ALL INDIA RETIRED BHARAT SANCHAR NIGAM LIMITED
EXECUTIVES' WELFARE ASSOCIATION
Central Headquarter, New Delhi

Registration no. is S/00/09/NE/2010  k

Edited by Sh. Rakesh Srivatava, Vice President-II & Editor, AIRBSNLEWA
email id: ksingh.ragm@rediffmail.com, srivastava_rks@yahoo.com

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Updated on 25-05-2015:   12-30hrs AIBSNLEA CHQ CHQ Circulars Important Orders Pension Rules WEST BENGAL PAGE
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LATEST NEWS:::::: THE DRAFT CABINET MEMO IS READY AT ESTT WING AND WILL BE SENT TO DOT FIN TODAY(20-05-15). THE 60:40 CLAUSE IS BEING RELAXED AS PER THE LETTER WRITTEN BY SH S BEHURA. :::::::::::::::

25.05.2015:     The Draft Cabinet Memo on 78.2% IDA merger for pensioners, after modifications made by Estt Wing of DOT, reached the office of Member (F) today afternoon. Further follow up will be informed to members as it happens.  
20.05.2015:   Status of theCabinet Note regarding 78.2% IDA Merger :
As per the informations received from the Establishment Wing today morning, it is learnt that the Establishment wing has acted very fast. The Draft Cabinet Memo is almost ready after accomodating the comments/sugesstions of Member (F) DOT and will be sent to Member (F) today itself. If no further hurdle occurs then the file will be sent to MOC following the hierarchy. The major change which is being made in the cabinet note is the relaxation of 60:40 clause on pension payment. Now it is being mentioned in the draft cabinet note that if BSNL is unable to pay its share, still Government will bear the responsibility of paying pension to the DOT pensioners retired before 1-10-2000 and deemed DOT pensioners retired/retiring after 1-10-2000

It is matter of great relief and satisfaction to all of us in AIRBSNLEWA, that our timely action has forced DOT to rethink its decision and to take subsequent action for correcting its wrong action taken in the cabinet memo dated 29-12-2010 in line to our letter written to DOT. We are happy that  now the pensioners can feel relieved. We hope that the amendemt suggested will get the approval of the Cabinet also in due course.  Click to read the letter written

  BSNL PENSIONER'S MAY FACE PROBLEM ON PENSION PAYMENT IN FUTURE !!!
Relevant para of the Cabinet Memo no 40-17/2008-Pen(T) Dt 15-01-2011 on 60:40 issue: (Para 3.5 and 6.2) " ...government liability of pension in respect of employees of DoT/DTS/DTO, who retired prior to 1-10-2000 and those who have worked or working in BSNL on deemed deputation and for those who absorbed in BSNL, being limited to 60% of annual receipts to Government from (i) Divident Income from MTNL/BSNL, (ii) License fee from MTNL/BSNL, (iii) Corporate Tax/Excise Duty/Service Tax paid by BSNL. If the annual pension liability exceeds the figure 60%, the balance amount is to be paid by BSNL."   Full Cabinet Memo
 
18.05.2015:   
Status of theCabinet Note regarding 50% IDA Merger w.e.f 1/1/2007 amounting to 78.2% IDA

The file dealing with Cabinet Note regarding 50% IDA Merger w.e.f 1/1/2007 amounting to 78.2% IDA has been received back from Member(F) and it is now to be processed as per the latest noting of Member(F) by the Esablishment wing of DOT.

It is also learnt from the Establishment Wing of DOT  that the case shall  be speedily processed in accordance with approval granted by Deptt. Of Expenditure vide OM dated 15/10/2014. Another point to be incorporated in the cabinet Note is  the waiver of 60% limit of TAX Receipts (from BSNL/MTNL) imposed  by DOT towards payment of pension  to 1.7 Lac DOT Pensioners retiring before 1/10/2000 and 3.2 lacs deemed DOT Pensioners retiring as and when  from BSNL  after 1/10/2000 as specified in DOT OM No.1-45/2003-B dated 15/6/2006 issued by DDG(FEB).

 
This  waiver is to be processed keeping in view the executive orders  issued  by two former Secretaries(T) vide DO No.1-45/2003-B dated 15/03/2005 addressed  by Shri Nripendra Misra Secy(T) to CMD, BSNL and  DOT OM NO.40-12/2007-PEN(T) dated 05/01/2009 issued by Shri Siddhartha Behura Secretary(T)
 Thus the letters issued by AIRBSNLEWA and AIBSNLEA protesting the 60:40 arrangement have yielded result. However we have to wait till final preparation and approval of the cabinet Memo.
16.05.2015:  78.2 % ISSUE: Sri Kishen Singh GS and Sri Prahalad Rai Chief Patron met DDG (Estt), DOT yesterday. He informed that the file is now back and Member (F) has asked certain query which will be prepared. He advised to meet the Director for more details but unfortunately he was not available. CHQ shall again try next week to know the details. Therefore the file is not "cleared " by Member (F) DOT, as mentioned in some websites.
16.05.2015: U P (East) Circle holds circle conference at Lucknow on 21st May, 2015. From CHQ Com GS, VP and AGS(HQ) will be attending the conference. All Pensioners in and around Lucknow are requested to attend the conference. 
14.05.2015: NIGHT UNLIMITED FREE CALLS NOT ALLOWED FOR FREE LAND LINES: it is gathered from ITPC wing, who are implementing the new BSNL scheme of free unlimited calls from 9PM to 7 AM, that the free night calling scheme is not available to Service Phones, Concessional Phones to pensioners, Sulabh Connections and also on some other plans. 
14.05.2015: DEVELOPMENT ON 78.2% IDA FIXATION CASE: The file containing the draft cabinet memo has since been received by the establishment section from Finance wing of DoT. It may be noted that the draft memo was with Member (F) DoT for about a month, therefore it is likely that she might have made some comments/suggestions on draft cabinet memo. We are trying to collect the information and shall upload immediately
14.05.2015:  A condolence meeting was held at New Delhi on 06-05-2015 in memory of late com M L Sharma, our president. Members present have spoken about the services rendered by Com Sharma for Pensioners and AIRBSNLEWA.   
22.04.2015:  Com Chandreswar Singh GS/NFTE writes to MOC seeking his intervention to protect the pension of present and retired employees of BSNL, who took absorption in BSNL after firm commitment and assurance from Government..(60-40 issue.). He also endorsed the copy of the letter to Secretary DOT and CMD BSNL for action. WE ARE EXTREMELY THANKFUL TO THE LRADERSHIP OF NFTE FOR HIGHLIGHTING THIS BURNING ISSUE. Click for letter to MOC  DOT    BSNL  
Com M.L.Sharma President CHQ AIRBSNLEWA passed away on 20-04-2015 after a massive heart attack at the age of 69 years. Let his soul rest in peace at heavenly abode. AIRBSNLEWA offers its condolence to the bereaved family.
22.04.2015:  CIRCLE HEADS ARE EMPOWERED TO WAIVE THE UPPER LIMIT  FOR OUTDOOR MEDICAL TREATMENT ON CRITICAL CASES      VIEW ORDER                           
22.04.2015:  Com Kishen Singh GS writes to Sh Ravi Shankar Prasad MOC seeking immediate meeting on abnormal delay in settlement of 78.2% IDA merger for pensioners. CLICK                      

21.04.2015:    ATTENTION PENSIONERS OF TELECOM ENGINEERING:=
Status of Rule 206  case :(Seniotity as per year of passing the Qualifying Exam not Year of Rect):

The Expert Committee comprising of Hon'ble Justice Shri K. Ramamurthy (Retd.), Chairman and Hon�ble Dr. D.P. Sharma, Member hold 3rd hearings on 18.04.2015 at Sir Ramana Kendra, No.8, Institutional Area, Lodhi Road, New Delhi and directed BSNL to prepare a tentative seniority list based on the 17 seniority lists prepared in 1993 and 2001 including (a) Serial No. (b) Name (c) Position in 1993 seniority list (d) Corresponding position in 2001 seniority list (e) Present posting (whether substantive or officiating) (f) Year of passing examination (g) Year of recruitment/appointment (h) Indicate MTNL or BSNL (i) DQE or LDCE (j) In service/retired.

The tentative list shall also include the name in the seniority list of 1998. This tentative list shall be circulated to all the concerned advocates on or before 28.04.2015. The hearing fixed for 23.04.2015 stands cancelled. The tentative list shall be considered on the next date of hearing i.e. Saturday, 2nd May, 2015 at 11.00 am at Sir Ramana Kendra, No.8, Institutional Area, Lodhi Road, New Delhi subject to confirmation for availability by BSNL.

After publication of the revised lists 1 to 17, Applications are required to be submitted to get the benefit as per Rule 206 at per with the Juniors.

18.04.2015:  Com  Kishen Singh GS,AIRBSNLEWA writes to Sh Rakesh Garg Secretary DOT on Deliberate Attempt By DOT to limit and dilute the Govt, Liability for payment of Pension/Family Pension to 5.2 Lacs Pensioners.".......You are requested to take necessary corective actions immediately to negate the impact of statements made in para 2.6 and 3.5 of the cabinet memo dated 29-12-2010. A fresh adminitrative order, reassuring the 5.72 lacs DOT/Retirees/Deemed DOT Retirees, similar to that of former Secretary(T) Shri Siddhartha Behura's order issued vide OM No 40-12/2007 dated 05-01-2009, may be issued at the earliest."   Read Full Text.
Com Prahalad Rai GS/AIBSNLEA has also written to Secy(DOT) on same line on 20-04-2015. CLICK
17.04.2015:   STATUS OF 78.2% IDA MERGER CASE: Com Rakesh Srivastave VP enquired with the concerned section today. It is learnt that the file containing the revised cabinet note which was prepared urgently under instruction of Secy DOT by the establishment section of DOT, is under "DEEP STUDY" of Member (F) DOT since last 12 days.
14.04.2015:  UNLIMITED FREE CALL FROM BSNL LANDLINE TO ANY LAND OR MOBILE PHONE BETWEEN 9PM TO 7 AM FROM 1ST MAY 2015. VIEW ORDER
10.04.2015:  Meeting with New Member (Services), Telecom Commission, DoT, New Delhi: Sri Prahalad Rai GS/AIBSNLEA and our Chief Petron met Shri N.K. Yadav, Member (Services), DoT New Delhi and greeted and congratulated him on assuming the high office of Member (Services), Telecom Commission, DoT, New Delhi. He requested him to extend his fullest support to BSNL also to settle the long pending 78.2% IDA Pay fixation for BSNL Pensioners. Member (Services) assured his fullest co-operation to BSNL and also assured to look into the issue of 78.2% IDA Pay fixation for BSNL Pensioners.

Com Rakesh Srivastava Reports on 78,2% IDA merger issue : The file containing the draft cabinet memo was sent to Dot Estt cell by Finance of Dot. Now it is again sent back to internal finance of DoT,

10.04.2015:Our West Bengal Circle had a meeting with CGM (Calcutta Telephones) on burning medical problems of the circle faced by pensioners. The meeting was attended by the CGM, PGM(CFA), GM (Fin), All 5 GM operations, DGMs, AGMs , DE(HCU). From Association side Com Amit Gupta AGS, Com D. Biswas President, Com S. Sarkar Circle Secretary, Com D. Roy Exe. Member were present. Healthy and Fruitful discussions were held for about an hour on the agenda submitted. CGM agreed to implement the proposals submitted in principal and directed all to ensure justice to the pensioners. He also directed to issue a minute of the discussions and decisions, which is expected shortly. Click for The Agenda. Other circles may also take similar action if the problem mentioned in the agenda prevail in their circles.
 08.04.2015:GS AIBSNLEA, Sri Prahalad Rai, our chief petron, writes to Shri Rakesh Garg, Chairman, TC & Secretary (Telecom), Department of Telecommunication Govt of India, Sanchar Bhavan New Delhi-110001 Sub: Inclusion of retired BSNL employees (Ex DOT recruits) in the preview Of 7th Pay commission for revision of their pension- <<<Click here for letter>>>

Further he met CMD BSNL on 07-04-2015 and discused on DoT recommendations to 7th CPC for revision of pension of BSNL pensioners and withdrawal of 60:40 provision of BSNL receipts:  He requested to take up the issues with DoT for revision of pension of BSNL pensioners with 7th CPC and withdrawal of 60:40 provision of BSNL receipts. CMD informed that he has already written a DO letter on the issue of 60:40 provision withdrawal to DoT and will further write to DoT regarding pension revision of BSNL pensioners to be taken up with 7th CPC.

01.04.2015: GS AIBSNLEA Writes to :

Sri Rakesh Garg, Chairman Telecom Commission & Secretary, Department of Telecom Commission, New Delhi regarding attempt of DOT to change the pension rules is respect of DOT/DTS employees subsequently absorbed in BSNL <<<Click here for letter>>>

26-03-2015:WELCOME DEVELOPMENT ON 78.2% IDA FIXATION CASE: Sri Prahalad Rai, our chief petron and GS, AIRBSNLEWA, Shri Kishan Singh met Director (Estt), DoT Shri Pracheesh Khanna today and discussed regarding 78.2% fitment to BSNL Pensioners. Director (Estt) mentioned that yesterday (25/3/15) in an internal meeting of DoT it has been decided to redraft the Cabinet Memo as per the advice of DoE and DoP&W instead of further waiting for DoE reply of the letter dated 12-03-2015. However, the information of BSNL Pensioners may be procured from BSNL at the earliest. He assured that revised Cabinet Memo will be sent to Internal Finance of DoT by tomorrow (27-03-2015) itself.
 It is to mention that AIBSNLEA and AIRBSNLEWA have requested Hon'ble MoC & IT for his kind intervention on this issue and now Hon'ble MoC & IT office has intervened in the matter and the DoT officers meeting has taken place to expedite the issue. pL see the news uploaded on 28-02-2015 in this respect.                          
24-03-2015: STATUS OF 78.2% IDA FIXATION CASE: Today our Vice President Sh Rakesh Srivastava met the concerned officers of DOT and following information was gathered regarding progress of the case.
 
In accordance with observations/ instructions of  Member (F) in this case Establishment Wing  in DOT  has written two letters, one to Deptt. Of Expenditure  and another to CMD, BSNL to provide necessary feedback. Also one inter-office Memo was addressed to PSU Wing in DOT.
 
PSU Wing in DOT was asked to re-examine whether pension  arrears for the period from 1/1/2007 to 09/06/2013 could be considered payable in view of agreement reached between CMD BSNL and BSNL Unios/ Associations in 2012, which were however held to be non-payable by PSU Wing earlier.

 
In  letter dated 13-03-2015 addressed to BSNL, DoT has asked for specific data regarding pre-2007 and post-2007 BSNL Pensioners i.e.  (a)  total number of pensioners retired between 1-10-2000 and 31-12-2006 and (b) total number of pensioners  superannuating between also from 1-1-2007 to 09-06-2013.

In  letter dated 12-03-2015 addressed to Deptt. Of Expenditure  DOT  pointed out  that as per CCS pension rules, benefits like pension, gratuity, commutation etc are defined together as pensionary benefits and are linked to the actual pay drawn. But as per the proposal concurred by  DoE on 15/10/2014, the cabinet memo which is currently under preparation allows pension on increased notional pay but denies gratuity, commutation  etc on the same increased notional pay. Allowing Pension on notional pay and denying DCRG/ Commutation on Notional Pay may lead to  legal problem in future.  In view of DoT,  either both sets of pensionary benefits should be based on notional pay seeking relaxation of Rule 33 & 34 of CCS Pension Rules 1972 or both should be base on actual basis. DoT also opined in the letter that, Allowing only pension on notional pay and disallowing DCRG etc on notional pay does  not appear to be  appropiate and reasonable.

Hence DoE has been virtually asked to review  its earlier opinion given vide OM dated 15th October 2014 and to clarify whether to allow  pensionary benefits as per notional pay or as per  actual pay because a mixture of both as contained in  the OM dated 15/10/2014 of DoE  may ultimately lead into legal problem.

AIRBSNLEWA is the only pensioner's association who is fighting relentlessly togethether with AIBSNLEA for due arrears of pension and pensionary benefits to the pensioners while implementing the 78.2% IDA fixation.. Our GS Com Kishen Singh has written to DoT the same points which is now mentioned in letter toDoE, on 19-11-2014 which was uploaded in our site on 03-12-2014. click to read again. Page 2 3 This letter of DoT to DoE, and also the note of Member(F) to PSU wing establishes that we are on correct path of not compromising the issue of arrears.

It is also understood that Member(F) DoT, has also suggested to include in the cabinet memo, a provision to get the cabinet approval for policy approved by Secretary(T) vide Office Memo No.40-12/2007-PEN(T) dated 5th Januray 2009  regarding Pension Liability of BSNL. This shall deal with the issue of  the 60:40 sharing of pensionary load with BSNL, as was included  earlier for the first time  in  cabinet note on 20-01-2011, even though the same was specified in  Memo no.1-45/2003-B dated 15th Janary 2006 issued by Finance Wing of DOT.
 

(V.P.'s comments:- Letter addressed to Deptt. Of Expenditure  ought to have been addressed to DOP&PW, the nodal Ministry as well, which deals with policy matters on Pension. Earlier approval of Deptt. Of Expenditure dated 15/10/2014 was given in concurrence with the opinion/ observations of DOP. However, DOT will now wait for reply of Deptt. Of Expnditure before writing to DOP thus leading to further delay in finalization of the Cabinet Note..)”
12-03-2015:Status of 78.2% IDA pay fixation of BSNL pensioners: Our Chief Petron Sh Prahalad Rai and VP AIRBSNLEWA Com. Rakesh Srivastava met concerned officers in DoT Pension Cell yesterday and discussed regarding 78.2% pay fixation of BSNL pensioners. They informed that after 2 & ½ months the file has been returned to pension cell from internal finance of DoT wherein many points have been raised to seek the clarification from DoE, BSNL, Etc. Letters are being sent to all concerned in this regard which may further take 2 to 3 months time to receive reply. They further mentioned that earlier note of notional pension fixation was also sent to DoP&PW and DoE with the advice of DoT finance cell only, wherein DoP&PW suggested to take clearance of DoE and DoE has clarified 5 months before to move a cabinet note. The pension cell of DoT moved the cabinet note on 4th December 2014 to internal finance of DoT for clearance and after 2 & ½  months DoT finance has suggested to take further clarification from DoE in case the actual pension arrears are paid. Now the letter is again being sent to DoE which will further delay the cabinet note.

It is understood that DoT is delaying the issue with malafied intension. Hence immediate intervention of Hon'ble MoC & IT is required to expedite the decision on the issue. We already met PS to Hon'ble MoC & IT Smt. Bandana Priyashi and appraised the status of the case and further we will try to meet Hon'ble MoC & IT in this regard.

ALSO READ THE REPORT OF COM RAKESH SRIVASTAVA AND OUR VIEWS CLICK            

09-03-2015: Com Rakesh Srivastava VP informs that the file on 78.2% IDA fixation issue is lying on the table of Member (T) DOT from 4-3-2015 with noting of Estt section on Member (F) DOT's querry                            
02-03-2015: DOT corrects its statement submitted to SCOVA on 78.2% issue: In the Action Taken Report, DoT earlier stated that the cabinet memo has been submitted to MoC for approval. AIRBSNLEWA has reported on 03-02-2015 that the report is incorrect and the file is still pending with Member(F) DoT. The delegation of AIRBSNLEWA which met PS to Hon'ble MoC on 23-02-2015 also pointed out about this incorrect report. Now in the minutes of the meeting the wrong reporting  has been corrected and the correct position is mentioned.                          
28-02.2015: On 23-02-2015 Com P Rai Chief Patron, and GS, VP AIRBSNLEWA Shri Kishan Singh and Shri Rakesh Sriwastava met Smt. Vandana Sancheti (IAS) PS to Hon'ble MOC & IT and explained the issue of BSNL pensioners pay fixation as per the 78.2% fitment benefit. We expressed our serious concern against delay in implementing the DPE order whereas the same has been implemented about two years before for BSNL serving employees.  As per the clearance given by DOP&W and advice given by DoE a cabinet note have been moved by Pension Cell of DoT to the internal finance of DoT and again some queries has been made by DoT Finance Wing to the Pension Cell of DoT and now the case is pending for comments with SO (Pension) hence the case is shuttling between Finance Wing and Pension Cell for the last four months. DoT has informed SCOVA wrongly that the Cabinet Note is pending with Hon'ble MOC & IT for approval. In view of this we requested for the kind intervention of Hon'ble MOC & IT. The PS mentioned that at the instance of Hon'ble MOC & IT this meeting has been conducted and she will brief the case to the Hon'ble MOC & IT.  Later they also met Member(Services) and appraised him the issue     The letter submitted addressed to MOC
20-02.2015: MORE INFORMATIONS ON MEMBER(F)'s QUERRY: It is now learnt that Member (F) DoT while returning the file containing the draft cabinet memo on 78.2% IDA fixation on pensioners to Member (S) DoT, has suggested the following to be decided and prepare Revised Cabinet Memo accordingly.

1) Since pension payment of DoT has crossed the 60% limit, approval of Secretary (T) to be taken for relaxation as was done earlier for making pension payment.
2) Total number of pensioner and the expenditure to be incurred for implementation of 78.2% IDA
3) Earlier DoT has ordered for non payment of Arrears prior to 10-06-2013. But now as CMD BSNL has written for reconsideration on payment of arrears on 21-10-2013, the decision may be reprocessed.
4)Some other points.

This means that there will be moreeeeeee   delay.                          

20-02.2015:  On 78.2 % IDA issue it is reliably learnt that Member (F) DOT has raised several points including expenditure to be incurred vis a vis 60:40 issue, Arrear of Pension from 1-1-2007 etc.                               
 
16-02.2015:  Com Rakesh Srivastava enquired about status of 78.2% issue. It is learnt from reliable source that Member(F) DoT has returned the file to Member(S) for preparation of "Revised Cabinet Memo".
09-02.2015:  Pension for the Absorbed BSNL employees and the 60:40 issue- Present Position:- When erstwhile DoT employees took absorption in BSNL, it was assured by the Government by introducing Rule 37A in CCS Pension Rule 1972, that payment of pension is the responsibility of Government and shall be paid by the Government, BSNL's responsibility will be only to pay the required pension contribution as per rules. (section 21 & 22 of Rule 37A). This was further clarified by the then Secretary DoT Sri Nripendra Kumar Misra  to Sri A K Sinha CMD BSNL on 15-03-2005, where commitment of DoT as per rule 37A has been reiterated.
Subsequently on January 5, 2009 Sri Sidhhartha Behura the then Secretary (T) vide memo no 40-12(2007) Pen (T), notified that the responsibility of the Government for payment of pension to BSNL absorbed employees shall not exceed 60% of the receipt to the Government on a) Divident from BSNL, b) License fee from BSNL and c) Corporate Tax/Excise Duty/Service tax paid by BSNL. The balance amount if any will be borne by BSNL.
It was however also mentioned in the memo that the provision of 60% is only for “funding purpose”, and it does not in any way distract from the fact that ultimate liability of paying pension lies with the Government of India.
But on 11-07-2014 vide 40-13/2013-Pen(T), while replying a query related to 78.2% IDA fixation for pensioners DoT has informed the DoE that the provision of 60% is a cabinet decision. It was also mentioned that from the year 2011-12 onwards the pension paid by DoT is much higher than the 60% figure.
Being curious on how the cabinet approval was taken by the DoT on the 60% liability issue, Sri Amit Kumar Gupta, our AGS, filed an RTI application with DoT. The reply to the query reveals that while processing the implementation of 68.8% IDA fixation for pre 2007 pensioners, the DoT has mentioned this provision in the cabinet memo and got the approval of the Cabinet on 15-01-2011.
Now as per the cabinet approval Government's responsibility for payment of pension to absorbed BSNL employees is limited to 60% only. Click for Rule 37ADoT letters (old), DoT reply to DoE, RTI application and replies, Cabinet Memo.                            
03-02.2015:  Today in the SCOVA meeting the 78.2% IDA issue has been vigourously pursued by Sh S C Maheswari GS,Bharat Pensioner Samaj & other leaders. They insisted for a timeline. MoS also told BSNL/DoT to give a timeframe. Ultimately JS DoP&PW told them to resolve the isuue within one month.
Meanwhile Com VAN Numboodri convenor, JAC met Member Services DoT today , who confirmed that the Draft Cabinet Memo is still with Member(F) as we have reported earlier in the morning. Under this situation action on war footing is required to fulfill the commitment given at SCOVA meeting. Let us watch the developments.                                      
03-02.2015:  Today at 11-00 Hrs the SCOVA (Standing Committee Of Voluntary Associations) meeting will be held where 78.2% IDA issue will be discussed as pending item. It is learnt that DoT has submitted following action taken report to DoP&PW for the meeting.
“Department of Pension has conveyed it's no objection to the proposal.
Department of Expenditure also has agreed to the proposal subject to approval by the Cabinet.  Accordingly the Cabinet Note has been prepared and put up to the Minister for Communications."

BUT AS FAR THE INFORMATION GOES, THE FILE CONTAINING THE DRAFT CABINET NOTE IS STILL PENDING WITH MEMBER (F) DOT !!!!!!!!!!!!!!!                                   

28.01.2015:  Com Kishen Singh GS wrote to Hon'ble MoC on inordinate delay in settling the 78.2% issue for BSNL Pensioners.  Page 1    Page 2                                             

AIRBSNLEWA WISHES

A HAPPY & PROSPEROUS

Republic Day 2015

TO ONE & ALL

25.01.2015:  GS & President AIBSNLEA met Shri Pracheesh Khana, Director (Estt.) DOT on 22-01-15 and discussed regarding 78.2% pay fixation of BSNL Pensioners. Director (Estt.) informed that draft cabinet note has been sent to Internal Finance of DOT on 04.12.2014 from Member (S). It is pending with member (Finance) DOT. It seems that member (Finance) will mark the file to DDG (Accounts) for information on Pension contribution and its financial implications. They tried to meet Member (Finance) and Member (Services) for early clearance but they were busy in some other important meetings. However, they will try to meet Secretary (T) for his kind intervention for early clearance from DoT.
15.01.2015:Com. Rakesh Srivastava, VP enquired about status of 78.2% issue. It is learnt from reliable source that DoT Finance is proposing to seek cabinet approval for relaxation of payment of arrears due to all pensioners w.e.f. 01.01.2007. This is a great satisfaction for AIRBSNLEWA, who alone is fighting against the move to curtail pension arrears since long.
13.01.2015:Com. Rakesh Srivastava, VP  spoke to Director(Fin.) DoT today morning. It  is gathered that Member(F) DoT has sent back the file to DoT Finance Section on the issue, whether the pension amount prior to June 2013 will be considered as deferred amount or will be treated as not due amount.
12.01.2015: Com. Rakesh informed that 78.2%file has now reached Member(F), DoT for approval of the Cabinet Memo.
10.01.2015: Annual Family Picnic of West Bengal State Branch of AIRBSNLEWA was arranged on 09-1-2015 at Titly Garden, Baruipur near Kolkata. 100 members and fimily mebers attended the day long Picnic. After morning breakfast there were four entertaining games like merry go round, throwing the ball to the basket etc (two events for ladies and two for Gents). There were songs, recitations by the family members. Token Prizes were distributed to winners. Delicious Lunch was followed. The picnic was enjoyed by all particularly bt the family members. See Glimpses.                                
08.01.2015:   UNDERSTAND PRICE  RISE AND DA  (COURTSEY AIBPWA)

Allthough their is no increase in All India Consumer Price Index (CPI) with 2001=100 points still there is a IDA hike of 2.2% from 1-1-2015. HOW ????????

IDA is granted based on three months average Index.
CPI  for June 2014  was 246 points.
CPI  for July  2014 was 252 points
CPI  for August 2014 was 253 points.
Average for the above 3 months was 250.33 points.
CPI for September, October and November was  253 points. 
Average for these three months is same 253 points.
As there was some increase in the average for three months from 250.33 to 253 points,
there is some increase in IDA rate also, though there was no increase in CPI
during the period of September- November 2014.

REAL REASON

It is a fact that there was no significant price rise on many items during the last 3-4 months.Not because of the policies of Government of India or the State governments in India.Main reason is that international price of crude oil came down drastically from 130 Dolors to 50 Dolors. Because there is a competition now between Arab countries and Russia.The price of petrol in India should have been reduced to Rs 50 or  Rs 40 per litre.  It was not done. Petrol price has the cascading  impact on price of many other items.

CENTRAL DA

CDA is granted once in six months, based on average of 12 months CPI.  Index is same.
When average for 12 months is taken, then there is always some increase. 
For example: CPI for January 2014 was 237 points and for November it is 253 points.   
This increase in CPI for a longer period will reflect in CDA rate.  
CDA rate was increasing by 10 % in six months period.  
Since there was not much increase in CPI during the last four months, 
the increase in CDA may come down to 6 percent this time from 1-1-2015
 
WHY TWO RATES FOR CDA AND IDA?
 
In the case of CDA, the CPI merged at the time of  last pay/pension  revision from 1-1-2006
was 115.76 points .  The increase over and above 115.76 is taken for grant of CDA now.
Whereas, in the case of IDA, 126.33 points were merged on 1-1-2007.
The present IDA rate is fixed  for the increase over and above 126.33 points. 
This difference definitely reflects in the  rates of CDA and IDA.

                      

07.01.2015:78.2% IDA FIXATION FOR PENSIONERS:Com Rakesh Srivastava Vice President informed that the file is presently with Sh Rajib Roy Director Finance DoT. He is studying the note given by his section.                                                                                          
05.01.2015: IDA will be increased by 02.20% from 01-01-2015. Hence total IDA will be 98.1+2.2= 100.3% from 01-01-2015                                     
 02.01.2015:78.2% IDA FIXATION FOR PENSIONERS:Com Rakesh Srivastava Vice President spoke with the concerned ADG of DOT Finance today, who assured to send the file to DDG Finance DOT by 05-01-2014 with his notes.                                                      
 

AIRBSNLEWA WISHES

A VERY HAPPY & PROSPEROUS

NEW YEAR-2015

TO ONE & ALL

 

                  

30.12.2014:78.2% FILE STILL WITH INERNAL FINANCE OF DOT:Today Com Rakesh Srivastava Vice President enquired about the progress of the file containing Cabinet Memo for 78.2% implementation. It is understood that the file is lying with the sectional officers of Internal Finance of DOT since last 10 days or more. The officers are enjoying year ending leave and some progress is expected only after 02-1-2015.                                    
26.12.2014:THE EMPLOYER CANNOT RECOVER EXCESS SALARY JUST BEFORE RETIREMENT ---- SC ORDERS: The Supreme Court of India in a landmark Judgment delivered on 18-12-2014 directed that "an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment."  It is common practice of DOT Cells, where last pay drawn of the pensioners is being reduced by one or two increments by the concerned CCAs for so called wrong fixation etc. This judgment may extend some relief to them if perused citing the judgment. The operative part is reproduced below as has been summarized at the end of the judgment: (Civil Appeal No 11527 of 2014) "12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C' and Group ‘D' service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable
balance of the employer's right to recover."  Read the Complete Order                              

AIRBSNLEWA WISHES

MERRY CHRISTMAS

TO

ONE & ALL

24.12.2014: Sri Prahalad Rai Chief Mentor met Sh R.K.Misra DDG(SU/Estt.) DoT yesterday and discussed regarding 78.2% IDA pay fixation case of BSNL pensioners: DDG(Estt.) informed that the cabinet note on the advice of DoE has been prepared and sent to the  internal finance of DoT for clearance and approval of the Hon'ble MOC &IT, it will be sent to nodal ministries for comments and then to the cabinet for approval. It is learnt that the file is still pending with the under secretary of Internal Finance. He immediately spoke to the concern officer of internal finance for an early clearance. Director(Estt.) Sh. Pracheesh khanna was also present in the meeting.                                 
23.12.2014: First Circle Conference of Assam Circle AIRBSNLEWA: As scheduled the first circle conference of Assam Circle AIRBSNLEWA was held at multipurpose Hall, BSNL Panbazar, Guwahati under the presidentship of Com C R Baruah. The meeting was attended by about 70 pensioners from Guwahati, Silchar, Bongaigaon, Jorhat, Tezpur etc. From CHQ Com Amit Kumar Gupta AGS attended the conference. The conference starded at 11.30 hrs and continued upto 17.00 hours after the delicious lunch organized. The conference was also attended by Comrades Amitava Nath CS/AIBSNLEA, I H Mondal CS/SNEA, S Sharma CS/AIBDPA, B Deka CS/BSNLEU. In their deliberations they all have assured to extend all possible support for the cause of the pensioners. Report of the Convener ad hoc body was placed by  com K K Das and accepted by the house. Financial report was placed by FS com Himadri Singha. Com Amit Gupta in his address appraised the house about the various problems pensioners are facing on getting the justified pension and approved medical facilities and actions being taken by this Association, He informed the house the latest position of 78.2% issue and the stand of AIRBSNLEWA to get the justice for 1.3 lakh deprived BSNL pensioners. The house endorsed the stand of the Association. The regular Circle Body was elected unanimously  with Com C R Baruah, K K Das and Himadri Singha as President, Circle Secretary and Financial Secretary respectively.      Circle Body           Glimpses                          
22.12.2014: Comrade Chhidu Singh Deputy GS of AIBSNLPWA passed away on 20-12-2014 following a massive heart attack. He was a constant persuator of 78.2% issue and was a regular visitor of Sanchar Bhavan. From our side Com Rakesh Srivastava was always keeping contact with him. We condole his demise and convey our feelings to the bereaved family.                          
04.12.2014:NEWS ON PREPARATION OF CABINET MEMO ON 78,2% IDA MERGER:  

Com Prahalad Rai, Chief Patron met DDG (Estt), DoT Shri R.K. Mishra yesterday and discussed regarding 78.2% Pay fixation case of BSNL pensioners. DDG (Estt) informed that a cabinet note on the basis of Deptt. of Expenditure clarification has been prepared and shortly it will be sent to DoT Internal Finance Wing for clearance and after the approval of Hon'ble MOC&IT it will be sent for inter-ministerial circulations for comments. After receiving the comments from nodal ministries the final Cabinet Note will be prepared and will be sent to the cabinet for approval. The process may be completed within two months time.                         

   03.12.2014:  Com Kishen Singh GS writes to Sri Rakesh Garg Secretary DoT, requesting not to overlook Supreme Court Judgment Dt 14-08-2013 causing immense financial loss to pensioners. Click For Letter Page1  2   3  Calculation sheet    Supreme Court Order.                             
  29.11.2014:  Convenor Assam Circle Com K K Das has notified for 1st Assam Circle Conference of AIRBSNLEWA on 20th Dec 2014 at Pan Bazar Conference Hall at 11.00 AM, BSNL Guwahati. All Pensioners of Assam Circle are invited to attend the conference.                               
21.11.2014:  Com Prahalad Rai GS AIBSNLEA and our Chief Patron writes to:- 

i) Shri Rakesh Garg, Chairman Telecom Commission & Secretary Telecom, Department of Telecom, Govt. of India, New Delhi 110001 regarding issue of incorrect / false certificate by Department of Telecommunications under Gazette Notification G.S.R. 138(E) dated 3rd  March 2014  to facilitate payment of Pension to MTNL absorbed employees by Government of India at par with BSNL employees by amending Rule 37-A of CCS Pension Rules after circumventing the judgment and order of Hon'ble Delhi High Court dated 25/11/2006 in W.P. Nos.13690-91 of 2006: Demand for calling of  fresh option from  EX-DOT Employees to enable them to  exercise their option  for absorption in BSNL/ MTNL afresh based on informed choice consequent to Gazette Notification G.S.R. 138(E) dated 3rd  March 2014 - <<<Click here for letter>>>

 

(ii) Shri Rakesh Garg, Chairman Telecom Commission & Secretary Telecom, Department of Telecom, Govt. of India, New Delhi 110001 regarding overlooking the Supreme Court's Judgment on withholding of Pension and pensionary benefits (CA No. 6770 of 2013) Judgment delivered on 14-08-2013 while implementing the 78.2% IDA merger issue to the BSNL pensioners retired before 09-06-2013  - <<<Click here for letter>>>    <<<Calculation Sheet>>>  <<S C Judgment>>

                       

16.11.2014:  Com Prahalad Rai Chief Petron and Com Amit Gupta AGS AIRBSNLEWA met GM(Estt) BSNL on 14-11-2014 and discussed the problems faced by the pensioners in getting the reimbursement of outdoor medical treatment claims. Gm(Estt) advised to take up the issues with GM (Admn) BSNL CO. We also discussed the issue of handing over the custody of the service books of IDA pensioners to CCAs like CDA pensioners. This is required for proper maintenance of the service books which is being preserved by CCAs electronically. GM(Estt) decided to examine and also advised to take up with concerned CCAs by the circles.                         
15.11.2014: Com Prahalad Rai Chief Petron and Com Amit Gupta AGS AIRBSNLEWA met DDG(Estt) DoT Sh R K Misra on 12-11-2014 and discussed 78.2% IDA fixation for pensioners issue. The discussion lasted for more than 2 hours. All the points related to the issue has been discussed. It is understood that Com Kishen Singh's and Prahalad Rai's letter dated 29-10-2014 addressed to Secy(T) has been carefully studied by DoT officers but they have decided to ignore the points raised and pursue further in the line of the DoE's memo only. Accordingly the cabinet note has already been prepared and being processed for inter ministerial circulation and comments as per the procedure. The letters are being ignored as we are the lone voice against such injustice of undue pension curtailment. DoT is in impression that everybody is in hurry to get the present benefit for which they are ready to sacrifice the due pension arrears. We strongly protested to such views and pointed out that even the Supreme Court has given several judgments against curtailment of pension and pensionary benefits. DDG(Estt) appreciated our view and mentioned that he has to abide by the DoE's memo for the present. We mentioned that in that case the only option for the pensioners  are to go to court only . But the effected pensioners are more than one lakh in which many family pensioners are also there. It will never be possible for each one of them to go to court, as a result ultimately majority of pensioners will face deprivation only. We requested DDG(Estt) to do justice to this huge number of pensioners and not to deprive them by curtailing the due pension arrears and pensionary benefits like Gratuity ,leave encashment and commutation which are also part of pension and having property right as per supreme court's order. He assured to consider.                        
15.11.2014:  Com Prahalad Rai Chief Petron and Com Amit Gupta AGS AIRBSNLEWA met CMD BSNL on 11-11-2014 and discussed regarding Extending the benefit of 78.2% IDA merger to the pensioners retired between 1-1-2007 to 09-06-2013. They explained that after the recent clarification by DoE, pensionary benefits to the post 2007 pensioners cannot be paid on notional pay. Now it is the responsibility of BSNL to actually revise the last pay drawn so that they get the benefit. We requested to examine the proposal to actually revise the salary of the retiring month where the pensioners are ready to receive the extra amount in terms of recharge vouchers. CMD  agreed to examine the proposal.
15.11.2014:  Com Prahalad Rai Chief Petron, Com Kishen Singh GS and Com Amit Gupta AGS AIRBSNLEWA met GM(ESTT) BSNL on 11-11-2014 and discussed regarding Extending the benefit of 78.2% IDA merger to the pensioners retired between 1-1-2007 to 09-06-2013. They explained that after the recent clarification by DoE, pensionary benefits to the post 2007 pensioners cannot be paid on notional pay. Now it is the responsibility of BSNL to actually revise the last pay drawn so that they get the benefit. We requested to examine the proposal to actually revise the salary of the retiring month where the pensioners are ready to receive the extra amount in terms of recharge vouchers. GM(Estt) agreed to examine the proposal with other concerned officers of BSNL CO                        
15.11.2014:  Com Kishen Singh writes to DOT and BSNL for extending full benefit of pension and pensionary benefits to the pensioners retired before 09-06-2014 while extending the benefit of 78.2% IDA merger to the pensioners.  Letter to    DOT      BSNL                                                   
09.11.2014:  AIRBSNLEWA, West Bengal State Branch has taken up with the Calcutta Telephones administration the issue of poor medical facilities to the pensioners and suggested improved method  for paying outdoor medical bills and also alternate arrangement for Indoor Medical Treatment in absence of cashless system. Click for letter 1   letter 2
Other Circles also may take up if same problem like CTD exists in their circles. 
                       
30.10.2014: AIBSNLEA has written to:
1) Shri Rakesh Garg, Secretary DoT for implementation of 78.2 % IDA from 1-1-2007 to pre 2007 pensioners and from date of retirement to post 2007 pensioners as a fresh cabinet memo will be prepared now. They also requested DoT to pay the retiring month's increased salary  to post 2007 pensioners in terms of mobile recharge vouchers so that they get the pensionary benefits like gratuity , leave encashment etc.  CLICK to View the Letter.   
2) Shri A N Roy CMD BSNL requesting to pay the retiring month's increased salary  to post 2007 pensioners in terms of mobile recharge vouchers so that they get the pensionary benefits like gratuity , leave encashment etc. while BSNL will not suffer any financial problem. CLICK                   
30.10.2014: West Bengal State Branch hold "Vijoya Sanmiloni" (Traditional Get Together after Durga Puja ) at CTO auditorium Kolkata yesterday. About 250 members of AIRBSNLEWA attended the get together. Present Status of 78.2 % and actions being taken by the Association was explained to the members. Com Sitanshu Sarkar State Secretary explained the actions being taken to streamline medical facilities to pensioners in West Bengal. The get togather was also attended by Com Sunil Datta OS, CORTO WB. Beautiful cultural programme was followed by the pensioners, and their family members. The content and the quality of the cultural programme was superb although performed by non professionals. Com Manas Roy and Com P P Mukherjee co ordinated the entire programme which was presided by Com D Biswas President.    CLICK

On 78.2% issue the house decided to draw the attention of the Chief Justice of India regarding the ignorance of DoT about the apex courts judgment and by sending following individual letter to the Hon'ble Chief Justice. About 200 letters were immediately signed and being dispatched to Hon'ble chief Justice.

                APPEAL TO THE CHIEF JUSTICE OF INDIA FROM A GOVERNMENT PENSIONER

To
Hon'ble Mr Justice H L Dattu
Hon'ble Chief Justice Of India
5, Krishna Menon Marg
New Delhi 110011

Hon'ble Sir,

The Supreme Court of India has passed a Judgment on 14-08-2013 Declaring Pension and pensionary benefits as property which cannot be curtailed or withheld by executive order. (C A No 6771 of 2013, SLP(C) No 1428 of 2009).
But Hon'ble Sir, Department of Telecommunications is not giving any cognisance to this Judgement and withholding substantive amount of pension and pensionary benefits of pre2007 and post2007 IDA pensioners and Family Pensioners retired from BSNL while processing to implement 50% IDA merger, amounting to 78.2% IDA merger from 1-1-2007.
I, being an aged man cannot afford to fight against the mighty Government Department in court of law against this deprivation. I neither have the monetary and other resources nor the mobility to do so.
Hon'ble Sir, Kindly ensure that the judgment is honoured by Department of Telecom and its officers.
With Kind Regards,

Yours Faithfully

_Signature, Name and Residential Address

Mob No:

 

20.10.2014: REPLY OF Dept of Expenditure to Dept of Telecom on 78.2% IDA merger issue for both pre 2007 and post 2007 pensioners. Click for the text  
  • DoT's proposal for 78,2% IDA merger for pre and post 2007 pensioners from 10-6-2013 is supported. However DoT is advised to seek cabinet approval for the same
  • For post 2007 pensioners, leave encashment and DCRG on notional pay is denied
16.10.2014: 78.2 % File is returning Back to DoT : Today Com Rakesh Srivastava our VP enquired again at DoE. It is informed to him that the 78.2% IDA merger file is being sent back to DoT with recommendations of fresh cabinet approval for both Pre and Post 2007 pensioners. There may be some other conditions also which will be known when the file is received by DoT.                          
 15.10.2014:  Secretary DoE cleared the 78.2% IDA file  : Today Com Rakesh Srivastava, Vice President enquired at Department of Expenditure about the status of 78.2% IDA merger file. It is reported that the Secretary DoE has cleared the recommendation and presently it is with Director (Admn) DoE. It is therefore expected that the file may reach DoT by this weekend.                               
 30.09.2014:  LATEST POSITION OF 78.2% ISSUE: Vice President Com Rakesh Srivastava today enquired about the 78,2% IDA file at Dept of Expenditure. It is learnt that the Secretary DoE has not yet cleared the file and marked it to Joint Secretary DoE for certain clarifications who is presently on leave and may join tomorrow.                                  

AIRBSNLEWA WISHES ALL THE VIEWERS

Subh Navaratri ,Happy Dussera, Happy Diwali

04.10.2014:  IDA is likely to be increased by 6.9% from 1-10-2014 as per ALL India Consumer Price Index of June, July and August 2014. Hence total IDA will be raised from 91.3% to 98.2% (may be 98.1% also if not rounded up to next higher figure) from 1-10-2014.                                         
22.09.2014:  BSNL CO issues guidelines on application of yearly ceiling limit for settlement of outdoor medical bills overlapping two financial years.  VIEW                                
18.09.2014:  ATTENTION PENSIONERS OF CALCUTTA TELEPHONES: Pension Adalat will held shortly. Please submit your any pension related disputes to Jt CCA, 8 Hare Street, Kolkata 700001, 2nd floor by 29-09-2014. Pl apply with all relevant documents.                        
10.09.2014: Sri Prahalad Rai our chief Patron, met DDG (Estt) DoT yesterday and discussed regarding SCOVA meeting held on 5.9.2014 and the status of 78.2% IDA pay fixation case of BSNL pensioners. DDG (Estt.) informed that DoT informed to SCOVA meeting that the clarifications on 78.2% pay fixation have been submitted to DoE and the reply /clearance from DoE is still awaited. DoE didn't submit any reply on this issue to SCOVA meeting. However, he assured to issue reminder to DoE on this issue.
 05-09-2014:  It is reliably learnt that in today's SCOVA meeting, the official representative  of Department of Expenditure has assured that the decision of DoE will be conveyed to DoT within a week.                      
 04-09-2014:  SCOVA (Standing Committee Of Voluntary Organisations) meeting is scheduled to be held tomorrow (05-09-2014) in which the 78.2% IDA merger issue to be discussed. The issue is listed at Sl no 10 of the Action Taken Report issued by DoP&PW     VIEW                          
01
.09.2014:
DOP&PW has notified 4th amendment to CCS Pension Rules 1972 .      Read        

29.08.2014: As Reported in AIBDPA website:

"Com. P. Asokababu, CHQ Vice President AIBDPA,  met Shri. Vijay Kumar Singh, Director (Administration) and urged for early decision in the matter. The Director has stated that they have taken decision to seek cabinet approval for extending the benefit to those retired between 01-01-2007 and 09-06-2013 also because of the 60-40 issue. The DOT had already decided to seek cabinet approval for the pre 2007 retirees. Now, the Department  of Expenditure will send the file back to the DOT to prepare the cabinet note in this regard."
29.08.2014:  Chief Patron Sh Prahalad Rai, GS AIRBSNLEWA Sh. Kishan Singh met DDG(Estt.) DoT Sh. R.K. Mishra and Director(Estt.), DoT Pracheesh Khanna yesterday and discussed regarding status of 78.2% IDA pay fixation to BSNL pensioners. DDG(Estt.) informed that clearance from DoE has not been received on this issue. The efforts are being made to receive early clarifications. However, he mentioned that SCOVA (Standing Committee on Voluntary Agencies) is fixed up on 05.09.2014 wherein the status of this issue will be explained by DoE.
18.08.2014:   Com GS Sh Kishan Singh wrote to Sh Rakesh Garg Secretary (Telecom) demanding invitation of fresh fresh option from Ex-DOT employees for absorption in MTNL or BSNL afresh based on informed choice consequent to new gazette notification G.S.R. 138(E) dated 3rd March 2014. Click  for details page  1  2  3  4  5  6  7  8

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