Sub: – Submission of option for outdoor medical facilities by the retirees – extending the last date for submission – reg.
Ref: (1) BSNL CO No.BSNL /Admn-1/15-12/18 dated 08-05-2020.
(2) This Association letter No.AIBDPA/BSNL MRS/2020 dated 13-05-2020.
(3) This Association letter No. AIBDPA/BSNL MRS/ 2020 dated 19-05-2020.
(4) Telephonic discussion had with you by Shri V.A.N. Namboodiri, our Advisor on 29-05-2020.
It is reported that in the discussion you had with our advisor, Shri V.A.N. Namboodiri, you have taken a strong stand against review of the above referred order. The unilateral and arbitrary order was issued curtailing the limited outdoor medical facilities.
All the serving unions and pensioners associations have opposed the new order and demanded reversal/ modifications. It is pertinent to point out that neglecting the all-out opposition is not desirable in a democratic country.
The Hon’ble Prime Minister, in the wake of the Covid-19 pandemic, has repeatedly stated that senior citizens need special care and facilities as they are the most vulnerable section to the pandemic. And as such curtailing the existing facilities tantamount to breaching the promise of the Prime Minister.
While we appreciate your efforts to reduce the unwarranted and unnecessary expenditure of BSNL, we may be permitted to point out that there are other areas of largesse which are to be dealt with strongly.
In view of the foregoing, it is once again requested that a judicial and reasonable review be made in the matter so that justice is extended to the elders.
In the case of submission of Option for outdoor medical facilities by the retirees. We are thankful to you for agreeing to extend the last date to 30-06-2020 during the discussion with Shri V.A.N. Namboodiri. However, no order is so far issued by the Corporate Office in this regard.
But you may be aware of the fact that though the central government has relaxed lockdown as on 31-05-2020, five state governments have extended the lockdown to 30-06-200 and two state governments to 15-06-2020. And there is every chance of further extension considering the alarming spread of Covid-19 in many places in the country. To add fuel to fury, West Bengal, Odisha and Maharashtra are facing unimaginable miseries after the devastation of cyclone. Communication and road traffic are the worst affected and it may take months, particularly in West Bengal, to restore normalcy.
It is absolutely impossible for the retirees to travel from far off and remote villages to the concerned BSNL office and submit the option in the absence of transportation. It will be also difficult for them to submit the option by email or WhatsApp, as internet is not available in many places.
Therefore we request you to kindly consider our suggestion to exempt from submission of Option to those who do not want change from the option submitted last year. In the case of others who want change from the earlier option may be given extension flexibility as per the local conditions.
Also in the case of medical cards revalidation may be limited only in cases where change of beneficiaries. Thus, we feel that unnecessary expenditure could be avoided.
VRS retirees who are yet to receive the PPO are not being issued the BSNL MRS cards. In such cases MRS cards may please be issued quoting the HR number.
Finally, the most burning issue of BSNL pensioners, non payment of medical bills both with voucher and without voucher, for the last two years and onetime payment made to CGHS, continue to be neglected by BSNL management. We have repeatedly explained the sufferings of the hapless pensioners in our discussions and through several letters, but of no avail. Sir, kindly do something to mitigate the miseries of the seniors without further delay.
Awaiting your positive response and favourable action.
K G Jayaraj
Copy to: (1) Shri Arvind Vadnerkar, Director (HR), BSNL, Bharat Sanchar Bhawan, Janpath, New Delhi – 110 001
(2) Shri S.K. Gupta, Director (Finance), BSNL, Bharat Sanchar Bhawan, New Delhi – 110001
Hon’ble Delhi High Court has rejected petition filed against impounding of DA/DR from 01-01-2020 to 31-07-2021 on technical ground, quoting the All India Services (Dearness Allowance) Rule of 1972. But the fact remains that there is no relevance of the 1972 rule after the government order implementing the recommendations of 5th CPC granting full (100%) nuetralisation of rise in price of essential commodities or Consumer Price Index. According to this order issued by Department of Expenditure vide No.50 (1) IC/97 Annexure Part A 2, it was ensured the DA was to be paid twice in an year based on AICPI and the government has no right to deny, reduce or impound the DA/DR .Of late the 7th Pay Commission report to continue with existing formula and methodology was accepted by the government vide Department of Expenditure order No.1-2/2016-IC V. Unfortunately, the petitioners failed to bring this vital point to the notice of the hon’ble High Court and the High Court has stated in its verdict that no other orders other than that of 1972 was brought to its notice.—– AIBDPA
Central Govt has the power to postpone DA and DR hike-Delhi High Court Order
Honourable Delhi High Court in its Judgement, dismissing the plea against freezing DA and DR, observed that the Central Government has the Power to postpone the DA and DR hike.
A plea was filed in Honourable Delhi High Court against the Government Order freezing DA and DR. The Honourable High Court has dismissed this plea as the Court didn’t find any merit in this petition.
Increase in DA / DR are not taken away, its just postponed
Further the Honourable High Court stated that the said Finance Ministry Order has not taken away the increase in DA or DR it is just Postponed,
“With regard to increase of 4% Dearness Allowance or Dearness Relief with effect from 01.01.2020 is concerned, the impugned Office Memorandum does not seek to take it away. All that it does is to postpone its payment till after 01.07.2021. That power, in our view, resides with the Central Government, by virtue of Rule 3 of the All India Services (Dearness Allowance) Rule, 1972, since the Central Government is empowered to take the decision to make payment of Dearness Allowance/Dearness Relief, subject to such conditions as the Central Government may specify from time to time.”
No statutory rule to enhance the Dearness Allowance or Dearness Relief at regular intervals
Delhi High Court referred the All India Services (Dearness Allowance) Rules, 1972 and observed the following.
“These statutory rules have been framed by the Central Government after consultation with the Government of the States concerned in exercise of powers conferred by Sub Section (1) of Section 3 of All India Services Act,1952. Rule 3 of the said Rule is relevant, and which reads as follows:
“3. Regulation of dearness allowance: Every member of the Service and every officer, whose initial pay is fixed in accordance with sub-rule (5) or sub-rule (6A) of rule 4 of the Indian Administrative Service (Pay) Rules, 1954 or sub-rule (5) of rule 4 of the Indian Police Service (Pay) Rules, 1954 or sub-rule (6) of rule 4 of the Indian Forest Service (Pay) Rules, 1968, shall be entitled to draw dearness allowance at such rates, and subject to such conditions, as may be specified by the Central Government, from time to time, in respect of the officers of Central Civil Services, Class I.” (emphasis supplied) From the above Rule, it would be seen that Central Government servants shall be entitled to draw Dearness Allowance “at such rates, and subject to such conditions, as may be specified by the Central Government, from time to time, in respect of officers of the Central Civil Service, Class I”
The above rule shows that the entitlement to draw Dearness Allowance and Dearness Relief is determined by the Central Government. The same may be specified by the Central Government from time to time, subject to whatever conditions the Government may deem fit to impose.
There is no vested right in the Central Govt Employees and Pensioners to receive higher DA and DR on Regular Intervals
The Court finds that there is no vested right in the Central Govt Employees and Pensioners to receive higher DA and DR on Regular Intervals. The High court Stated,
” From the above Rule, it is clear to us that, firstly, there is no statutory rule which obliges the Central Government to continue to enhance the Dearness Allowance or Dearness Relief at regular intervals i.e. to revise the same upwards from time to time. Consequently, there is no vested right in the Central Government Employees, or Central Government Pensioners to receive higher Dearness Allowance or Dearness Relief on regular intervals. Pertinently, by the impugned Office Memorandum, the Central Government has frozen – and not withdrawn, the Dearness Allowance and Dearness Relief being paid to Central Government Employees and Central Government Pensioners at the time of issuance of the said Office Memorandum.”
There is no obligation in law to disburse the increase in DA/DR within a time bound manner
The Delhi High Court observed that there is no obligation in Law upon central Government to disburse the increase in DA and DR within time bound manner. See the following observation,
” So far as the right to receive the increase of Dearness Allowance/ Dearness Relief already declared by the Government with effect from 01.01.2020 is concerned, it falls well within the domain of the Central Government to decide as to when to disburse the said increase. There is no obligation in law upon the Central Government to disburse the increase in Dearness Allowance/ Dearness Relief within a time bound manner. Rule 3 of All India Services (Dearness Allowance) Rules referred to above, itself empowers the Central Government to lay down the conditions subject to which Dearness Allowance may be drawn by officers of Central Government.”
For the aforesaid reasons the Court finds no merit in this petition and the same is, accordingly, dismissed.View
To All PCsDA/PCA (Fy)/CsDA/AN-4 Section (local) (Through CGDA website)
Subject: Retention in Govt Service beyond the age of 50 years or on completion of 30 years of service- Sr.AOs/AOs/AD(OL)/Sr.PS under FR-56(j)
In terms of Para 4, Appendix of DOP&T O.M. No. 25013/1/2013- Estt. (A) dated 21.03.2014 (Read this Order), in order to ensure that the powers vested in the appropriate authority are exercised fairly and impartially and not arbitrarily, following procedure and guidelines have been prescribed for reviewing the cases of government employees covered under the aforesaid rules:
(i) The cases of Govt. Servants covered by FR 56(j) or FR 56 (I) or Rule 48 (1)(b) of CCS (Pension) Rules should be reviewed six months before they attained the age of 50/55 years or complete 30 years’ service/30 years of qualifying service, whichever occurs earlier.
(ii) Committee shall be constituted in each Ministry/Department/Office to which all such cases shall be referred for recommendation as to whether the officer concerned should be retained in service or retired from service in the public interest.
In this connection, please refer to HQrs Office letter No. AN/II/02604/99 dated 13.09.1999 vide which all controllers were requested to review all cases covered under FR 56(j) at least 6 months in advance.
However, it has been observed that some of the controllers are not adhering the time line as stipulated in the aforesaid orders. It is found that review under FR 56(j) in respect of some SAOs/AOs who attaining the age of 50 years between January, 2020 to June, 2020 has not been carried out by the controller’s office.
It is therefore, requested to adhere strictly the time line mentioned in the aforesaid DOP&T orders and review all such cases at the earliest.
Reviewed cases may be forwarded to HQrs office. If already forwarded, the same may be ignored.
Defence Federation conducts Strike Ballot and 82,000 Defence Civilian Employees of 41 Ordnance Factories Will Go For an Indefinite Strike against the Decision of the Government to Convert 219 years old Indian Ordnance Factories into a Corporation / PSU
ALL INDIA DEFENCE EMPLOYEES FEDERATION
INDIAN NATIONAL DEFENCE WORKERS FEDERATION
BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(RECOGNIZED FEDERATIONS OF DEFENCE CIVILIAN EMPLOYEES)
JOINT PRESS RELEASE FOR FAVOUR OF PUBLICATION
82,000 Defence Civilian Employees of 41 Ordnance Factories Will Go For an Indefinite Strike against the Decision of the Government to Convert 219 years old Indian Ordnance Factories into a Corporation / PSU
The Federations oppose the decision of the government to convert Army base workshops in to GOCO model and abolition of vacancies in MES and Army Units !
Strike Ballot to be taken all over the country between 08.06.2020 to 17.06.2020
The 3 Recognised Federations (AIDEF, INDWF & BPMS) of the Trade Unions of the 82,000 Defence Civilian Employees working in the 41 Indian Ordnance Factories have taken a decision to go ahead with the preparations for an indefinite strike against the arbitrary, illegal and unjustified decision taken by the Government to corporatise the most strategic Ordnance Factories. This decision of the Government announced by the Finance Minister during the 4th Tranche of the Rs.20 lakh crore financial relief to meet the COVID-19 economic crisis under “Atmanirbhar Bharat Abiyan” is against the agreement between the recognised Federations and the Ministry of Defence in the past. Former Defence Minister late. George Fernandez, Shri. Pranab Mukherjee, Shri. A.K.Antony and late Manohar Parrikar have given written commitments that the Ordnance Factories would not be corporatised. The present decision of the Government is against all these assurances and agreements.
Apart from the above when the present Government included the subject of Corporatization of Ordnance Factories in its 100 days agenda, the Federations opposed the move of the Government and called for a one month strike which commenced on 20-8-2019. During the 5th day of the strike based on the direction given by the Chief Labour Commissioner (CLC) a settlement was reached with the then Secretary (DP) and present Defence Secretary Dr. Ajay Kumar wherein he has assured that no final decision has been taken by the Government with regard to Corporatization of OFB. Based on his assurance that a High Level Official Committee (HLOC) will be constituted to study the possibility of the OFB achieving Rs. 30,000 crores production target in the present setup, the Strike was deferred.
Since, there was a dispute between the Federations and the Government with regard to the terms of reference the Federations represented to the Honourable Defence Minister during October 2019 to intervene and change the terms of reference of the HLOC. However without considering the pending representation of the Federations, taking advantage of the COVID-19 lock down the Government have arbitrarily made the announcement that OFB will be Corporatised and will be listed in the Share Market
Government Decision to convert Ordnance Factories into Corporation hurts 82000 Employees
The above decision of the Government has hurt the 82,000 employees, since all these employees were engaged in manufacturing of all types of PPE’s required for the Doctors, Nurses and Para medical staff for fighting against the COVID-19 spread. They have taken risk of their life and were working throughout the COVID-19 lockdown. The Government instead of recognising their service to the Country have taken a major decision to convert this War industry as a PSU and thereafter to privatise the same.
This decision of the Government is against the Defence preparedness and National security of our country. Moreover it will overnight change the service conditions of the 82,000 employees and their status as Central Government employees which will be snatched away. In spite of our repeated representation to the Defence Minister and the Defence Production Secretary there is no positive response and hence the Federations are left with no other option than to go for an Indefinite Strike demanding the Government to withdraw its decision to Corporatize the Ordnance Factories. The date of the Commencement of the Indefinite Strike will be decided after the completion of the Strike Ballot which is scheduled between 8-6-2020 to 17-6-2020 throughout the country.
The Federations also are opposing the decision taken by the Government against other Defence Industries like MES, and EME. While 9304 vacancies in MES the Army Base Workshops under EME are being handed over to Private Sector in the name of GOCO Model. The Federations have already opposed the move and we will be separately deciding for serious Trade Union Action programme in these Defence Units also. The Federations also oppose the decision of the Government for allowing 74% FD] in Defence production.
Sub: – Denial of eligible ward entitlement to BSNL pensioners switched over from BSNL MRS to CGHS by Wellness Centre, Vijayawada- intervention sought- reg.
Ref: – Department of Telecommunications Office Memorandum No.4-12(12)2018-PAT-Part (1) dated 1st July, 2019.
The above referred Office Memorandum, prepared with the approval of CGHS authority, in its Annexures, has specifically classified ward entitlement for the indoor treatment according to pay scales of each retired BSNL employee.
But we are constrained to bring to your kind notice that the Wellness Centre, Vijayawada has issued CGHS cards to all the BSNL pensioners switched over from BSNL MRS, with General Ward entitlement, without considering their pay scales. It is needless to say that CGHS card is an important document and any discrepancy in it will put the pensioners to unnecessary difficulties.
The issue was promptly brought to the notice of Additional Director, CGHS, Hyderabad by our Andhra Pradesh Circle Branch, but of no avail.
Therefore your kind intervention is requested in the matter for urgent settlement by issuing new CGHS cards in all cases wherever semi private and private wards are eligible.
A line in reply shall be much appreciated.
K G Jayaraj
Copy to : Dr. Manoj Jain, Additional Deputy Director General, CGHS(HQ), Room No.342A/1, Nirman Bhawan, Maulana Azad Road, New Delhi. (firstname.lastname@example.org)
Com.V.A.N.Namboodiri, Advisor, AIBDPA today contacted Shri P.K.Purwar, CMD BSNL and requested him to reconsider the issue of restoring BSNLMRS to the earlier position without reducing the same. CMD stated that there is no other way but to implement the present order due to the difficult financial position of the company.
Com.VAN placed the difficulties in giving option in a short time due to covid situation as also the different dates stipulated by different circle administrations and requested that the last date of option be fixed as 30th June 2020 uniformly so that all pensioners get the time and convenience to submit the option. CMD agreed to the same.
Some circles have informed about the sending of email to the Secretary DOT and CMD BSNL on the four major issues as directed by the AIBDPA CHQ. Kindly ensure that the emails are sent by those who have not sent so far. The copy of the email to be sent is attached herewith for ready reference:
The Secretary, DOT, Sanchar Bhawan, New Delhi
The CMD BSNL, Bharat Sanchar Bhawan, New Delhi
Honour the ILO decision. Do not increase working hours from 8 to 12 per day.
Immediately disburse salary of BSNL employees for April, 2020.
Immediately pay the wage arrears of contract workers. Do not retrench contract workers through outsourcing of works.
Withdraw the decision to reduce Outdoor Treatment ceiling from 23 days to 15 days’ pay.
Name of Circle / District / Branch _________________________
Comrades, make the programme a full success. Send reports to the CHQ.
Pension Payment Instructions to Pension Disbursing Authorities
Department of Pension and Pensioners Welfare has issued Consolidated Pension Payment Instructions to Pension Disbursing Authorities to ensure smooth payment of pension/family pension to pensioners /family pensioners.
The Consolidated Pension Payment Instructions to Pension Disbursing Authorities provided through DoPPW Order No.No.12/4/2020-P&PW(C)-6300 dated 15th May 2020 is given below.
“On an analysis of the grievances received in this Department, it has been observed that updated and consolidated instructions will help improve the processing of Pensioners requests by banks and others. Hence, an attempt has been made herein, to consolidate relevant instructions issued by Department of Pension & Pensioners’ Welfare from time to time with regard to disbursement of pension and family pension. These Banks are adopting different procedures, while releasing pension/ family pension or seeking declarations/certificates from pensioners / family pensioners at different periodicity. Therefore, the following consolidated guidelines are being issued with an objective to create awareness among CPPCs/ bank branches on updated rules and instructions in this regard-:
(i) Requirement of pensioners to be present in person before paying bank branch for credit of first pension : The pensioner is no longer required to visit bank in person for credit of his first pension. The undertaking with regard to recovery of overpayment from pensioner is forwarded to concerned bank CPPC through CPAO along with the PPO. Bank will not insist for the presence of pensioner in order to activate their pension account. (DoPPW’s OM No. 1/27/2011-P&PW dated 7th may 2014)
(ii) Requirement of family pensioner to submit form 14 : On death of a pensioner, the spouse is not required to submit form 14, if he/she was having a joint account with the pensioner and authorisation for payment of family pension exists in the Pension Payment Order (PPO) in his/her favour. In such cases, spouse will be required to provide only a copy of the death certificate to the pension paying branch in order to commence his/her family pension. Pension disbursing bank will identify the family pensioners based on the information furnished in PPO and its own Know Your Customer procedure without insisting him/her to physically present himself/herself in the paying bank.(DoPPW’s OM No. 1/27/2011-P&PW dated 20th September 2013 )
(iv) Submission of declaration for taking up commercial employment after retirement: This declaration is required from pensioners who have retired from Group ‘A’ services/posts. This declaration is required only in the first year after retirement of a Group A officer. Therefore, this declaration may not be sought from the pensioner after expiry of one year from the date of retirement. If a pensioner declares that he has taken up commercial employment within one year from the date of retirement without obtaining permission of Government, Pension disbursing bank will seek the orders of the Government through the CPAO before making further pension payments. However, if a pensioner declares that he has taken up commercial employment within one year after retirement with the permission of the Government, Pension disbursing bank will continue to pay his /her pension. (Rule 10 of CCS Pension Rule).
Submission of re- employment certificate
(v) Submission of re- employment certificate: A pensioner is required to furnish a re-employment declaration once in a year i.e. in the month of November every year. If a pensioner declares that he is re-employed under the Central or State Government, or a Corporation/ Company/ Body/ Bank under them, the element of dearness relief during the period of re-employment may not be credited by the bank during the period of such re-employment. However, if a pensioner declares about his re-employment and also states that in accordance with the relevant rules/instructions, entire amount of his/her pension has been ignored while fixing his/her pay in the re- employment post, he will continue to be eligible to draw dearness relief along with pension. If a pensioner fails to submit requisite declaration in the month of November, the element of dearness relief on his monthly pension may not be credited by the bank and he may be paid pension excluding the dearness relief. Employment/re-employment of spouse does not affect his/her family pension. Therefore, Dearness Relief will continue to be paid with family pension to the spouse who is employed/re-employed in the aforesaid organizations. ( Rule 55 of CCS Pension Rules, 1972 ),
(vi) Submission of non-earning certificate : A family pensioner, other than spouse. has to submit a declaration of non-earning his/her livelihood every year in the month of November. As per rule 54(6) of CCS (Pension) Rules, 1972, family pension is allowed to a son, daughter, disabled sibling or parents of a deceased pensioner or a deceased Government servant until he/she starts earning his/her livelihood. This declaration is however, not required from the spouse for continuing his/her family pension. (Rule 54(6) of CCS Pension Rules).
(vii) Submission of declaration of marriage : A family pensioner, other than spouse, has to submit a declaration of non-marriage/non re-marriage every six months. The family pension is discontinued if she/he gets married/re-married. If the spouse is a recipient of family pension, no certificate of remarriage is required to be furnished by him/her. At the time of commencement of family pension, an undertaking will be obtained from him/her to the effect that in the event of his/her re¬marriage, he/she will report the fact to the pension disbursing bank promptly. However childless widow of deceased Government servant and disabled child of a pensioner/Government servant will continue to get family pension even if they get married/re-married. (Rule 54(6) of CCS (PENSION) RULES, 1972)
Submission of life certificate
(viii) Submission of life certificate: Life certificate has to be submitted by every pensioner/family pensioners in the month of November every year. Pension Disbursing bank will also accept Aadhar enabled Digital Life Certificate “Jeevan Pramaan”. Old aged pensioners who are 80 years and above can submit life certificate in the month of October also.( D/o Pension & Pensioners Welfare’s OM No. 1/20/2018 P&PW (E) Dated 18.07.2019)
(ix) Submission of disability certificate : If family pension has been sanctioned to a disabled child and the disability is temporary, the guardian of such disabled child shall produce disability certificate once in every 5 years to the effect that he/she continues to suffer from such disorder /disability in order to continue family pension. No fresh certificate of disability would be required in the case of a child with permanent disability. A disabled child will also be required to self-certify every year that he/she has not started earning his/her livelihood (Rule 54(6) of CCS Pension Rule,1972)
Restoration of commuted portion of pension
(x) Restoration of commuted portion of pension: Restoration of commuted portion of pension after 15 years is to be made automatically by bank. Pensioner will not be asked to make application for restoration of commuted portion of pension. In cases where the date of commutation is not readily available in the PPO. the bank will obtain the information from the Accounts Officer who issued the PPO through Central Pension Accounting Office before restoring the commuted portion of pension. The amount of commuted pension will not be deducted from family pension. Rule 10 of CCS (Commutation of Pension) Rules,1981
(xi) Paying additional amount of pension on attaining the age of 80 ears and above: The additional quantum of pension/family pension will be paid on attaining the age 80 years and above. Additional pension is paid from the first day of the month in which a pensioner/family pensioner completes the age of 80 years and above. For example, if a pensioner /family pensioner completes the age of 80 years in the month of August, 2020, he will be paid additional pension/family pension from 1st day of the month of August, 2020. Bank will not insist for any request /application from pensioners /family pensioners in order to pay additional pension to them. The quantum of additional pension/family pension to the pensioners/family pensioners is as follows:-
Age of Pensioner
Additional quantum of pension
From 80 years to less than 85 years
20% of basic pension
From 85 years to less than 90 years
30% of basic pension
From 90 years to less than 95 years
40% of basic pension
From 95 years to less than 100 years
50% of basic pension
100 years or more
100% of basic pension
(D/o Pension & Pensioners Welfare’s OM No. dated 38/37/08 P&PW(A) dated 2nd September & 3rd October 2008)
(xii) Obtaining of Life Certificate from the doorstep of the pensioners:- The Department has issued directions to all the Pension Disbursing Banks to send SMSs/Emails to all their pensioners on 24th October, 1st November, 15th November and 25th November every year reminding them to submit their Annual Life Certificates by 30th November. The Department directed all Pension Disbursing Banks to make an exception list as on 1st December every year of those pensioners who fail to submit their Life Certificate and issue another SMS/Email to them for submitting the Life Certificate. The bank in addition will also ask such pensioners through SMS/Email as to whether they are interested in submission of Life Certificate through a chargeable doorstep service, on a nominal charge not exceeding Rs. 60/-. (D/o Pension &Pensioners Welfare’s Circular No. 12/4/2020-P&PW(C)-6300, dated 17.01.2020).
All banks are advised to comply with the above instructions and to give wide publicity by putting up these instructions on their websites and also on the notice boards of the branches of the bank etc.