I am reproducing below the portion of the NCCPA Memorandum on the BSNL Penioners issue:
NCCPA MEMORANDUM TO VIICPC – PORTION RELATING TO BSNL
BSNL / MTNL Pensioners
10.1 DoT employees who had been absorbed in MTNL / BSNL are being given the benefit of defined benefit pension scheme by amending the CCS (Pension) Rules – 1972 providing an amended rule as 37 A. But this facility is denied to the new recruits who are recruited after 1.10.2000. They are being governed by Employees Pension Scheme. This is discriminatory and in violation of the Article 14 of the Constitution of India.
We, therefore, propose scrapping of EPS and that all the BSNL recruits be brought under the CCS (Pension) Rules-1972. In many of the Public Sector Undertakings like Tea Board Corporation, Damoder Valley Corporation, Steel Authority of India, Coal India, Airport Authority of India, Port and Dock workers are all under the purview of CCS (Pension) Rules – 1972. Hence, justification to BSNL new recruits is quite valid.
10.2 Pension Revision of BSNL Pensioners CCS (Pension) Rules – 1972 to ensure pension to the BSNL absorbed DOT employees from the consolidated fund of Government of India. Subsequently this position was ratified by the Secretary, Department of Telecom vide his D.O. letter dated 15.5.2005, that in respect of employees who have been absorbed in BSNL, BSNL is liable to pay the pension contribution in accordance with FR-116 and liability on amount of pension payable will be that of Government of India. Surprisingly DOT issued another letter on 15.6.2006 reversing its earlier decision and linked payment of pension with receipt of revenues from BSNL, this being most dangerous and certain to create problems in future for payment of pension. The Union took up the issue seriously and the DOP was compelled to issue another letter stating that the contents of the letter dated 15.6.2006 will not be insisted. But in the absence of cancellation / nullification of the controversial letter of dated 15.6.2006, whenever the pension revision issue of BSNL pensioners is initiated hindrances / roadblocks are raised not only by DOT, but also by other departments like Expenditure, Law and Public Enterprises on the basis of the above letter. This has happened when pension revision of pre 2007 BSNL pensioners was initiated and now for pension revision on 78.2% IDA merger. This position should not be allowed to continue and the BSNL pensioners should be treated at par with central government pensioners as they are covered under the 37 A of CCS (Pension) Rule – 1972.
10.3. Department of Telecommunications vide their OM No.4-12(11) 2012-PAT dated 20.2.2014 have extended CGHS facilities to retired BSNL employees who are in receipt of Central Civil Pension / Pro rata pension from Central Civil Estimates in consultation with the Ministry of Health & Family Welfare. BSNL retirees have been given an option to choose either CGHS or BSNL – MRS as per their convenience.
BSNL also vide its letter No. BSNL / Admn/14-15.09 (pt) dated 2nd April, 2014 addressed to all the Chief General Managers, has asked them to give wide publicity and to assist the willing retired employees by forwarding their applications to the respective CGHS units for admission to CGHS.
But the Ministry of Health & Family Welfare does not seem to have issued any clear order in this connection. Hence in the absence of necessary order from the nodal Ministry, the facility is not being extended to BSNL retirees. Hence immediate necessary action in the matter needs to be taken by MOH & FW.
Further, since the DoT O.M. dated 20.2.2014 stipulates that the retired BSNL employees who opt for CGHS “would have to pay the requisite fee to CGHS as applicable to Government retirees”. DoT must now fix the rate of monthly contribution payable by the pensioner. It is to be noted that the contribution payable by the Government retirees is fixed on the basis of the Grade Pay that they would have drawn had they been in service whereas in BSNL there is no element of Grade Pay to fix the rate of contribution on par with government retirees. The ward entitlement of Government retirees is also determined on the notional pay in pay Band. Hence, BSNL will have to evolve a new dispensation on contribution and ward entitlement in respect of BSNL retirees which must be in conformity with the rates applicable to CGHS beneficiaries.