PENSION REVISION – PBCAT JUDGEMENT AND IT’S IMPACTS

. 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.

CENTRAL EXECUTIVE COMMITTEE MEETING CONCLUDED WITH THE DECISION TO CONTINUE THE STRUGGLE FOR PENSION REVISION.

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The two days Central Executive Committee meeting of AIBDPA has been held at the Emerald Multi Purpose Hall, Pune on 19th & 20th November, 2023 .

To start with, Com. V A N Namboodiri, Advisor hoisted the National Flag and Com. K G Jayaraj, General Secretary hoisted the AIBDPA flag.

The open session was presided over by Com M R Das, President. All the leaders were honoured in the traditional Maharashtra custom. Com. K G Jayaraj, General Secretary welcomed one and all and presented the important issues. Prof. Ajit Abhayankar, senior leader of CITU and prominent economist delivered the inaugural address with an educative and brilliant speech. Coms. V A N Namboodiri, Nagesh Kumar Nalawade, CHQ Vice President, BSNLEU, Ganesh Hinge, Circle Secretary, BSNLEU and Yusuf Hussain, AGS, BSNLCCWF addressed the open session. Com. M I Jakati, Circle Secretary Maharashtra proposed vote of thanks.

In the subject session at 3PM resolution paying homage to the martyrs and condolences to those departed during the period was presented by General Secretary. Thereafter the report on activities was read out by Com. K G Jayaraj, General Secretary assisted by CHQ office bearers. Com M G S Kurup presented the accounts for 2022-23 and the interim account for the period from 01-04-2023 to 30-09-2023.

Points for discussion on important issues and on advancement of the organisation overcoming the weaknesses were spelt out by the General Secretary.

A resolution Committee with Coms. S Mohandoss (Convenor), A. Dhupal and Muddaiah was formed. The CEC adjourned .

The session on 20th inst was fully allocated for the discussion by both the Circle Secretaries and CHQ office bearers. 28 comrades participated in the discussion on the report and on important organisational issues. Replying to the discussion Com. K G Jayaraj, General Secretary explained the developments on pension revision after the PBCAT judgment on 20th September, 2023 and its possible implications. The government and the DoT buerocracy under the cover of the case and judgment is certain to prolong the already delayed pension revision. Therefore further struggle is warranted and as the first step, the CEC decided for an extensive campaign from 1st to 10th December, 2023 at all levels all over the country.

The following are the resolutions adopted on other issues.

1. Ensure timely payment of Medical benefits at par with the employees by BSNL as per the order dated 30-08-2022.

2. The Government and the CGHS authorities should initiate urgent action to mitigate the difficulties being faced by the CGHS beneficiaries

3. Immediate settlement of denial of retirement benefits and regular pension to VRS ST retirees of Maharashtra

4.To extend full support and solidarity to the Human Chain by the Joint Forum of BSNL Non-Executives Unions on 28th November 2023 demanding wage revision and immediate launching of 4G/5G by BSNL.

5. Restore the Railway travel concession to the senior citizens stopped in the name of Covid 19 pandemic.

The CEC called upon the Circle/ District branches to make all out efforts for increasing the membership and to enroll at least 20 per cent of the membership as subscribes of Tele Pensioner.

Com. H F Chaudhari, General Secretary, AICGPA HQ Pune greeted the CEC.

The CEC congratulated and thanked the Reception Committee headed by Com.N K Nalawade and M I Jakati for the excellent arrangements made for the successful conduct of the Central Executive Committee.

PUNE ALL SET TO HOST THE CENTRAL EXECUTIVE COMMITTEE MEETING ON 19-20, NOVEMBER, 2023.

Pune - A city profile

Pune comrades under the leadership of Com.Nagesh Nalawade, veteran leader and CHQ vice President, BSNLEU and Com.M I Jakati, Circle Secretary, Maharashtra are making all out efforts to hold the Central Executive Committee meeting on 19th & 20th November, 2023 most successfully. Most of the CHQ office bearers and Circle Secretaries have already intimated their arrival/departure details. Those who are not able to participate may at least intimate the same to Com.M I Jakati at the earliest.Arrnagements have been made to receive the participants at the Railway station and Airport.

The Open Session will start at 10AM and Com.K Hemalatha, President, CITU will inaugurate. Com.M R Das, President will preside. Com.K G Jayaraj, General Secretary will deliver the initial address. Com.Ajit Abhayankar, State General Secretary, CITU, Com.V A N Namboodiri, Advisor, BSNLEU leaders,Com.John Varghese, Deputy General Secretary, Com.Nagesh Nalawade, Vice President and Com.Ganesh Hinge, Circle Secretary, Maharashtra and Com.Yusuf Hussain, AGS, BSNLCCWF will address the open session. The subject session will be held from 2PM on 19th and 20th inst.

COM.N.SANKARAIAH, VETERAN LEADER AND FREEDOM FIGHTER PASSED AWAY.

CHQ is saddened that veteran,rather centurian communist and kisan leader Com.N Sankaraiah(102) has passed away after a brief illness at Chennai on 15-11-2023. Com. Sankaraiah jumped in to the freedom struggle when he was a student in a Madurai college. He had to spent in the prison for eight years during the freedom movement. He was one of the founders of the CPI(M) and has served as its central committee member and also State Secretary of Tamil Nadu from 1995 to 2002. Com.Sankariah was elected to the Tamil Nadu legislature thrice from Madurai West and Madurai East. He was a brilliant organiser and orator and also served as the General Secretary and President of All India Kisan Sabha. Thus the life of Com.N Sankaraiah was fully dedicated to the nation and the people.

AIBDPA pays respectful homage to Com.N Sankaraiah and conveys heartfelt condolences to the bereaved family and comrades.

VETERAN LEADER AND LONG TIME MP, COM.BASUDEB ACHARYA PASSED AWAY.

Veteran communist leader Basudeb Acharia

With profound grief we report the sad demise of Com.Basudeb Acharya (82) on 13th November, 2023 due to age related ailments at Hyderabad. Com.Basudeb Acharya was a Member of Lok Sabha from 1984 to 2014 representing Bankura in West Bengal.He was a leader of the CPI(M) and CITU and was associated with many trade unions.

During his long tenure as an MP, he has taken up many issues of the workers and the people at large in the Parliament. He was sincere,simple , committed and accessible by anybody. Com.Basudeb Acharya had a special bond towards the P&T Trade Union movement, BSNLEU and AIBDPA and helped us to settle many issues through his effective intervention.It was Com.Basudeb Acharya who inaugurated our first triennial All India Conference held at Kannur in 2013. He fought valiantly against the NPS in the Parliament.

AIBDPA pays respectful homages to Com.Basudeb Acharya and conveys heartfelt condolences to the bereaved family and comrades. Red Salute Com.Basudeb Acharya .!

The WFTU on the 106th anniversary of the Great October Socialist Revolution

07 Nov 2023 

The World Federation of Trade Unions (WFTU) honours the 106th anniversary of the Great October Socialist Revolution.

One hundred and six years ago, the world witnessed a seismic shift that forever altered the course of human progress. The October Revolution, led by the courageous and visionary leaders of the working class, brought forth a new dawn for the oppressed and downtrodden. It was a resounding call for equality, an end to exploitation, and the empowerment of the workers. It also laid the foundations for the creation of the world’s first workers’ state.

The principles of the October Revolution, remain relevant to today’s situation all around the world. In this crucial period as the capitalist crises follow one another, those who produce everything are striving every day for survival, while those who are reaping the profits, are hoarding reckless wealth. Over the years, as well as nowadays, the attack on wages and other labor and social rights of workers comes with a great intensification of repression.

The WFTU continues the daily struggle for the emancipation of the working class, we work to build a world where people will be free of exploitation, and where workers will not be forced to wage slavery, barely surviving daily difficulties, while the capitalists sow all the fruits that workers planted. We fight for a world free of imperialist wars and antagonism resulting in chaos, destruction, and death all over the world.

The international class-oriented trade union movement will continue struggling for a world where workers meet their contemporary needs, and where they will have full rights in labor, social justice, education, and health care. This is one of the greatest achievements of the Great October Socialist Revolution: That even 106 years later, there are still millions of militant workers, fighting for the same principles!

MEETING HELD WITH PGM, CBB, BSNL.

**Com. K G Jayaraj, General Secretary had a meeting with Shri. P C Bhatt, PGM, CBB, BSNL Corporate office on 9th November, 2023.General Secretary brought to his notice that medical bills of retirees were being paid at par with the employees every month as per the orders dated 30.08.2022. But in the recent past some change in payment schedule is experienced. For example there had been no payment during the months of September and October 2023.

The PGM replied that the medical payment schedule is being rearranged to once in every three months. Accordingly, all the pending bills will be paid in December, 2023.

STEPPING UP CASE OF SHRI. D C PAUL, RETD DE, BONGAIGAON, ASSAM.

CHQ had taken up the issue and a detailed letter was written to the then PGM(Estt), BSNL Corporate office and General Secretary also discussed in person on 22nd August, 2023.It is reported by Com. D C Paul, who is our District Secretary also that there is no progress on the issue. Therefore General Secretary has met Shri. S P Singh, present PGM(Estt) on 09-11 – 2023 and discussed the issue by giving a copy of the CHQ letter on the same . The PGM assured to do the needful

MEETING WITH CONTROLLER GENERAL OF COMMUNICATION ACCOUNTS.

**Com. K G Jayaraj, General Secretary has met Smt. Anuradha Joshi Durgapal, CGCA, Department of Telecommunications at her office in New Delhi on 8th November, 2023 and discussed the following issues.

1. Non payment of retirement benefits and regular pension to ST VRS retirees of Maharashtra.

At the outset, General Secretary thanked the CGCA for holding a meeting of all the stake holders at Mumbai on 29th September, 2023. He handed over a copy of the letter forwarding the letter of the Joint Forum of Maharashtra. She replied that it was an effective meeting and good and even heated discussion took place. She wanted to know whether such cases are settled in other central government sectors

.General Secretary replied that the real issue is non implementation of orders of DOP&PW, DOT and BSNL Corporate Office by CGMT, Maharashtra and CCA. While agreeing to she stated the issue is not that simple to be settled and would continue the efforts. General Secretary conveyed the decision of the Joint Forum to meet the CGCA by all the General Secretaries of the constituent organisations of the Joint Forum after the Diwali.

.2. Reduction in pension by CCA, Chennai in violation of the CCS(Pension) Rules and ignoring the instructions / clarification issued by DoT – case of Shri. T. Mahaliappan, Retd Senior Telegraph Master, Tamil Nadu.

General Secretary handed over the CHQ letter forwarding the copy of the representation with all the supporting documents on the issue and sought urgent action to settle the issue early.She had a patient hearing and assured necessary action after getting the report from the CCA, Chennai.

3. Remigration of Pensioners to parent circle of already migrated to living circle.

General Secretary brought to the notice of the CGCA that certain cases are reported from Kerala that those drawing pension from Kerala after migration from parent circle are remigrated to the parent circle. This has happened after change over to SAMPANN.CGCA agreed to examine the issue and asked for any specific case. General Secretary assured to furnish the same.

DISMISSAL CASE OF SHRI. J H AGASHE, EX TM, GONDIA, BHANDARA, MAHARASHTRA

Com. K G Jayaraj, General Secretary met Shri. Khagse Garg, Director (Staff), Department of Telecommunications on 8th November, 2023 and discussed the issue.

Shri. J H Agashe was dismissed in 2010 due to his conviction by the Additional Sessions Judge in the case filed by the CBI for the alleged illegal gratification of Rs. 200. However, on appeal, the High Court of Nagpur had set aside the conviction on 06-03-2020. Meanwhile, the official had retired on 30-11-2015.Several representations were sent by the official for cancellation of the dismissal based on the High Court order but of no avail.

The issue was brought to the notice of CHQ in August, 2022 and immediately took up the issue by writing a detailed letter to the Member (Services) and General Secretary discussed the issue in person. Thereafter the issue started moving and in May, 2023 the order setting aside the dismissal and allowing 75% of the substitance allowance for the period from the date of dismissal to the date of superannuation was issued . But the same order was withdrawn on technical ground on the same date.

When enquired with the District Secretary, Bhandara, it was reported that the case is still to be settled and also the sad demise of Shri. J H Agashe on 18th October, 2023

.The Director stated that the order withdrawn initially was subsequently issued afresh and sent to the official through BSNL, Maharashtra and was waiting for his response. As he has expired, the Director advised that his wife may send a representation along with the death certificate for further necessary action