PENSION REVISION CASE

Dear Comrades,
All those retired from BSNL are worried on this issue. Many are desperate. Central Govt pensioners including DoT employees who did not opt for BSNL got pension revision from 1-1-2016. We are still waiting. They are covered by CCS Pension Rules 1972. We are also covered by same Rule.

Despite several letters and several rounds of discussion, the High officers in Dept of Telecom are not prepared to listen to our grievances. It is not a new thing. In the past also, on several occasions, we have seen it. But, the political leadership (the Minister) used to intervene and take decisions and give directions to the officers accordingly. Unfortunately, the present Minister for Communications Shri. Ravi Shankar Prasad is negative on this issue. We met him twice with the help of Shri. Pralhad Joshi, the minister for Parliamentary Affairs. First he assured that he would take care of it. Then, he became totally negative. He told our delegation that he is a ‘tough minister’ but he was carried away by the briefings of officers and told pension revision follows pay revision. He told our delegation that in this regard I am with my officers. This was told even on the floor of parliament. 

PAY REVISION WHEN? 

Pay is not paid on time to BSNL staff. Medical Bills are not settled for several months both to employees and retired employees. 4G is not where nearby. Not to talk of pay revision. 

How the Pay Revision takes place in PSUs? 

For Executives: through PRC Report. PRC Report has come. But that is not implemented in BSNL on the plea of heavy loss.   

For the non Executives:   through negotiation and bilateral agreement. Negotiation is not at all on the agenda of BSNL 

Instead of Pay Revision, the pay is delayed even beyond a month. The government has introduced a “Revival Plan” for BSNL and MTNL. No revival has taken place but about 80,000 workers are thrown out from BSNL under VRS. Attractive assurances were given to the VRS optees. That was not honoured as told in the scheme. Honourable Minister is silent. Those who remain in service of BSNL are overloaded with work, with irregular payment of salary. If another VRS is offered some more may quit. Then, the Govt. may come out with a proposal to privatize BSNL, as indicated by Mr. Anantkumar Hegde MP, through his notorious speech on 10th August. He is not the authority. But his speech is an indication. Given the policies of Govt, there is no hope of BSNL turning around as a profit earning CPSU in near future.

THEN WHAT CAN BE A WAY OUT? 

Our CWC debated upon this matter several times. We took a conscious unanimous decision to demand pension revision with 7th CPC formula as we were assured pension calculation on the same method applied to other central government pensioners.
We made all attempts. We met officers again and again. We met officers in Pension Department also. We met the Minister. In spite of all these efforts the issue remains unsettled. We are lagging behind by more than four years now.

Kanyakumari CWC had directed CHQ to seek legal remedy at the appropriate time. Secretariat met at Bangalore in January 2020 and took a majority decision to file a case in Bengaluru CAT taking various aspects into consideration. Two members of Secretariat had dissenting views. Hence we moved bit slowly. Other efforts continued. Many suggestions were given by some of our leaders.

We consulted other organizations in CBMPA. All of them agreed to approach the Court of Law with a single petition. All agreed to demand Pension Revision with VII CPC fitment factor. After some initial discussion with lawyer, we had more clarity on filing separate petition for BSNL and MTNL but with identical prayer. We consulted each other up to a particular point of time. Later, some of the constituents of CBMPA held discussion with the lawyer separately and also tried to rope in another organisation. It is understood that they have already finalised the petition but they have are not willing to share it with us. We came to know through our AGS that their prayer may not be specific for 7th CPC fitment factor. Even if their formal prayer is for pension revision under CCS Pension Rules 1972, we understand that during arguments they may agree for 15% fitment formula as suggested by Third PRC for pay revision of Executives in PSUs. Some other organizations (not in CBMPA) have been demanding pension revision with PRC formula, though there is no such formula. We do feel that such a demand shall be detrimental to the interest of BSNL retirees. The woes will haunt us every time a pension revision takes place in central services in future.  

WE WANT A PERMANENT SOLUTION Our consistent demand has been pension revision with CPC fitment factor. CPC fitment factor will be a permanent solution if we succeed legally. 

Two Supreme Court lawyers opined that there is merit in our demand for pension revision with CPC fitment factor. A wrong prayer before court will damage the scope of Pension revision in BSNL, not only now but permanently. 

Same Lawyer cannot file and argue two cases with different prayers. Therefore, we have decided to file a case, through another lawyer in Delhi, seeking order for Pension Revision with 7th CPC fitment factor. 
The position that prevailed in January 2020 is not there in Bengaluru CAT. Moreover some experienced, legally knowledgeable leaders of our organization suggested to file the case before Principal Bench, CAT, New Delhi. We took it in the right spirit. There is no further scope for discussion with the Government in the present scenario prevailing in the country. We have to do something immediately. 

We explored all possibilities. We waited a long. Legal fight is not easy, we know. It is time consuming, it is expensive also. But there is no alternative, when bureaucracy is negative, when the minister is negative, when there is no possibility for pay revision for some years. 

We have supplied all documents to the new lawyer in Delhi. Preparation of petition is underway and as soon as the court resumes normal working we will file the case. 

P Gangadhara Rao, GS