The Sixth Pay Commission did not do justice to the pensioners. A person in service drawing Rs 5000 as basic pay was granted increase in the form of Grade Pay of Rs 4200.It comes to 84% of the pay. Whereas, a pensioner drawing Rs 5000 as Basic Pension was granted increase of Rs 2000 (40%) only. This injustice, in every pay scale, is still continuing for eleven years.
Another major anomaly was about rate of pension. Those who retired on or after 1-1-2006 were granted pension at the rate of 50% Last Pay Drawn, provided they rendered a minimum of ten years qualifying service. Those who retired before 1-1-2006 continued to get pension at the rate of 50% of ten months average pay and that too on rendering qualifying service of 33 years. This disparity continues for the last eleven years.
Seventh CPC gave two options to undo this injustice and bring parity in pension of old pensioners and new pensioners. While Government accepted both the options, Option No 2 was implemented. Pension was multiplied by 2.57. Net benefit got is 32% of the existing basic pension. Though government accepted Option 1, subject to feasibility, it was not implemented. Instead, the Allowance Committee was asked to examine the ‘feasibility’. It is understood that the Committee has almost rejected Option 1. They have suggested a new method to bring parity in pension. It is not yet announced officially. It is presumed that pay of the retirees will also be revised notionally in the new pay matrix. Then pension will be granted at 50% of the notionally fixed pay. It will remove the disparity to some extent. There is some indication as gained in the SCOVA meeting on 12-1-2017. [Please see the second Email received from Com. Krishna Rao, GS of Karnataka P&T Pensioners Association, given below.]
Question is about date of effect. If the new proposal is implemented with effect from 1-1-2016, then the senior pensioners will be losing arrears for ten full years.
We wrote to all organisations participating in SCOVA requesting them to demand pension at 50% of Last Pay Drawn to all who retired prior to 1-1-2006. Com. Krishna Rao only took up the item. But, it was not included in the Agenda by Government Side.
Items suggested by KP&TPA (mailed to you earlier)which wolud benefit a large number of pre-2006 pensioners Viz. pension at 50 % of LPD, Stepping up of pro rata pension consolidated as per para 4.1 of OM dated 1-9-2008 to 50 % of the LPD , Grant of Family pension to unmarrried sisters, Increase in ex gratia to CPF beneficiaries were not included in the Agenda.
However, the Secretary DoP&PW who was the Chairman of the High Power Committee constituted to examine the feasibility of implementation of Option-1 recommended by the 7th CPC informed us that the Committee has submitted its report to the Govt and the Cabinet has to take decision in the matter. When we wanted to know about the nature of the "REPORT" the Secretary remarked that it is "Positive". When asked further , he said " it is as per your suggestion" . We understand that the report is about granting of parity in pension as recommended by the 5th CPC extended up to 7th CPC. .............................
........ If the report of the Committee on parity in pension is accepted by the Govt , then all pre 2016 pensioners will have their pension revised at 50 % of the Notional pay under 7th CPC and our demand regarding grant of pension at 50% of LPD will be met though may be from 1-1-2016 instead of from 1-1-2006, provided the amount of pension revised as per option-2 (application of multiplication factor 2.57) is lower than 50 % of the notional pay under 7th CPC.
[The meeting of SCOVA (Standing Committee of Voluntary Agencies) was held yesterday, presided over by Dr Jitendra Singh, Minister for Personnel.The Karnataka P and T Pensioners Association is a participating organisation in SCOVA.On our request, Com. Krishna Rao, GS of the Association raised two issues concerning BSNL retirees in the meeting.About the discussion in the said meeting Com. Krishna Rao sent an Email to us.We are thankful to Com. Krishna Rao.Please read the message from Com. Krishna Rao below:]
“ When the item regarding the Anomaly case was taken up for discussion in the 29th SCOVA meeting held on 12-1-2017, I mentioned about the judgment dated 16-12-2016 of CAT Principal Bench, Delhi which has allowed the Application of AIBSNLPWA & Others and requested that the Order may be implemented and the Govt must not file a writ petition in the High Court of Delhi since the demand for correction of the anomaly has been pending unresolved for more than 16 years. I also requested that the CAT Order must be made applicable generally to all DoT/BSNL Pensioners who retired within 10 months of formation of BSNL. The Official side responded well to the request.
Continuing with my submission, I drew their attention to the National Litigation Policy and said that since the numbers of Pensioners that will benefit is around 4000 + only and the expenditure may not be quite huge, the Order may be implemented without appealing against it in the High Court. The Secretary DoP&PW and the Additional secretary responded by asking DoT to examine the request and take a decision in the matter. However, the Official representative of DoT did not say anything in the matter.
On revision of pension of pre June 2013 pensioners after merger of 78.2 % of IDA, I brought it to their notice that much progress has not been seen in payment of arrears and as per the information available with us revision of pension has reportedly been done only in about 15-20 percent of the cases and the time frame fixed for revision has already ended. The Additional Secretary asked the DoT to look into this to ensure expeditious revision.
The Pension anomaly of 4230 BSNL staff who retired before completing ten months in BSNL has been pending for more than ten years. This issue was taken up under item No.16 in 20th SCOVA meeting held on 21/9/2011 and it was discussed in every subsequent meeting. After Dr Jitendra Singh took over as the Minister for Personnel and Pension, the matter was discussed several times. Minister asked the officers to take a decision. The decision of the meeting held on 19/2/2013 was DoT will take final decision in the matter by 31/3/2013. Three years have passed since then. But SCOVA did not take any decision.
In the meantime, the case was heard and decided by the Honourable Principal Bench of Central Adm. Tribunal on 16-12-2016. DoT furnished all details in the Court.
Alas! The Official Side has stated in the Action Taken Report to be presented in SCOVA meeting tomorrow that DoT has sought details from BSNL vide a letter dated 14-12-2016 and a reminder has been issued to BSNL on 4-1-2017.
THIS IS SCOVA. MEETINGS ARE HELD FREQUENTLY. DISCUSSIONS TAKE PLACE. MINISTER DESIRES DECISION. BUT OFFICERS WILL NOT TAKE ANY DECISION. THEY ARE STILL COLLECTING DETAILS……………………….
SCOVA: Standing Committee Of Voluntary Agencies. (Officially)
We have won the case on Pension anomaly of those who retired from BSNL during the period from October 2000 and June 2001. It is another feather on the cap of AIBSNLPWA.
I appreciate the great work done by our Legal Committee consisting of Com. D Gopalakrishnan, Com. R L Kapoor and Late Com. Chhidu Singh (Com. R H Mitkary is the member of the committee now in place of Com. Chhidu Singh.)
They spent days and months to collect all materials relevant to the case. The Advocate Shri Naresh Kaushik pleaded the case brilliantly on behalf of our Association. Advocate could plead it properly because of the feedback he received from our Legal Committee.The Judgement in full (24 pages) is uploaded below. By clicking on the link you can see the full judgement. I hope better sense will prevail on the top officers in DoT and issue necessary orders without going for an appeal and prolong the legal battle. Let us wait and see.