. 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.