Monday, November 18, 2019

Need of an Amendment to 37 A of CCS PR 1972


Need of an Amendment to 37 A
Friends and Officers!
My intention is not to trouble anyone or confuse things. It is your wisdom to accept or reject the invitation of VRS 2019 given by BSNL. My attempts like all other leaders are only to make things clear beyond any ambiguity regarding the terms of the scheme. It is up to you to take my views or reject it. Sorry to bother you all. My humble request is do not by-pass things casually.
In BSNL all those absorbed thro 37A are becoming pensioners as per 37A ‘exit’ only. That is entry to BSNL and exit from BSNL to get DOT pension thro 37 A only. The VRS 2019 accepts your entry of 37A  (no other go for it because it was an accomplished fact) ..The question is whether it concedes your exit as per the scheme thro 37 A. It speaks your exit by giving you one ‘effective date of retirement’ which is a new concept. The explicit answer by the authority concerned is the need of the day.
Is there any difference between ‘date of retirement’ and ‘effective date of retirement’? Here I am not playing with words. Judicial pronouncements are taking both differently. Date of retirement is possible on occasions like your date of superannuation, your willing date of retiring voluntarily. Here in this scheme ‘BSNL VRS 2019’,  ‘ willing date’ of retirement by the optee is not allowed. They say the ‘effective date of retirement’  as 31-1-2020

An amendment to the Sub Rule 26 (new 2012) by adding ‘if any approved revival plan i then also safeguard measures’  is the need of the hour to avoid any future confusion.
The relevant paras speaking SR 26 and SR 27 are given below.
(26) In case the Government disinvests its equity in any public sector undertaking to the extent of fifty-one per cent or more, it shall specify adequate safeguards for protecting the interest of the absorbed employees of such Public Sector Undertaking.
(27) The safeguards specified under sub-rule (26) shall include option for voluntary retirement or continued service in the undertaking or voluntary retirement benefits on terms applicable to Government employees or employees of the Public Sector Undertaking as per option of the employees and assured payment of earned pensionary benefits with relaxation in period of qualifying service, as may be decided by the Government."
What we need is an amendment to SR 26 by adding the approval of any revival and restructuring plan.
If Para 26 is amended and be read like the following term, then VRS 2019 would become its part.
26. In case the Government disinvests its equity in any public sector undertaking to the extent of fifty-one per cent or more, or if any approval for revival and restructuring  plan of Public sector undertaking , it shall specify adequate safeguards for protecting the interest of the absorbed employees of such Public Sector Undertaking.
In the field units the optees are asking about future benefits like wage revision and pension revision.
One should carefully read the para 8 viii, 8 ix of BSNL VRS 2019 which are Speaking full and final settlement. This needs clarification.
The   last pension revision   done by  DOT ( 15-3-2011 ) defined clauses  about eligibility of pension revision. Those paras need to be understood properly.  The relevant paras are given below.
DOT OM dt 15-3-2011
Sub: Revision of Pension of Pre 2007 pensioners/ Family Pensioners of BSNL
1. The employees of erstwhile DOT who were absorbed in BSNL w.e.f 1-10-2000 in accordance with Rule 37 A of CCS PR 1972 and have since retired are being paid pension by the Govt in accordance with Sub Rule 21 ( new  Sr 22) of the said rule.
para  3.1
These orders shall apply to all pensioners/ FP who were drawing/ entitled to draw pension/ FP on 1-1-2007 under the provisions of SR 21 of rule 37 A of CCS PR 1972 based upon the combined services rendered in Govt and in BSNL
Para  3.2 a
Pre 2007 BSNL pensioner / FP means a pensioner/ FP who after retirement from BSNL during the period 1-10-2000 to 31-12-2006 was drawing/ entitled to draw pension based upon his combined service and in Govt and in BSNL in accordance with Sr 21 of 37A CCS PR 1972, as on 31-12-2006

3.2.b
Existing pension means the basic pension inclusive of commuted portion, if any, as on 31-12-2006, covered under SR 21of 37 A
As per these clauses we should get clarification from the authority concerned that the VRS optees are  entitled  get their pension from 1-2-2020 in accordance with SR 21 (new 22) of 37 A.
So to avoid any confusion, it is better if we get an amendment that ‘any approved revival’ is also a part of safeguarding measure as per SR 26

19-11-19   11 Am

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