To all Central Office bearers, Circle Secretaries and District Secretaries:
Dear Comrades,
We have to embark upon a serious legal battle to settle two important issues.
1) Our pension is being revised with 78.2% IDR instead of 68.8%. It is notional from 01-01-2007 to 09-06-2013. Actual payment is from 10-06-2013 only at par with serving staff. BSNL may restrict the payment due to financial constraints. But financial constraints cannot be a reason for the Govt to deny the benefit to the pensioners from 01-01-2007.Process of revision is almost at the final stage. Now a legal battle is inevitable to get the benefit from 01-01-2007.
2) All central government staff retired since 01-01-2006 get pension @ 50% of the last pay drawn or 50% of last 10 months average pay whichever is beneficial to them. But for those who retired before 01-01-2006 pension is @ 50% of 10 months average emoluments only. there was no option for last pay drawn.Post 2006 retirees get full pension on completion of qualifying service of 10 years., where as pre 2006 retirees got full pension (50% of pay) only on rensering 33 years of qualifying service.
In 2011 Sub rule 49 of CCS ( Pension) Rule, 1972 was amended removing the provision of pro-rata pension with effect from 01-01-2006. In some circles,full pension nwas granted based on the above modification to the BSNL employees retired during the year 2006. There were clear instructions in this regard from Directorate . Strange enough a recent clarification from DOT says that BSNL employees are not eligible for the above benefit. There is a threat of recovery of huge amounts from the people who retired in the year 2006 and got benefit. Now parity in pension is ensured to all pre 2016 central pensioners vide the latest order from the Department Of Pension dtd 12-05-2017 endorsed by DOT on 19-05-2017. Even this is not extended to BSNL retirees.
We are also getting pension under the same rule of 1972.Hence denial of benefits to BSNL retirees based on amended rule is illegal. We have to secure an order to get pension @ 50% of last pay drawn to all BSNL staff on completion of a qualifying service of 10 years, irrespective of the date of their retirement . Here also a legal battle is the only resort.
On 10-06-2017 myself, alongwith Com.D.Gopalakrishnan, Com.A.Sugumaran and Com.Sampath Kumar discussed the above two cases with an advocate in Chennai. He confidently told that both are fit cases to be filed. The cost of each case in the CAT is around One Lakh plus other expenses.
On 15-06-2017, CWC members available in Chennai discussed the matter length and breadth very seriously .Comrades G.Natarajan, D.Gopalakrishnan, K.Muthiyalu,T.S.Vittoban,V.Ramarao ,M.Govindarajan and other senior comrades participated in the discussion. we feel there there is no alternative but to approach the court of Law seeking justice.Even if we win in the CAT, we will be forced to continue the legal battle in High Court and in Supreme Court. Normally the Government may not issue general order granting the relief to all affected Pensioners. We have to submit the affidavit to ensure justice to all. For that the advocate suggested that we should attach list of our members throughout thecountry with all details. It is a herculean task. it is possible only with your full support and total involvement . It should be done in a short period of one or two months.A format is being given below. You may take Xerox copies of it as required.
Please form TEAMS of active comrades in each district unit to collect the data of members. The following particulars are required.
1. NAME OF PENSIONER :-
2. PPO NUMBER :-
3. OFFICE RETIRED FROM :-
4. DATE OF ENTRY IN SERVICE :-
5. DATE OF RETIREMENT :-
The data should be prepared as two lists for the two cases as;
(1) List of those who retired between 01-10-2000 and 01-01-2006.
(2) List of those who retired between 01-01-2006 and 10-06-2013.
With Fraternal greetings,
G.Natarajan,
GS.
16-06-2017
Dear Comrades,
We have to embark upon a serious legal battle to settle two important issues.
1) Our pension is being revised with 78.2% IDR instead of 68.8%. It is notional from 01-01-2007 to 09-06-2013. Actual payment is from 10-06-2013 only at par with serving staff. BSNL may restrict the payment due to financial constraints. But financial constraints cannot be a reason for the Govt to deny the benefit to the pensioners from 01-01-2007.Process of revision is almost at the final stage. Now a legal battle is inevitable to get the benefit from 01-01-2007.
2) All central government staff retired since 01-01-2006 get pension @ 50% of the last pay drawn or 50% of last 10 months average pay whichever is beneficial to them. But for those who retired before 01-01-2006 pension is @ 50% of 10 months average emoluments only. there was no option for last pay drawn.Post 2006 retirees get full pension on completion of qualifying service of 10 years., where as pre 2006 retirees got full pension (50% of pay) only on rensering 33 years of qualifying service.
In 2011 Sub rule 49 of CCS ( Pension) Rule, 1972 was amended removing the provision of pro-rata pension with effect from 01-01-2006. In some circles,full pension nwas granted based on the above modification to the BSNL employees retired during the year 2006. There were clear instructions in this regard from Directorate . Strange enough a recent clarification from DOT says that BSNL employees are not eligible for the above benefit. There is a threat of recovery of huge amounts from the people who retired in the year 2006 and got benefit. Now parity in pension is ensured to all pre 2016 central pensioners vide the latest order from the Department Of Pension dtd 12-05-2017 endorsed by DOT on 19-05-2017. Even this is not extended to BSNL retirees.
We are also getting pension under the same rule of 1972.Hence denial of benefits to BSNL retirees based on amended rule is illegal. We have to secure an order to get pension @ 50% of last pay drawn to all BSNL staff on completion of a qualifying service of 10 years, irrespective of the date of their retirement . Here also a legal battle is the only resort.
On 10-06-2017 myself, alongwith Com.D.Gopalakrishnan, Com.A.Sugumaran and Com.Sampath Kumar discussed the above two cases with an advocate in Chennai. He confidently told that both are fit cases to be filed. The cost of each case in the CAT is around One Lakh plus other expenses.
On 15-06-2017, CWC members available in Chennai discussed the matter length and breadth very seriously .Comrades G.Natarajan, D.Gopalakrishnan, K.Muthiyalu,T.S.Vittoban,V.Ramarao ,M.Govindarajan and other senior comrades participated in the discussion. we feel there there is no alternative but to approach the court of Law seeking justice.Even if we win in the CAT, we will be forced to continue the legal battle in High Court and in Supreme Court. Normally the Government may not issue general order granting the relief to all affected Pensioners. We have to submit the affidavit to ensure justice to all. For that the advocate suggested that we should attach list of our members throughout thecountry with all details. It is a herculean task. it is possible only with your full support and total involvement . It should be done in a short period of one or two months.A format is being given below. You may take Xerox copies of it as required.
Please form TEAMS of active comrades in each district unit to collect the data of members. The following particulars are required.
1. NAME OF PENSIONER :-
2. PPO NUMBER :-
3. OFFICE RETIRED FROM :-
4. DATE OF ENTRY IN SERVICE :-
5. DATE OF RETIREMENT :-
The data should be prepared as two lists for the two cases as;
(1) List of those who retired between 01-10-2000 and 01-01-2006.
(2) List of those who retired between 01-01-2006 and 10-06-2013.
With Fraternal greetings,
G.Natarajan,
GS.
16-06-2017