AIBDPA/DOT-FP-MH/2020 27th June, 2020
Shri Anshu Prakash
Department of Telecommunications,
Sanchar Bhawan, 20,
Ashoka Road, New Delhi-110001
Sub: – Denial of Family Pension from the eligible date, violating GOI Rules- case of Ms. Shanta Krishnappa Kumbhar, widow of late Shri. Krishnappa Balappa Kumbhar, Telecom Mechanic under GMT, BSNL, Kolhapur, Maharashtra, now residing at Plot No.12, S No292, Lingayat Nagar, Near Loyt Bus Stop, Devraj Urs Colony, Basavan Kudachi, Dist.Belagavi-591124, Karnataka – reg.
Ref: (1) PPO No.CCA/MH-MB/ PEN/ KBK/F 3268 Dated 19-09-2019.
(2) Government of India- Department of P& PW OM No.1(17) P &PW/86-E dated 18-02-1993.
- We wish to bring to your kind notice a very genuine case wherein gross injustice was meted out to the widow of a Telecom Mechanic by denying Family Pension arrears for 12 years in violation of the GOI Rules.
- A brief history of the case is narrated hereunder;
Shri Krishnappa Balappa Kumbhar, Telecom Mechanic of BSNL, Kolhapur SSA, Maharashtra went missing on 05-10-2002. A complaint was filled with the Police and FIR issued on 16-10-2002. The efforts of the Police to trace the missing official yielded no results. All these developments were duly intimated to the concerned officer of BSNL Kolhapur then and there. Shri K.B. Kumbhar was the only earning member of the family consisting of his wife and two small children. Meanwhile BSNL Kolhapur administration, instead of helping the poor family in distress, resorted to punitive measures. A charge sheet under Rule 14 of CCS(CCA) Rules, 1965 was issued against the missing official (virtually dead) for absconding, inquiry conducted exparte and awarded the punishment of dismissal…! It is worth mentioning here that no consent of DOT, as required, was sought before resorting such a drastic action.
- No benefits entitled as per GOI Rules were given to the family and request for Family Pension also turned down by the BSNL Kolhapur administration, putting the family into untold miseries and distress. The hapless widow, with the help of certain well wishers, preferred representations against the cruelty to the Grievance Portals of Department of Telecommunications and Department of Pension and Pensioners Welfare, but of no avail.
- It was under these circumstances that the issue was brought to the notice of this Association. We promptly took up the case with BSNL Corporate Office vide our letter dated 21-06-2017. Another letter was sent to Shri. Jithendra Singh, Hon’ble Minister of State for Personnel, Pension and Pensioners Welfare vide our letter No. AIBDPA/MIN-PPW/2017 dated 27-06-2017. BSNL Corporate office initiated action immediately by asking CGMT, Maharashtra to send a report on wrong actions of Sholhapur SSA. But there was no positive response from the Maharashtra Circle, presumably due to the negative stand of Kolhapur administration. Thereafter, Ms. Sujata T Ray, the then Director (HR), BSNL wrote two DO letters to CGMT, Maharashtra urging for immediate relief to the victimised family. Shri. Jithendra Singh, Hon’ble Minister also forwarded our letter to Department of Telecommunications for necessary action. CCA Mumbai also initiated some action on direction of DoT, asking the Kolhapur administration as to why the family pension case is not being processed.
- Thus, BSNL Kolhapur administration was compelled to cancel the dismissal Order, inflicted illegally on the missing official and started processing family pension case, but with a vengeance to the hapless family. As part of this, documents already submitted were asked to furnish repeatedly. They also asked for the court order dated 11-03-2014 declaring the missing official virtually dead. When this order was given, they asked to furnish death certificate from the local body. The poor widow approached the local body but was told that no death certificate is issued for missing persons. This was intimated to the BSNL Kolhapur administration through a letter and also reminding that as per existing rules, death certificate is not required in missing cases to process the family pension. But the BSNL Kolhapur administration took a very adamant stand and threatened that they will not forward the pension papers without death certificate. Unaware of the conspiracy and wickedness of the Kolhapur administration, the poor widow with much difficulty, managed to get the death certificate from the local body with date of death, 11-03-2014, the same date the court issued the order. Actually, this not a genuine certificate and therefore untenable. BSNL Kolhapur administration processed the family pension case based on this fake death certificate which was not at all warranted in the instant case, as per rules.
- So, the order for family pension from 11-03-2014 was issued by CCA, Mumbai on 19-09-2019 without proper scrutiny of the relevant Rules in this regard referred (2) above which states as follows;
” The family can apply to the Head of. Office of the government servant for Grant of family pension and Gratuity after one year from the date of the First Information Report was lodged with the police. Family pension at normal/ enhanced rates, as may be applicable in individual cases, will be payable to the family of the missing employee retrospectively from the date of filing FIR with the police.”
- Sir, you may kindly imagine the plight of the poor family during the long 17 years due to the cruelty meted out by the BSNL Kolhapur administration, for reasons best known to them. Finally, they have inflicted last assault by denying the family the entitled arrears of family pension for a long 12 years.
- In view of the foregoing, we request your good self to kindly cause necessary action for extending justice to the poor family, by granting Family Pension from the eligible date of 16-02-2002, the date of filing of FIR, as per rules refereed (2) above.
Expecting an early positive action and
K G Jayaraj
Encl: Copy of the relevant pages of the PPO.
Copy to: (1) Shri P.K. Sinha, Member (Finance), DoT, Sanchar Bhawan, New Delhi-110 001
(2) Shri Sanjay Agarwal, Director (Estt-2 Pension), DoT, Sanchar Bhawan, New Delhi-110 001.
(3) Shri Saurabh Tyagi, Sr.GM (Estt), BSNL C.O., Bharat Sanchar Bhawan, Janpath, New Delhi – 110 001.