretary DOT

31 Thursday Jan 2019

Posted by in AIBDPA - BSNL DOT Pensioners, AUAB, BSNL, BSNLEU, Pension

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The letter written by AUAB to Secretary DOT on Pension Revision is given below. The detailed letter put the demand very clearly for pension revision on the basis of IDA scales.

ALL UNIONS AND ASSOCIATIONS OF BSNL (AUAB)
No: UA/2019/ 31.01.2019
To
The Secretary (Telecom),
Department of Telecommunications,
Ministry of Communications,
Sanchar Bhavan, 20, Ashoka Road,
New Delhi-110 001.
Sub: Delinking of Pension Revision for the Pre-2017 BSNL retirees from the Pay
Revision of BSNL employees reg:
Ref: Assurance given by the Hon Minister and Secretary, DoT in the meetings held on
02.12.2018 and 03.12.2018 that Govt decided to delink the pension revision of
BSNL pensioners from the pay revision.
Respected Madam / Sir,
On the formation of BSNL, the employees working in DoT were absorbed in BSNL w.e.f
01.10.2000 with the assurance of better career prospects and payment of pension by the
Government of India. Accordingly Rule-37A was incorporated in CCS Pension Rules, 1972 to
ensure payment of pension on the combined service rendered in DoT and BSNL, on IDA
scales. On absorption, the employees were granted IDA pay scales w.e.f 01.10.2000.
Sub-rule 10 of Rule 37A of CCS (Pension) Rules, 1972, provides that “in addition to pension or
family pension, as the case may be, the employee who opts for pension on the basis of
combined service shall also be eligible to dearness relief as per Industrial Dearness Allowance
pattern”. Again as per Sub-rule 22 of Rule 37A of CCS (Pension) Rules, 1972, the pensionary
benefits, including family pension shall be paid by the Government.
In accordance with the above provisions, DoT revised the pension of pre-2007
pensioners/family pensioners of BSNL on 15.03.2011, who retired during 01.10.2000 to
31.12.2006. The pension revision followed the pay revision in BSNL as pay revision
implemented immediately after the DPE guidelines issued on 26.11.2008. Pension revision
implemented through Cabinet decision with 30% fitment, which took time with the fitment
allowed by the DPE for CPSUs.
The pension/family pension of the pre-2007 BSNL pensioners were revised w.e.f. 01.01.2007
as follows by adding together:
i) The existing pension /family pension, including commuted portion of pension, if any.
ii) IDA 78.2% as on 31.12.2006.iii) Fitment of 30%, as per DPE guidelines.
On 03.08.2017, DPE issued guidelines for 3rd Pay revision with 15% fitment. Para 3 of the OM
under the heading Affordability provides that the revised pay scales would be implemented by
the CPSEs subject to the affordability of CPSE. BSNL and MTNL are unique CPSUs where
the retirees are paid pension by the Govt of India as per Rule 37A of CCS (Pension) Rules,
1972. In BSNL, the pay revision is not implemented due to the affordability clause.
The pension Revision of Govt pensioners retired from BSNL cannot be linked with the
pay revision of the serving employees due to the following reasons:
1. All the BSNL retirees were Govt servants, recruited by DoT and absorbed in BSNL. Their
pension is covered by CCS Pension Rules, 1972 as in the case of Central Govt employees.
2. Pension revision for Central Govt pensioners already implemented.

3. As per the terms and condition for absorption, BSNL absorbed employees would continue to
get pension from DoT irrespective of the status of BSNL. As per para 2(b) of DoT order No:
40-13/2013-Pen(T) dated 20.07.2016, it has been clarified that “The liability towards
pensionary benefits including family pension to the BSNL employees (except those
recruited after 01.10.2000), as per sub rule 22 of Rule 37A of CCS (pension) Rules, 1972,
lies with the Government of India”.
4. The Affordability clause mentioned in DPE guidelines is applicable only for the pay revision
of the serving employees, not for the Pension Revision.
5. Pension revision has to happen even in the cases of:
i) If BSNL is not there?
ii) If BSNL is not profitable and No Pay Revision is implemented in BSNL?
iv) 3rd PRC given different fitment for the serving employees depends on its affordability. This
fitment will be reviewed after every 3 years. If the fitment varies, it will create anomaly
among pensioners.
v) Non-Executives are not covered by the fitment and the pay scales notified by DPE vide
OM dated 03.08.2017. Non-Executives wage revision is as per the negotiated settlement.
In Coal India, Non-Executives signed wage revision agreement with 20% fitment for 5
years period where as DPE guidelines stipulates that if 5 year wage settlement is made,
the fitment has to be proportionately reduced. However for the purpose of uniformity, Non
Executives as well as Executives in BSNL are extended the same fitment from 2nd PRC
period onwards. BSNL is a unique CPSU in that respect also.
6. BSNL retirees are no way connected with the affordability or paying capacity of BSNL. Their
pension is to be paid by the Govt of India, not by BSNL.
7. BSNL has already paid the pension contribution in full to the Govt of India, for their entire
service period in BSNL.
Since the matter of pay revision of BSNL employees pursuant to 3rd PRC recommendation is
yet to be settled, the issue of revision of pension for the pre-2017 BSNL pensioners is required
to be delinked from the pay revision of BSNL serving employees. It is already assured and
announced by Hon MoSC and Secretary, DoT in the meetings held on 02.12.2018 and
03.12.2018 that Govt decided to delink the pension revision of BSNL pensioners from the pay
revision.
However DoT letter to DoP&PW does not reflect this decision and lack recommendation or
proposal of DoT for delinking pension revision from pay revision. Without a proposal from DoT,
DoP&PW is unlikely to give any opinion in this regard. As per DoP&PW, the methodology is to
be worked out and suggested by DoT.
The methodology may be recommended to DoP&PW for giving its approval on the
subject. To avoid an anomaly between serving and the retired employees prior to
01.01.2017, the following method suggested.
a) The pension/family pension of the pre-2017 BSNL pensioners will be revised w.e.f
01.01.2017 as follows by adding together:
i) The existing pension /family pension, including commuted portion of pension, if
any
ii) IDA as on 31.12.2016.
iii) Fitment of 15%.
b) For the serving employees, fitment will be calculated as 15% w.e.f. 01.01.2017 itself
and pension contribution will be paid accordingly by BSNL. However, payment of pay,
allowances and perks will be made by BSNL depending upon its affordability. In the
month of retirement, the payment will be made based on full 15% fitment (Atleast in the
last month, payment will be made based on full 15% fitment).
Anomaly which may arise if pension revision is done with 15% fixation and pay revision
is done with lesser fitment.
A pensioner retired on Oct 2016 with Rs 50,000 last basic pay is getting Rs 25,000 as basic
pension as on 1-1-2017. Now if his basic pension is revised as per PRC with 15% the revised
basic pension will be Rs 63,100 [ i.e. Basic Pension+119.5% DA as on 1-1-07 + 15% fitment]
His batch mate retired on March 2017. His basic pay was also Rs 50,000 on 1-1-17 and last
basic pay on March was also Rs 50,000. Now his pay on 1-1-17 is revised as per PRC with
10% (say) fitment. So his revised pay on 1-1-17 will be Rs 1,20,700. Accordingly his last basic
pay on March would also be Rs 1,20,700 and pension will be 50% of Rs 1,20,700 i.e. Rs
60,350. Thus he will be getting Rs 63,100 – Rs 60,350 = Rs 2750/- less pension compared to
his batch mate retired before 1-1-17 whose pension is revised to Rs 63,100 as per 15%
fixation.
How to solve this anomaly:
Method 1
Fix the pay of 2nd person notionally with 15% fitment but actually with fitment of 10% (say) till
last month of his retirement. The Basic Pay of the last month of his retirement may be restored
as per 15% fixation and pension will be paid on last pay drawn actually. Hence for January and
February his basic pay will be Rs1,20,700 and for March it will be Rs 1,26,200 and accordingly
pension fixed at Rs 63,100 which is equal to his batch mate retired before 1-1-2017.
Method 2:
Fix the pay of 2nd person notionally with 15% fitment but actually with fitment 10%(say).
Hence at the time of retirement his actual Basic Pay will be Rs 1,20,700 and notional Basic
Pay will be 1,26,200. Now calculate his Pension as per his last drawn notional pay and his
pension will be 50% of 1,26,200 i.e Rs 63,100/- which is equal to his batch mate retired before
1-1-2017.
NOTE: This system of fixing pension on notional last pay drawn is already in vogue for BSNL
pensioners retired between 1-1-2007 and 9-06-2013 while extending the benefit of 78.2 IDA
Merger. Their Pay has been notionally revised by merging 78.2% IDA from 1-1-2007 and
Revised pension is being paid on revised notional last pay drawn from 10-06-2013.
Yours Sincerely,

Sd/- P.Abhimanyu (Convener) C.Singh (Chairman)

Copy to: (1) The PS to Hon Minister of State for Communications, New Delhi – 01
(2) Member (Fin), Telecom Commission, DoT, New Delhi – 110001
(3) Additional secretary, DoT, New Delhi – 110001.
(4) The Chairman & Managing Director, BSNL, New Delhi – 110001.
(5) The Director (HR), BSNL Board, New Delhi – 110001
(6) The GM (SR), BSNL Corporate Office, New Delhi – 110001

Kerala Budget – Senior Citizen Pension increased to Rs.1,200

31 Thursday Jan 2019

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In the Kerala Budget presented today by Finance Minister Dr. Thomas Issac, the Senior Citizen Pension which at present is Rs.1,000 will be increased by Rs.100 and fixed at Rs.1,200. During the next three  years, it will be increased by Rs.100 every year reaching to Rs. 1500. The demand raised by the Senior Citizens Friends Welfare Association was that it should be increased Rs.500 every years so as to reach Rs. 3,000 gradually.

Heart Congratulations to the Kerala LDF Government.

Pension Revision of BSNL retirees

12 Saturday Jan 2019

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It is more than one month that the pension revision of BSNL retirees was delinked from the wage revision of BSNL employees. But so far the same has not been done. There is already a system of Pension revision as was done in the 2007 pension revision. Now the pension revision is delinked, the government need not delay but should be done as done last time. The precedent is there.

Resolution adopted in the 9th All India Conference of BSNLEU, on Pension Revision for BSNL Retirees.

23 Sunday Dec 2018

Posted by in AIBDPA - BSNL DOT Pensioners, BSNL, BSNLEU, Pension

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Resolution adopted in the 9th All India Conference of BSNLEU,
on Pension Revision for BSNL Retirees.

This 9th All India Conference of BSNL Employees Union held at Mysuru from 17th to 20th 2018 welcomes
the assurance given by the Honorable Minister for Communications, Sri Manoj Sinha, on 3.12.2018 in
the meeting held by him with AUAB (All Unions and Associations of BSNL), for delinking pension
revision for the BSNL pensioners from pay revision of serving employees . This Conference demands for
immediate approval for this delinking.
This Conference further demands that the pension revision be done for the BSNL Pensioners from
1.1.2017 as well as those retired after 1.1.2017, on the basis of 15% increase on basic pension plus
119.8% DA , on par with the IDA Pay Revision ordered by DPE on the basis of 3rd PRC
recommendation.
This Conference demands the DoT and Government of India for automatic revision of pension on the
basis the highest fitment benefit granted in IDA pay revision for executives in future also.

Congratulations! Kerala Government appoints committee reg. restoration of defined statutory pension.

09 Friday Nov 2018

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Com. Pinarayi Vijayan, Chief Minister led Kerala LDF government has appointed a high level committee to look in to the restoration of the defined statutory pension for its employees, which was converted to New Pension Scheme (NPS) by the UDF government in 2013. The committee with Shri. Sathish Chandrababu, former District Judge (Chairman) and Shri.P.Marapandian, Former Additional Chief Secretary and Shri. D.Narayana, Director, Gulathi Institute of Finance and Taxation as members is asked to submit its report within six months. Though the Central Government passed the PFRDA Act and implemented NPS for its employees, the then Left Front Governments in Kerala, W.Bengal and Tripura did not implement the anti-worker-pensioner Scheme. However, the UDF government in Kerala implemented NPS, despite strong opposition from the employees and their organisations.

The central and state government employees under the leadership of the Confederation of CG Employees, and All India State Government Employees Federation have declared two days strike on 8-9 January 2019 demanding cancellation of PFRDA and restoration of defined statutory pension. The entire central trade unions are in support of the demand.

The LDF in Kerala has given  election assurance that it will restore defined statutory pension. It is as part of this fulfilling of the promise that LDF government has appointed the committee.

Hearty Congratulations to the Pinarayi Government for this pro-worker decision!

Big Demonstration of Pensioners in Athens

07 Sunday Oct 2018

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Big Demonstration was held on October 4th by the Athens Pensioners’ Unions. The mobilization is part of the new round of action with which the pensioners’ struggle against the policy of the government that hits pensioners and pensions, against old and new pension cuts. Pensioners claim to abolish all reactive health and insurance policies as well as they demand increases in pensions.