19th December 2023 is the 23rd death anniversary of Com. Suseela Gopalan, former Kerala Minister, M.P. and CPI(M) leader, who was very close to the P and T trade union movement. She was the life partner of Com.A.K.Gopalan, inspiring mass leader, Opposition Leader in Parliament for a long period and PBM, CPI(M).

Com. Suseela Gopalan, even before she married legendary CPI(M)leader Com. A.K.Gopalan, was in the Communist

party. She was a real companion to Com. AKG both as his wife and in the Party. She was the Founder President of All India Democratic Womens’ Association (AIDWA), which now has grown in to a strong mass movement of women. She has been elected to the Kerala Assembly and was a Minister in the LDF government. She was in the Parliament for two terms and took up the issues of the workers and the people effectively.

While she was at Delhi as Member of Parliament, I had the occasion to meet her several times to take up cases of central Government employees and specially that of the P and T workers. She took these cases sincerely and effectively. She took us to meet Minister more than once. Just a telephone call from her was sufficient for me to meet Minister Ram Vilas Paswan, though there will be dozens in the queue waiting to meet him.

She was Chairperson of the Kerala Circle P and T Co-ordinating Committee for some time and gave clear guidance and direction to the workers.

She inaugurated a dharna in front of Sanchar Bhawan in Delhi in 1992 restricted area despite threat of arrest. Just like Com.AKG, she dared the police to arrest her. She left only after the dharna was over to ensure that we are not arrested after she leaves. She was available to the workers at any time of crisis. Whenever I visited her official M.P. quarters at 20, Janpath, Delhi, she never allowed me to leave without offering a cup of tea. She was always a source of strength to all of us.

During my stay at Calicut in Kerala, many times when Coms. AKG and Suseela came to the city, I used to go to the Railway Station to receive them and take them to the residence of well known Advocate P.K.Kunhirama Poduval, where they stayed. They addressed many P and T union meetings and conferences.

On her 23rd death anniversary, I respectfully pay homage to Com. Suseela Gopalan and remember the great services she had done to the common people and specially to the P and T workers.

A bunch of Red Roses to the inspiring memory of Com. Suseela Gopalan !

V A N Namboodiri 18.12.2023

V A N NAMBOODIRI

17^th December 2023, is being observed as the Pensioners’ Day by the pensioners organizations in memory of the Supreme Court judgment 41 years back on 17^th December 1982, which is treated as the ‘Magna Carta’ of the pensioners.  Since the first petitioner to the case filed was Shri D.S.Nakara, an officer of the Defence, the case is called as Nakara Case.

When the pensioners all over the word are facing many attacks on their rights and priveleges , the importance of the observing the day has increased.

Before coming to the details of the ‘Nakara case’, let us look back about the history of the pension and how connected developments took place.

The idea of pension and payment of pension started in the early 19^th century. Of course, certain methods of rewarding the civilian and military officials, mainly by granting them lands and other assets were during the period of the kings, Mogals etc. That was at the will and pleasure of the king.

British Parliament passed ‘Superannuation Act‘ in 1810, modified in 1934, for grant of Pension to civil servants. Social Security Pension started after an act passed in 1946. Pension started to civil servants in USA in 1920.

Pensioners’ Act was passed in British India in 1871. The pension according to this Act was being paid at the will and pleasure of the top officers, who were mainly British. A gift for supporting the British rulers.

The 1917 Revolution in Russia and the formation of Soviet Union, the I and II World Wars,  in which crores of military and civilians were killed , consequent importance of the senior citizens etc. resulted in a new approach to the pensioners and pension. Instead of a gift being given at the mercy of the rulers, pension became to be considered as a means of economic support and a social security measure for the service rendered during the heyday of their life in the interest of the country. The Family Pension started in the 1950s.

The government of independent India continued the British legacy on pension and no timely action to modify the same to the then requirement of the system was undertaken.

The First Central Pay Commission (1946) fixed the retirement age as 60 and the maximum pension was fixed at Rs. 675.  The II CPC (1960) did not make any improvement. The III CPC increased the maximum amount of pension to Rs. 1000.

The historic Strikes of the CG Employees in July 1960 and 1968 compelled the Central government to look in to the problems of the employees and certain changes were made in the grant of DA etc.

But it was only in 1979 that the Central Government brought a Liberalised Pension Scheme. The maximum pension was increased to Rs. 1500. The slab system in grant of pension was discontinued and pension was granted on the basis of 50% of the average pay of the last 10 months. Certain other modifications were also there. The order was only prospective and hence a large of employees retired before 1979 did not get the benefit.

It was against this that former Financial Advisor of the Defence Ministry Shri D.S.Nakara and former Rear Admiral Shri Sathyendra Singh  filed a petition in the Supreme Court for implementation of the Liberalised Pension Scheme to the earlier retirees also. An NGO by name ‘Common Cause’ also became a party to the petition. D.S.Nakara was getting a monthly pension of Rs.935 and Sathyendra Singh 981 at that time and it was liable to be increased if the scheme is implemented retrospectively as also other conditions. They pointed out that the decision of the government is in violation of the provisions of the Constitution.

The 5 Member Constitution Bench consisting of  Chief Justice Y.V.Chandrachood, Justice V.D.Thulsapurkkar, Justice C.D.Desai, Justice O.Chinnappa Reddy and Justice Bahrul Islam gave their historic verdict on 17^th December 1982.   This judgment is called the ‘Magna Carta’ of the Pensioners because of the various comments and also the important judgment in faour of the pensioners.

What is the importance of ‘Nakara Judgment’ ?

Some of the relevant points of the judgment are given below :      

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 provisio to Art. 309 and Clause (5) of Article 14

1. The pensioners are treated to be a class and the rules are to be implemented without considering whether they retired after or before the date of the scheme.

2. Pension is not an ex-gratia payment, but it is a payment for the past service rendered     and

3. 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 the lurch …

4. A Pension Scheme consistent with the 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 pre-retirement level…   

5. The pensioners are treated to be a class and the rules are to be implemented without considering whether they retired after or before the date of the scheme.

6. The government argument that there is no such earlier example for retrospective effect of scheme has no merit.

There are many other important comments which are not mentioned here due to lack of time.

The judgment had its impact on the government and its decisions in a big way. For  the first time the issue of the earlier pensioners were included in the terms of reference of the IV CPC of 1084. Like Dearness Allowance to employees, Dearness Releief was granted to Pensioners.

Slab system was changed and pension was fixed on the basis of 50% of last 10 months average pay.

Pension should be revised merging the earlier pension and DR.

The ‘Nakara Judgment’ had its impact on the Pay Commissions of the various states also as most of them were revising the pay and pension as per the guidelines of the CPCs.

What is the condition of the pensioners after 40 years of the Nakara judgment in 1982 ?

The debacle of Soviet Union and the introduction of the new economic policies based on liberalization, privatization and contractorisation, attacks after attacks are coming against the workers as well as the pensioners world over. Sustained struggles have taken place and are being organized against the attack on pension in France, Germany, England, Spain, Portugal etc.

Government of India is also in the same path. The Bhattacharya Committee appointed in 2001 recommended Contributory Pension instead of Defined Statutory Pension and the same was accepted and implemented by the Central Government for workers recruited from 2004 onwards in central services. It is to be noted that both the Congress and the BJP, the ruling and opposition parties supported and passed the passing of the anti –  pensioner PFRDA Bill in the Parliament taking away the defined statutory pension for the employees and workers.  All States followed suit except the then left ruled Kerala, W.Bengal and Tripura. In Kerala and Tripura also Contributory Pension Scheme was implemented after the exit of the Left governments.

The often repeated argument of the government is that the pension amount is increasing and the government will not be able to bear the expenses. It is nothing but a lame excuse.

In fact the change is also a means of providing the corporates and the big business capital by diverting the pension fund which is created through the contributory pension. Though the pension funds are mainly in the EPF etc. at present, but it is only a matter of time that the funds will be diverted to the share market and capital for corporates. The vagaries of the share market are well known and at any time the funds may vanish in the skies.

In view of the election certain states like Punjab, Rajasthan, Chattisgarh, Himachal Pradesh gave election promise that the old pension scheme will be implemented in case they win the election. But restoration to old pension scheme is being torpedoed by the central government and the EPF stating that the contribution already remitted in  the EPF cannot be refunded to the states since there is no provision for the same. In  Kerala, the Left  Front Government has appointed a committee with regard to the restoration of the OPS and the report is being examined.

The Central govt also appointed a committee but it is only for making certain face-up for the New pension Scheme, which the workers rightly call as  No Pension Scheme.

The condition of the EPF pensioners, PF pensioners and pensioners / retirees of Banks, Insurance etc are extremely difficult since their pension and other pensionary benefits are meager. In some cases revision of pension is not made. In many cases DR is not granted based on the increase of cost of living index. Even now there are PF pensioners who are getting only about  Rs.500-600, though clear decision has been taken that at least a minimum of Rs. 1000 should be paid.

The Central government pensioners under the leadership of the NCCPA  have organized many agitational programmes for the restoration of the Old Pension Scheme including a massive Parliament March  and submission of Memorandum to the Prime Minister of India on issues including the  restoration of OPS, Pension revision of BSNL pensioners with effect from 2017, Pension issues of the Bank retirees etc. etc. BSNL pensioners also under the leadership of AIBDPA organized a two days Dharna  and sanchar Bhawan March on 24^th and 25^th November 2023.

The Confederation of Central government employees and workers and AISGEF jointly organized a massive rally at Ramlila Grounds Delhi on 3^rd December 2023 participated by lakhs of workers on the demand of restoration of OPS.

But the government is keeping silence. It has no difficulty in writing off lakhs of ccrore of rupees of the corporate like Ambani and Adani. There is no difficulty for reducing drastically the supertax etc. This is a government of the corporates and the big business.

The General elections are going to come in the new year 2024. This is also going to be a period of struggle for the working class and the pensioners.

It is in this context that we are observing the 41^st anniversary of the historic ‘Nakara judgment’, which will inspire us   for further struggle to advance the cause of the crores of pensioners in the country. Let us be prepared for the same.

.

The 5th All India Conference of NCCPA was held at Com.KKN Kutty Manch, Chennai on 13-14, December, 2023. The inaugural session started with the welcome address by Com.P Mohan, General Secretary, Reception Committee, and the Chairman’s address by Com.C K Narasimhan, Working Chairman.Com.Shiva Gopal Mishra, President presided over. Com.Swadesh Deb Roye, Deputy General Secretary, WFTU inaugurated the conference with an educative speech. He came down heavily on the Modi government for handing over the PSUs and national assets to the corporates. No labour conference has been held since 2015 and the attacks on the rights of workers and pensioners has increased and the appointment of a committee for improvements in NPS is nothing but an eye wash.He exhorted for further joint struggles by all sections of workers , peasants and pensioners. Coms. C Srikumar, Deputy General Secretary, WFTU, V A N Namboodiri, Patron, Janardhan Mazumdar, Secretary General, NFPE, C K Gundanna, AGS, BSNLEU, N L Sridharan,General Secretary ,AISGPF, S Sridhar,President,AIRRF, K G Jayaraj, General Secretary, AIBDPA and K Ragavendran, Secretary General, NCCPA addressed the inaugural session.

Com.S K Sharma, Working President presided in the subject session. Com.K Ragavendran, Secretary General presented the work report and the audited accounts were submitted by the Asst Treasurer,Com.Sadan Banerjee. In the discussion that followed 46 comrades, representing various affiliates enthusiastically participated and raised several issues. Out of the 34 delegates participated from AIBDPA, 4 comrades ,M R Das, President, N Guruprasad, Circle Secretary, Kerala, R Rajasekar, Circle Secretary, Tamil Nadu and Sanjib Banerjee, Circle Secretary, Kolkata Telephones took part in the discussion. The main issues raised by them are BSNL pension Revision, CGHS issues, Attacks on PSUs, wages, pension, appeasement of corporates and threats on secularism and communal harmony. Thereafter the report, audited accounts and the amendments to the constitution were adopted . Resolutions on all the issues, including restoration of OPS, Pension revsion of BSNL/MTNL retirees, Pension udation of bank retirees, implementation of Parliamentary Standing Committee recommendations, CGHS issues, Restoration of commutation after 12 years, appointment 8th CPC were adopted.

The conference elected the following office bearers unanimously.

Patrons: (1) Com.V A N Namboodiri (AIBDPA) (2) Com.Pabithra Chakraborty (3) Com.C L Mathur (4) Com. R P Sharama (5) Com.H N Joshi.

President; Com.Shiva Gopal Mishra.

Working Presidents: Com. S K Sharma (2) Ashok Kanti Ghosh.

Vice Presidents : Com. S Rahman (2) Com.M L Gupta (3) Com.T S Parameswaran (4) Com.D K Dhandre (5) Com.Basudeb Sengupta(6) Com.K B Krishna Rao (6) Com.R Elangovan

Secretary General : Com.K Ragavendran.

Deputy Secretary General : (1) Com.K G Jayaraj (AIBDPA) (2) Com.D K Debnath (3) Com.Basawanand (4) Com.P Lahiri

Assistant Secretary General: (1) Com.M R Das (AIBDPA) (2)Com. S Mohandoss( AIBDPA) (3) Jagmohan Thakur (4) T N Venkateswaran (5) C P Sobhana (6) Radhakrishna (6) Ishwar Singh Dabas (7)P Krishnamurthy.

Treasurer; Com.G Kumar Assistant Treasurer : Com.Sadan Banerjee.

Organising Secretaries : Com.S C Bhattacharya (AIBDPA) (2) Com.Manisha Biswal(AIBDPA) (3) Com.M Suresh (4) Com.B P Ganak(5) S C Pandey (6) Com.Somaiah (7) Nageswara Rao.

Auditor : Com.R Natarajan.

15th December 2023 is the 36th death anniversary of Comrade P.Ramamurti, one of the founders of the CPI(M) and veteran Communist leader, Member of Parliament and the first General Secretary of the Centre of Indian Trade Unions (CITU) when it was formed in 1970. He was a freedom fighter and a very able organiser.

I had the opportunity to meet him in the several all India Conventions of workers held at Mavlankar Hall, New Delhi. He used to entrust me with taking notes of the proceedings of the Conventions for his use and and I did the same according to my capacity.

Red Salute to Comrade P.R !

Com.K. G. Bose ( 07.07.1921 – 11.12.1974 )

RED SALUTE TO COMRADE K G BOSE!

11th December 2023 is the 49th death anniversary of Com. Krishna Gopal Basu ( K. G. Bose ), who gave a correct ideological as well as practical direction to the P& T Trade Union movement.

He led many historical struggles including the 1946 P&T Strike, 1960 Indefinite Strike, 1968 One Day Token Strike etc. He was Circle Secretary of both Postal class III Union as well as Telecom Class III Union for a long time. He was elected as President of NFPTE in 1970 and continued as such till his death in 1974 in a London Hospital.

My acquaintance and comradeship go back to the first half of 1960s during the All India Conferences of Telecom Class III Union affiliated to NFPTE and strengthened in the AIC at Trivandrum in 1964, when he took up the issue of Rule 14 charge sheets issued for 7 of us ( including me ) for having gone on undeclared strike on a local issue at Cannanore with Member Telecom and settled the same on the spot. However I was punished by a transfer to Calicut as a face saving measure.

Since then, till his death we were in regular communication and was part of the progressive section of the P & T Movement. He visited Calicut twice on our invitation and addressed many meetings.

Com. K. G. was arrested and dismissed from service in connection with the proposed P & T strike of 1949, which did not take place as almost all important leaders were arrested and jailed even before the strike decision was taken in the proposed All India Convention. Though dismissed, KG continued to lead the movement.

He was elected as M L A of W. Bengal Assembly as also as a Member of the Pay Commission for W. Bengal employees and did a great job for the same.

His hard work without rest deterioted his health and was sent to Englad for expert treatment where he passed away on 11th December 1974 at the comparatively young age of 54.

Com. K. G.s’ family, including his wife Com. Parul Bose, brother Com. Moni Bose, his wife Com. Jyotsna Bose were all leaders of the workers’ movement and gave their contributions to the working class. The new generation of the family keep up the great tradition.

Central and P&T employees and the working class of India will ever remember the great contributions of Com. KG.

Red Salute to Com. K. G. Bose!

( The photos are ( 1) K. G. Bose (2) Welcoming Com K. G. at Calicut Ralilway Station followed with a procession on 23rd April 1973 when he visited Calicut for the last time. Coms. K. Bhaskaran Nair and V. A. N. Namboodiri can be seen on either side. )

V. A. N. Namboodiri 10.12.2023.

All reactions:

29Srinivasan Aravally, Madhu Mony and 27 others

കേന്ദ്ര സർക്കാർ ജീവനക്കാരുടെ കോൺഫെഡറേഷന്റെ മുൻ സെക്രട്ടറി ജനറൽ, ദീർഘകാലം ഇൻകം ടാക്സ് എംപ്ലോയീസ് ഫെഡറേഷന്റെ സെക്രട്ടറി ജനറൽ, നാഷണൽ കോർഡിനേഷൻ കമ്മിറ്റി ഓഫ് പെന്ഷനേഴ്സ് അസോസിയേഷന്റെ സെക്രട്ടറി ജനറൽ തുടങ്ങി വിവിധ മേഖലകളിൽ ഉജ്വല നേതൃത്വം നൽകിയ സ. കെ കെ എൻ കുട്ടിയുടെ ഒന്നാം ചരമ വാർഷിക അനുസ്മരണ പരിപാടികൾ CGPA, AIBDPA, AIPRPA, Confederation, NFPE, BSNLEU തുടങ്ങി വിവിധ സംഘടനകളുടെ നേതൃത്വത്തിൽ കേരളത്തിൽ വിവിധ കേന്ദ്രങ്ങളിൽ 2023 ഡിസംബർ 8 ന്നു സംഘടിക്കപ്പെടുന്നു.

പങ്കെടുക്കുക! വിജയിപ്പിക്കുക!

വി എ എൻ നമ്പൂതിരി പാട്രൺ NCCPA. 05.12.2023

നമ്മൾ വയോജനങ്ങൾ – 101

വയോജന കൗൺസിലുകൾ കൃത്യമായി ചേരുക, തീരുമാനങ്ങൾ എടുക്കുക

കേരള സംസ്ഥാന വയോജന നയം അനുസരിച്ചു രൂപീകരിച്ച സംസ്ഥാന – ജില്ലാ വയോജന കൗൺസിലുകൾ സമയ ബന്ധിതമായി കൂടുകയോ, തീരുമാനങ്ങൾ കൈക്കൊള്ളുകയോ ചെയ്യുന്നില്ലെന്നു പൊതുവെ

ആക്ഷേപമുണ്ട്. ഇത് ഒട്ടേറെ ശരിയാണ് താനും. ഈ സ്ഥിതി മെച്ചപ്പെടുത്തുന്നതിന്നു താഴെ കൊടുത്ത നടപടികൾ സഹായകമാവും.

1. വയോജന കൗൺസിലുകളിലെ അംഗങ്ങൾ കൂട്ടായോ, പ്രത്യേകമായോ കൌൺസിൽ താമസം വിനാ കൂടണമെന്നു ആവശ്യപ്പെടുക. ചർച്ച ചെയ്യണമെന്ന് കരുതുന്ന വിഷയങ്ങൾ എഴുതി നൽകുക.

2. പ്രശ്നങ്ങൾ കഴിയുന്നതും അതെ കൗൺസിലിൽ തീരുമാനം എടുക്കുവാൻ ശ്രമിക്കുക. ചർച്ച ചെയ്യുന്ന പ്രശ്നങ്ങളെക്കുറിച്ച് മുൻകൂട്ടി കുറിപ്പുകൾ തയ്യാറാക്കി അവതരിപ്പിക്കുക.

3. ഔദ്യോഗിക മിനുട്സ് കൃത്യ സമയത്ത് ഇറക്കുമെന്ന് ഉറപ്പു വരുത്തുക.

4. എടുത്ത തീരുമാനങ്ങൾ വേഗത്തിൽ നടപ്പിലാക്കുന്നുണ്ടെന്നു ഉറപ്പു വരുത്തുക.

5. രണ്ടു യോഗങ്ങളുടെ ഇടയിലും, അത്യാവശ്യമുണ്ടെങ്കിൽ, അധികാരികളെ കണ്ടു ഇടപെടുക.

6. വിശദമായ അന്വേഷണങ്ങൾ നടത്തേണ്ട വിഷയങ്ങളിൽ ഔദ്യോഗിക – അനൗദ്യോഗിക അംഗങ്ങൾ അടങ്ങുന്ന കമ്മിറ്റികൾ രൂപീകരിച്ച് പ്രവർത്തിക്കുക.

7. തദ്ദേശ സ്വയഭരണ സ്ഥാപനങ്ങളുടെ ബഡ്ജറ്റിന്റെ 5 %, വയോജന ക്ഷേമ നടപടികൾക്കാണ്. അത് പൂർണമായും ഉപയോഗപ്പെടുത്തുന്നുണ്ടെന്നു ഉറപ്പിക്കുക.

മേല്പറഞ്ഞവ ചില നിർദേശങ്ങൾ മാത്രം. പ്രവർത്തനം മെച്ചപ്പെടുമ്പോൾ പുതിയ നിർദേശങ്ങൾ ഉയർന്ന് വരും.

പ്രഖ്യാപിത നയങ്ങളും തീരുമാനങ്ങൾ പോലും ഫലപ്രദമായി നടപ്പിലാക്കി കിട്ടണമെങ്കിൽ നമ്മുടെ സംഘടനയുടെയും പ്രതിനിധികളുടെയും ഇടപെടൽ അത്യാവശ്യമാണ് എന്ന് ഓർക്കുക.

വി എ എൻ നമ്പൂതിരി പ്രസിഡന്റ്‌ SCFWA

07.12.2023

I did not post any news since 22 October 2022 due to laziness. I would like to post regularly in future.

AIBDPA from the very beginning has been very clear in it’s stand on Pension Revision. That it should be as per 3rd PRC with 15 % fitment from 01-01-2017, delinking wage revision. We are still of the considered opinion that it is the only practical and achievable demand. Initially, the government had taken a tough stand that pension revision is possible only after wage revision; but had to change it’s stand after strong persuasions, powerful agitations and strikes by AIBDPA and the Joint Forum /AUAB of the employees.

Historical Background.

The Government had assured better prospects to absorbed employees and importantly pension from the Consolidated fund of government on the eve of the formation of BSNL which came into existence on 01.10.2000. Accordingly amendments to CCS (Pension) Rules, 1972 were made in the form of Rule 37A. So BSNL employees were given IDA pay scales which are higher than the CDA pay scales of Central government employees and also quarterly Industrial Dearness Allowance compared to the half yearly Dearness Allowance to the Central government employees. Pension also was drawn on IDA scales by the BSNL retirees. Thus BSNL pensioners were covered under CCS (Pension) Rules and are entitled to all the benefits of the Central government pensioners barring pension and DA, both being higher. Therefore BSNL absorbed retirees with combined service were granted pension revision from 01-01-2007 as per 2nd PRC with the maximum fitment of 30%. Nobody demanded 6th CPC fitment at that time.

But for the pension revision from 01-01-2017, one of the associations put forward the demand of pension revision as per 7th CPC fitment. The justification stated for such an illogical demand was that there wouldn’t be any more PRC and CPC fitment would be a permanent solution. Accordingly they propagated that they have given memorandum to the 7th CPC and discussed with the top DoT and DOP&PW officers and all have agreed to their proposal. But nothing happened.

Thereafter this association collected huge amounts from the poor pensioners in the name of PM Cares Fund and tried to appease the government by handing over the money to a central minister from Karnataka. They managed a meeting through this minister with the then Communications Minister, Shri. Ravi Shankar Prasad. But in the presence of the Minister from Karnataka, Shri. Ravi Shankar Prasad summarily rejected their demand. Having been dejected of the unexpected snubbing, they accused the Minister and the DoT officers . They came to the conclusion that there is no other option for pension revision other than legal recourse. Though they had formed a Coordination Committee, they could not reach to a consensus and separate cases were filed in the PBCAT, New Delhi in 2019.

AIBDPA was also approached for filing the case. We discussed the issue threadbare in our Guwahati CEC meeting and decided in one voice against approaching the court due to the following reasons:

1 There has been no outright rejection of pension revision by the government.

2.Pension Revision is not an issue to be left to the uncertainties of the courts.

3. Pension Revision from 01-01-2007 was also rejected by the government initially, stating that there is no provision for the pension revision in the Rule 37A. Still we got the pension revision through relentless struggles by AIBDPA and Joint Forum /AUAB of the employees.

4. Court is a double edged sword and may go either way involving unpredictable huge delay.

5. We have several examples of non-implementation of court orders, including that of the apex court by the government, that too involving less beneficiaries and incurring nominal expenditure.

As per the decision of the Guwahati CEC, agitational programmes were launched with signature campaign to the Prime Minister, 119 MPs including Lok Saba Speaker and Central Ministers were approached, Dharna at District and CCA offices also held with massive participation. However, the final phase, Sanchar Bhawan March on 12th March, 2020 , had to be postponed due to the outbreak of Covid 19.

AIBDPA continued it’s relentless struggles all along and the massive Sanchar Bhawan March on 24-08-2022 brought the desired result. The BSNL management was compelled to issue orders on 30-08-2022 for full payment of medical claims of BSNL retirees pending for more than three years. DoT on its part convened a meeting of all the pensioners’ organisations on 17th October, 2022 for discussion on pension revision.

Meanwhile, this particular association, which had ruled out any negotiated settlement on pension revision and approached the court, also started writing letters to the Minister and DoT, stating that the new minister is cultured and arrogant DoT officers have been replaced with new good officers. They even claimed that their demand of pension revision with CPC fitment has been agreed to by the Minister and DoT and nobody can now sabotage it as the proposal is already sent to DOP&PW for further action. But on the very next day, they had to shamelessly retreat accusing DoT being not transparent.

Significant Meeting on 17-10-2022.

Almost all the pensioners organisations of BSNL and MTNL participated in the meeting chaired by Dr. Mahesh Shukla, the then Member (Services). The Agenda notified was pension revision as per 3rd PRC. The Official Side made a power point presentation in which the following were spelt out.

1. Government has decided to delink pension revision from wage revision

2.Pension Revision is possible only as per 3rd PRC.

3. Pension Revision with 7th CPC fitment is illogical and irrational and exhibited certain CAT judgments rejecting similar demand.

4. To avoid anomaly in pension of post 2017 retirees, they will be given notional fixation in the new 3rd PRC pay scales with the same fitment from 01-01-2017, increments also to be drawn in new pay scales until retirement and financial benefits on retirement.

However, the offer of zero percent fitment by Member (Services) was stoutly opposed by all the organisations in one voice.

AIBDPA strongly demanded 15%fitment recommended by the 3rd PRC based on the following reasons.

1. The 60:40 condition having been rescinded by the Central Cabinet, full liability of pension revision is to be borne by the Central government.

2. Pension Contributions of BSNL /MTNL absorbed pensioners have been levied by the government that too at the maximum of their pay scales.

3.Pension Revision from 01-01-2007 was granted with 30% fitment, the maximum fitment recommended by the 2nd PRC.

4.Our counterparts, Central Government pensioners have already got their pension revision from 01-01-2016 as per 7th CPC.

Finally, the Member (Services) agreed to consider higher fitment in consultation with the higher ups. At this time Shri D. Gopalakrishnan, Prahlad Rai and G L Jogi who were vigorously arguing for 7th CPC fitment, repeatedly appealed to the Member (Services) to consider the fitment of between zero percent and 15%. This was naturally a reflection of their approval of pension revision as per 3rd PRC.

But on the next day, both Shri. D Gopalakrishnan and Prahlad Rai, may be due to pressure, changed their stand and stuck on to the 7th CPC fitment, thus denying a complete United movemen for pension revision. However, this triggered a revolt in their camp and five organisations including SNPWA deserted them.

Formation of Joint Forum of BSNL MTNL Pensioners Associations and the struggles.

With BDPA(I) and AICGPA HQ PUNE which were agreed to our demand also joined together to form the Joint Forum of 8 organisations of BSNL and MTNL. The Joint Forum submitted detailed memorandum to the Minister of Communications, Secretary, DoT and both Member (S) and Finance.

Permanent System for Pension Revision.

Joint Forum also demanded a permanent methodology for pension revision and suggested to include the pension revision of BSNL /MTNL absorbed pensioners in the terms of reference of future PRCs. Our request to include this suggestion in the cabinet note for pension revision from 01-01-2017 was agreed to by Member (Finance) and Member (Services).

Things were moving in DoT as assured in the meeting held on 17th October, 2022, the calculations for the financial implications of 5%, 10% & 15% was done by the Controller General of Communication Accounts. The Joint Forum representatives met the Member (F) and Member (S) on 21-03-2023 and were told that all the consultations within DoT is over and the Honorable Minister is likely to give his approval on fitment in the first week of April, 2023. The Minister had offered a fitment of 10% to a delegation led by Com. G. L. Jogi, General Secretary, SNPWA. But thereafter a slackness on the part of DoT was visible. The Joint Forum was therefore compelled to resort to a three phased agitational programme culminated in a two days massive and powerful Dharna at Jantar Mantar on 24-25 August ,2023.

We lost the settlement between the cup and lips

Later one of the DoT officers with the condition of anonymity has revealed that the decision on pension revision was deferred when serious arguments started in the cases filed in PBCAT, New Delhi . Finally, the judgment was delivered on 20-09-2023 allowing the OAs. Therefore we have missed a reasonable settlement of pension revision because of the cases.

Implications of the judgment.

Some people have gone jubilant and propagated as if the judgment is of the Supreme Court and the government is issuing the orders. Some others have started calculation of arrears to each Pensioner and began approaching pensioners for collecting huge amounts as donations. The reality is that the judgment is pronounced by a CAT, which has only a semi judicial status. While three other CATs viz. Ernakulam, Hyderabad and Bangalore have rejected similar pleas; Delhi CAT only has allowed the OAs.

The petitioner organisations themselves have stated, after meeting the DoT officers, that the government is certain to go on appeal. This is also confirmed by the Member (Services) to the General Secretary, AIBDPA when he met on 8th November, 2023. General Secretary got the same report from Com. Prahlad Rai, when met at Sanchar Bhawan on the same day. So nobody can predict the delay and the government is certain to prolong the pension revision citing the court case.

Why not AIBDPA demand the government to implement the CAT judgment?

Some people are asking this question to our comrades. The answer is simple. Most importantly, we have on a careful scrutiny noted that there is a dangerous directive in the judgment. “The competent authority is directed to forthwith revise the pension and family pension, strictly in accordance with the relevant rules and the entitlement governing pension to various sets of employees of the Central government, MAINTAINING STRICT PARITY. ” It interalia means that there should be strict parity in pension and family pension of BSNL MTNL pensioners with the Central government pensioners. It is a known fact that BSNL /MTNL pensioners are getting higher Pension and Dearness Allowance by virtue of pension on IDA pay scales. This point is reported to have been raised by the Member (Services)also in the first meeting after the judgment with a delegation of one of the petitioners organisations led by Com. G L Jogi.

PENSION REVISION OF POST 2017 RETIREES.

Another important and worrisome aspect is that there is no demand / proposal for the pension revision of the post 2017 retirees in any of the OA filed by the petitioner organisations. Actually the post 2017 retirees have been completely ignored by the petitioner organisations.

AIBSNLPWA had earlier stated that the post 2017 retirees will be given the same fitment when they retire. This is quite disadvantageous to the post 2017 retirees whereas the DoT had accepted the most beneficial and welcome proposal during the meeting with Pensioners Associations on 17th October, 2022. Immediately after the judgment Shri. D Gopalakrishnan, only as a face saving exercise had claimed to have the same proposal of DoT. But in their latest letter dated 15th November, 2023 AIBSNLPWA is seen to have reverted back to their original stand that no pay scales are required for pension revision and post 2017 retirees are to be given the same fitment of pre 2017 retirees on their retirement. This amply exposes their real intention of neglecting the post 2017 retirees. AIBDPA strongly oppose this stand and want the beneficial DOT proposal only be implemented.

Thus Comrades, the CAT judgment in effect has become a huge impediment for the settlement of pension revision. Those who glorify the judgment are concealing these shark realities.

AIBDPA TO CONTINUE THE STRUGGLE.

Our Pune CEC meeting held on 19-20 November, 2023 has discussed the developments seriously and has taken appropriate decision. We cannot allow the stalemate to continue . AIBDPA is committed to continue the struggle for pension revision. We appeal our comrades for a hectic campaign from 1st to 10th December so that the facts are explained to the pensioners. Thereafter, we, in consultation with likeminded organizations, shall launch appropriate agitational programme.