Category Archives: Uncategorized

DOT RELEASES Rs.3,021 CRORE FOR EXGRATIA PAYMENT TO VRS RETIREES.

AIBDPA has been continuously pursuing the issues of VRS retirees, particularly delay in exgratia payment and issuning PPOs. We wrote a letter to Secretary, Department of Telecommunications on 08-06-2020 in which our concern on breach of assurance on payment of exgratia payment was highlighted. The DoT released the fund initially for 31.3% of exgratia payment instead of 50%, as assured. We had in our letter demanded payment of balance of exgratia before 30-06-2020.

But again the government through DoT has released only Rs.3,021 cr which amounts to 22.5% only of the exgratia. That means, 46.2% still to be paid and no assurance on when this wil be paid. This is nothing but betrayal and we strongly protest against this gross injustice meted out to the VRS retirees.

AIBDPA writes to CMD BSNL on Revalidation of Medical Card – extension of date and other issues.

AIBDPA/BSNL RS/2020                                                                                                     23rd June,2020

To,

Shri P.K. Purwar

CMD BSNL,

Bharat Sanchar Bhawan

Janpath, New Delhi – 110 001

Sir,

Sub: –     Revalidation of Medical card – extension of date and other issues – reg.

Ref: –  (1) BSNL CO letter No.BSNL/Admin/2020/Medical dated 04-05-2020

           (2) This Association letter No. AIBDPA/ BSNL MRS dated 13-06-2020

           (3) BSNL CO Letter No BSNL/Admn-1/15/12/ dated 19-06-2020

First of all, we express our sincere gratitude to your goodself for issuing the clarification order mentioned (2) above in response to our letter dated 13-06-2020. This has addressed most of the issues. However, it is really heart breaking that the most burning issue of the Pensioners, Non-payment of medical bills both indoor and outdoor, one-time payment paid to CGHS and the medical allowance, continues to be neglected. A humanely approach is overdue on this vital issue and request you to kindly cause necessary action to allot sufficient funds for the same.

BSNL CO vide letter dated 04-05-2020 (referred 1 above) have extended the date of revalidation of Medical card upto 30-06-2020 or till further orders. But it has created some confusion at the lower level as some of the Circles insisting BSNL retirees to submit it before 30-06-2020 and some other Circles like Kerala and Chennai Telephones extending the date upto 30-09-2020 and 31-08-2020, respectively. Hence, we request your kind intervention so that a Pan India extension order upto 30-09-2020 is issued by the Corporate Office at the earliest as in the case of Option for outdoor medical facilities. This will have the advantage of fulfilling both by one go by the pensioners.

We also wish to bring to your kind notice the following genuine issues for your kind consideration and early favourable action.

Discrimination against Family Pensioners.

As per the existing rules, family pensioners are not eligible to submit option for outdoor medical facilities. The option submitted by his/ her spouse is absolute and final. This is a gross injustice and discrimination meted out to the family pensioners. So, a review is very much required in the changed situation.

In cases where both husband and wife are BSNL retirees, only one is eligible for medical allowance. This rule also is discriminatory as in some cases the couple are separated and in some other cases staying in different places. Therefore, a review on the issue is necessary so that both the couple are granted the medical allowance.

Awaiting your early positive response and

Thanking you,

 Yours sincerely,

K G Jayaraj

General Secretary.

Copy to:  (1) Shri Aravind Vadnerkar, Director ( HR), BSNL.

                 (2) Shri Gupta, Director (Finance), BSNL.

                 (3) Shri Ashutosh Gupta, GM(Admin), BSNL CO.

<<view letter>>

CHQ writes to Secretary, DoT, on PPOs for VRS retired, mentioning pension sanctioned as per BSNL VRS 2019 rules instead of CCS (Pension) Rules 1972.

AIBDPA/ DOT-VRS/2020                                                                                               20th June,2020

To,

Shri Anshu Prakash

Secretary,

Department of Telecommunications

Sanchar Bhawan

New Delhi-110001

Sir, 

Sub: –    PPOs for VRS retired, mentioning pension sanctioned as per BSNL VRS 2019 rules instead of CCS (Pension) Rules 1972— reg.

As per the para 6.2 o the Annexure-1 of the BSNL VRS Order issued on 4.11.2019, the VRS opted employee is entitled to terminal benefits and other benefits as per the existing rules. The existing rules for the BSNL absorbed pensioners are the CCS (Pension) Rules 1972.

But in the case of VRS optees, pension commutation and  DCRG is delayed unlike in  retirement on superannuation . This postponement was done by the decision of  the Cabinet by an executive order.  The CCS (Pension) Rules 1972 are statutory, since they are made under proviso of article 309 and 148 of the Constitution of India. It is a settled law that executive fiat cannot override the statutory provisions as clearly stipulated in the Order dated 28th July 2004 issued by the Hon’ble Allahabad High Court in Vijay Singh And Ors. vs State of Uttar Pradesh And Ors.  Despite this position it is stated in the PPO of the VRS retirees that their pension will be fixed as per VRS rules. This is not correct.

Hence it is necessary that suitable changes have to be made in the CCS(Pension) Rules 1972 as per the powers conferred by article 309 and 148 of the Constitution of India, so that no problem in the matter shall arise in future for the BSNL VRS retirees.

An early action in the matter is requested.

Thanking you, 

Yours sincerely,

K G Jayaraj

General Secretary.

Copy to : (1) Shri P.K.Sinha, Member (Finance), DoT, Sanchar Bhawan, New Delhi- 110 001

                 (2) Shri P.K.Purwar, CMD BSNL, Bharat Sanchar Bhawan, New Delhi – 110 001

 <<view letter>>

BSNLEU CALL FOR DHARNA ON 26-06-2020- AIBDPA EXTENDS SOLIDARITY AND SUPPORT.

BSNLEU has given a call to hold Dharna on 26-06-2020.  The important demands put forward are;

Immediate implmentation of BSNL Revival Package declared by the government .Though VRS was implemented in a time bound maner, no  sincere effors are seen in launching 4G, issuing sovreign bonds and monetisation of BSNL assets.

Timely payment of salary to BSNL employees

Payment of wage arrears to BSNL Contract workers

Resumption of negotiation for pay revision of BSNL Employees

Withdraw the order reducing the ceiling of outdoor treatment from 23 days pay to 15 days pay.

.AIBDPA extends solidarity and calls upon all its units to support the Dharna according to local condition in the wake of alarming spread of Covid-19 and the elders being most vulnerable.

 

 

 

 

 

 

Old Pension Scheme for those who joined Govt Service under NPS during 1.1.2004 to 28.10.2009 after resignation from Pensionable Establishment

It has been decided that those employees who joined Central Government / Central Autonomous body under NPS during 1.1.2004 to 28.10.2009 after submitting technical resignation from Central Govt. / Central Autonomous Body or a State Government / State Autonomous Body and who fulfill the conditions for counting of past service in terms of this Department’s O.M. dated 28.10.2009, may be given an option for induction in old pension scheme.

No. 28/30/2004-P&PW (B)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhavan, Khan Market
New Delhi, Dated the 11th June, 2020

OFFICE MEMORANDUM

Subject: – Mobility of personnel amongst Central /State & Autonomous Bodies while working under Pensionable establishments – regarding.

The undersigned is directed to say that the New Pension Scheme (now called as National Pension System) was introduced vide Department of Economic Affairs’ notification No.5/7/2003-ECB.PR dated 22.12.2003. It was provided that NPS would be mandatory for all new recruits to the Central Government service from 1st of January 2004 except the Armed Forces.

2.In this Department’s O.M. of even number dated 26.7.2005, it was provided that all employees who joined Central Government service or in the service of an autonomous body set up by the Central Government before 1.1.2004 and who were governed by old pension scheme under the Central Civil Service (Pension) Rules, 1972 will continue to be governed by the same pension scheme / rules and will count their past service if they take up new appointment in another Ministry / Department of the Central Government or a Central Autonomous Body covered by the CCS (Pension) Rules on or after 1.1.2004, subject to their satisfying the conditions laid down in Para 4 of DP&AR’s O.M. No.28/10/1984-PU dated 29.8.1984.

3.Subsequently, vide this Department’s O.M. of even number dated 28.10.2009, the benefit of counting of past service under the CCS(Pension) Rules, 1972 was extended to those employees who were initially appointed before 1.1.2004 in (i) Central Government Departments covered under Railway Pension Rules or other similar non-contributing pensionable establishments of Central Government covered by old Pension Scheme /rules other than CCS(Pension) Rules, 1972 OR, (ii) State Government covered under old pension scheme similar to CCS(Pension) Rules, OR (iii) Central / State Autonomous Body covered by the old pension scheme and who resigned to join a Central Government Department / Office or a Central Autonomous Body having pensionable establishment.

Read this Order : Old Pension Scheme to NPS Employees selected during 2003 recruited on or after 1.1.2004

4.Representations have been received in this Department from employees who joined under NPS in Central Government / Central Autonomous Bodies after 1.1.2004 but before 28.10.2009, after technical resignation from a pensionable establishment of a Central Government Department, State Government or Central / State Autonomous Body and who were denied the benefit of counting of past service in the old pension scheme in the Central Government.

5.The matter has been examined in consultation with Department of Personnel and Training and Department of Expenditure. It has been decided that those employees who joined Central Government / Central Autonomous body under NPS during 1.1.2004 to 28.10.2009 after submitting technical resignation from Central Govt. / Central Autonomous Body or a State Government / State Autonomous Body and who fulfill the conditions for counting of past service in terms of this Department’s O.M. dated 28.10.2009, may be given an option for induction in old pension scheme and to get their past service rendered in the Central / State Government or Central / State Autonomous Body counted for the purpose of pensionary benefits on their final retirement from the Central Government / Central Autonomous Body, subject to fulfilment of all other conditions of counting of such past service in terms of DPAR’s O.M. dated 29.8.1984 read with this Department’s O.M. dated 7.2.1986 as amended from time to time.

6.Such option may be exercised within 3 months of issue of this O.M. Such employees who are appointed under NPS during 1.1.2004 to 28.10.2009 and are eligible to exercise option in terms of para 5 above but do not exercise the option within the stipulated period will continue to be covered by the provisions of National Pension System. Those employees who joined during 1.1.2004 to 28.10.2009 and have already been given the benefit of CCS(Pension) Rules in terms of O.M. dated 28.10.2009, will continue to be governed by those rules.

7.Those employees who exercise option for counting of past service in accordance with the above provisions may be allowed to avail the benefit under CCS (Pension) Rules, 1972. The capitalized value of pension and gratuity for the past service in the Central / State Autonomous Body will be deposited by that Body to the Central Government / Central Autonomous Body in accordance with the instructions contained in the O.M. No. 28/10/84- Pension Unit dated 29.8.1984. In case the employee concerned has received the pensionary benefits from the Central Government Departments, State Government, Central / State Autonomous Body, etc., he would be required to deposit the amount of such pensionary benefits (along with interest to be calculated in accordance with this Department’s O.M. No. 38/34/2001-P&PW(F) dated 29-07-2002) with the Central Government Department /Central Autonomous Body in which he has joined, to enable counting of past service. The employee’s share in the accumulated wealth of National Pension System with interest / returns accrued thereon under the NPS, would be deposited in the GPF account of the employee. The employer’s share along with interest / returns accrued thereon under the NPS would be deposited in the account of Central Government / Central Autonomous Body in accordance with modalities provided in para 9 of this OM.

8.In some cases, due to non-availability of benefit of counting of past services under the old pension system during 01.01.2004 to 28.10.2009, the employees of State Government/State Autonomous bodies etc. may have been compelled to take voluntary retirement before joining pensionable Central Government Department/ Central Autonomous bodies after 01.01.2004 but before 28.10.2009. It has been decided that ‘voluntary retirement’ of such employees may be treated as ‘technical resignation’ and the benefit of provisions of para 5 to para 7 above may also be extended to them subject to fulfilment of all other conditions for counting of service.

8.1 The forwarding the application through proper channel for the post they had joined after getting voluntary retirement is a pre- requisite for considering it as technical resignation.

8.2 The provisions of this O.M. is mandatory in all such cases.

9.The modalities of accounting of the NPS accumulation would be as under:

NPS to Old pension Scheme

10.All Ministries / Departments are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached, Subordinate Offices and Autonomous bodies under them.

11.This issues in consultation with of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 25(6)/EV/2017 Dated 06.01.2020 and in consultation with Controller General of Accounts vide their I.D. Note No. 1(7)(2)/2010/c/a/TA/860 dated 18.08.2017.

12.In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.

13.Hindi version will follow.

(Ruchir Mittal)
Deputy Secretary to the Government of India

View the DoPPW Order Copy

AIBDPA URGES CMD,BSNL FOR ALLOTMENT OF FUND TO CLEAR THE PENDING MEDICAL BILLS AND MEDICAL ALLOWANCES.

AIBDPA/ BSNL MRS/2020                                                                                               13th June, 2020

To,

Shri P.K. Purwar

CMD, BSNL

Bharat Sanchar Bhawan,

Janpath, New Delhi – 110 001

Sir,

Sub:  –    Medical Allowance and Medical Reimbursement – Allotment of Funds etc. – 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) This Association letter No, AIBDPA/BSNL MRS/2020 dated 4th June 2020.

We are thankful that BSNL has issued orders dated 10th June 2020 extending the date for submission of option for outdoor medical facilities by the retirees up to 30-06-2020 as assured earlier.

There are certain other major issues which are yet to be settled as given below:

  1. Neither the Medical Allowance since the 2nd quarter of 2018 nor the payment with voucher since April 2019 has been received by the BSNL Pensioners. As you are fully aware, most of the pensioners are having various ailments and are fully depending upon the above payments. These may be paid at the earliest by allotting sufficient funds to the circles.
  2. Regarding the option to be furnished by the pensioners, there is a lot of confusion, including whether every pensioner, old and new, is to submit the option. In our opinion, there need not be any fresh option if the pensioner wants to continue with the option given earlier. In such cases, unless a fresh option is given, it can be taken that the official wants to continue with the earlier option.
  3. Another issue is about the submitting of the option itself. Many of the pensioners are residing in far off villages / places away from the divisional headquarters. During the Covid period, there is much difficulty in getting transport. Many of the pensioners are unable to undertake journey due to various ailments. There should be some arrangements for collecting option from such pensioners.
  4. We had requested for extension of the date up to 30-06-2020 and you have been kind enough to accept the same. But on a second check-up, we find out that in many states, the Lock Down is extended as also restrictions on travel etc. continue. There is no immediate scope of the covid situation ending. Under the circumstances, we request that the last date of option may be extended up to 30th September 2020. The Central government has given such extension up to 30th September for similar issues.

We request you to look in these matters and issue necessary orders early.

Thanking you, 

Yours sincerely,

K G Jayaraj

General Secretary.

Copy to: (1) Shri Arvind Vadnerkar, Director (HR), BSNL.

                 (2) Shri S.K. Gupta, Director (Finance), BSNL.

                 (3) Shri A.M. Gupta, GM (SR), BSNL CO.

<<VIEW LETTER>>