Let
us Understand the Track
Any overdoing is
unpardonable. After getting this feeling, I reported com SSG of Kovai that I
should stop writing anything further on this subject. But another room of my
mind is agitating that it is unfair if some perception is felt and the same is
not communicated to the co-stakeholders.
During the time of
VRS, I was in a great stress to get something verbatim that ‘VRS Pensioners are
also getting Pension as per 37 A only’ must be obtained , as there was no provision in the
conditions given in 37 A for getting pension
in that VRS way. Though some friends and leaders were confident, they
also could not provide me anything in writing specially telling the exact words 37 A. Nothing wrong on their part, they
were convinced by the CMD. But my mind was continuously in stress and efforts
to get something in writing were made. The RTI reply given to me helped finally
to settle my mind in peace. But why for VRS pensioners’ a different account other than the Pension
account is still regurgitating and I have yet to find a reasonable reply from
the DOT or concerned authorities or from anybody.
II
Regarding the
issue of Pension Revision, I have written already many pages- sometimes well
taken and some critically rejected. This one is addition to that and I do not
know how it will be received. But I request you all Kindly go through the following carefully and I hope it may help the
concerned to think over the issue where
we have to negotiate and where not in today’s context without allowing any more
time on other non issues in this track.
All along in this
period, we have in our hand 5 important written docs of DOT which are in a way
revealing the mind of DOT. This does not mean they will not change their
position after hearing some reasonable inputs from the stakeholders. The
available docs are
1.DOT’s letter dated 11th oct 2022
inviting associations for 17th meeting
2. Note sheet approved
before oct 17th Meeting
3. Power point
presented to the Associations on 17th oct meeting
4. Minutes of the
17th Oct Meeting
5. Letter
addressed to Associations on 17th NOV
In these entire
docs except the first one, pension revision proposal is found on IDA merger
without fitment benefit and placing in the corresponding scales. Entire docs
speak only 3rd PRC.
A.
one main argument of the
Association is well taken by the DOT and the same is reflected in the note
sheet
“Pension of
Combined service pensioners is being paid by the Govt and it is not connected
with affordability and profitability of BSNL."
Here their worry is about the anomaly as on pension
revision, these Pre 2017 pensioners will get higher pension than similarly
placed pensioners retiring after 1st Jan 2017. The most important point
mentioned here is ‘similarly placed pensioners’. This we should not miss.
B.
For an another emphatic argument (even
till this date) of the association , the reply of DOT is reflected in the note
sheet
".. the
demand of these IDA pensioners for applying fitment factor of CDA on their
current IDA pay scales is not supported by any logic and does not seem to be
rational. This has also been endorsed by various court judgments filed by these
PSU pensioners/ Associations."
C.
While replying to the observation
of DOPPW, the following proposal is placed by the DOT
“..It is proposed
that in the absence of any benchmark for revision, the benefits of 3rd PRC may
be extended to the Pensioners by merging the basic and IDA/DR as on 1--1-2017
with NIL fitment factor and placement in the revised pay scales of 3rd
PRC."
“This would ensure
that the pensioners are not placed below the minimum of the 3rdPRC scales. Further,
as and when 3rd PRC is implemented in BSNL/MTNL, the same fitment factor may be
extended to all the pensioners"
Here
the DOT statement is partially correct but partly incorrect. In the case of
Executives ( DOT has given illustration for Executive scales only in their PPT)
and BSNL is not going to decide any
fitment and it is beyond its purview . DOT only has to notify the same with Pay
scales. If DOT feels any difficulty in pushing any fitment between 5 to 15 %,
then it should tell its inability instead of throwing the ball to the court of BSNL
which is unfair and to some extent not an act of honesty. The question arises
here is whether DOT is going to notify Pay Revision of Executives with or
without fitment or only pay scales. This is the most important question regarding
the Unions
D. Additional Cost for the above
proposal that DOT calculating is 5 % of the existing cost
"Total
pension outgo of 2021-22 for 3, 57,129 IDA pensioners were 13459 cr...The
financial implications of merger of basic with DA and placement in 3rd PRC
scales, would be roughly around 5 % and more accurate implications can be
calculated once the proposal is accepted in principle"
If even 10 % fitment is considered the additional
cost may go minimum 22 % of the existing
cost that is roughly 3000 cr more and if
5 % fitment then the additional cost may be 1500cr roughly instead of
the present 700 cr of DOT. It is up to DOT to convince the DOE and cabinet for
the fitment benefit once Pension revision is placed for the consideration.
Regarding BSNL’s burden and additional
cost , BSNL should inform the DOT/Unions.
E.
DOT's
proposal on the Observation of DOPPW On the question of Anomaly
" For
removing anomalies vis-a-vis post 1-1-2017 pensioners, the pension of post 2016
pensioners shall be revised on the notional pay derived after merging the basic
with IDA as on 1-1-2017..subsequent updations on notional basis till his
retirement for post 2017 retirees. In this case PPO not on the basis of last
pay drawn, but on the basis of notional pay so derived..This will require
amendment of rule 44 of CCS PR of 2021 which stipulates amount of pension at 50
% of emoluments or average emoluments whichever is more beneficial to
employee"
This
point need to be clarified and Associations should discuss this matter with
DOT/DOPPW to understand what are the implications of preparing the PPO in notional Pay and how this post 2017
pensioners PPO preparation varies from the Pre 2017 PPOs. Unions should also
understand this issue as their present members is going to get PPO on notional
pay as per this proposal. This matter needs serious attention. Whether this
amendment leads to any repercussion to post 2027 is also a matter to be thought over
.
In addition to
Rule 44 another preliminary requirement from DOPPW
is relaxation of Rule 37 (15) (a) of 2021 regarding emoluments based on the pay
drawn in the public sector as per IDA pattern. What is this relaxation instead
of 'Pay drawn in the public sector’ to 'notional
pay fixed but not drawn' or in some other form that need to be discussed and sorted out. This is
the task not only of Associations but of Recognized Unions also. This if read
between lines may go no need of any Pay Revision for settling the issue of post
2017 retirees.
But
our experience in the case of 78.2 notional fixations is different. If so why
these amendments/ relaxation? It is bounden duty of DOT to enlighten the
stakeholders to understand these issues and the implications - impacts
correctly.
DOT letter dated 11th oct, 2022 inviting associations
for the 17th meeting placed the agenda as
" To discuss
the issues regarding request of Pension of BSNL/MTNL absorbed employees as per
3rd PRC w.e.f 1-1-2017"
DOT's letter to
the Heads of Associations dated 17th Nov
2022 clarified the following
" As far as
PENSION Revision of BSNL/MTNL pensioners on combined service, on the basis of
7th CPC is concerned, it is clarified that the recommendations of 7th CPC are
applicable only to CGE who are getting pay/pension on CDA patteren."
" On
delinking pension revision from pay revision in BSNL/MTNL it is clarified that
at present the proposal is to revise the pension by merging basic plus IDA as
on 1-1-2017 without any fitment factor for pensioners as well as future
retirees who are working at present. However, as and when pay revision as per
3rd PRC takes place in BSNL/MTNL the
same fitment factor which is extended to serving employees will be given to
pensioners"
"..BSNL/MTNL
have been requested to provide the pay scales of Non- Executives, if decision
has been taken, so that total financial implications can be computed before
sending the proposal to DOE"
From the above
paras one can understand that DOT is reiterating the approved note sheet
positions only not budging an inch regarding the question of fitment and
indirectly not allowing BSNL to have any Pay Revision settlement with fitment
factor but allowing BSNL to have a limited settlement with the Unions on Pay
scales only. Unless DOT notifies some fitment for
Executives while considering the issue of Pensioners with some fitment, then
this issue would not be solved amicably.
The Unions should
be conscious whether the wage committee is going to recommend with the consent
of Unions any pay revision on the proposal of DOT like merger of IDA on
1-1-2017 without fitment or with some fitment to all its serving employees
since Jan 2017 or mere pay scales only as required by DOT for pension revision
of Pre 2017 and post 2017. I request the Unions to be vigil on this aspect and
do some break through by recommending only pay revision to all its employees
whether absorbed or DR employees. This can be
possible only when DOT issues PO for Executive Pay revision. It seems that DOT
is intended to notify only the DPE scales in the case of Executives and
expecting BSNL to notify NE pay scales only. That is my concern.
It seems that DOT
is not willing to approach the Cabinet for the relaxation of BSNL for the Pay
revision of Executives but only willing to give solace when they become
pensioners after 1-1-2017 that also by notional pay in PPO.
I am repeatedly telling that the big task is
on the shoulders of the recognized Unions to bring the break through. They may
help the pensioners by accepting only pay scales in the wage committee, what
many call as delinking, but only at the cost of postponing pay revision (the
question of eligibility is there).
I request both the
Associations and Unions to consider discussing the issues of amendments/
relaxations proposed by DOT for the approval of DOPPW
Let us hope the
best without making anybody victim on these issues. My best wishes to all who
are all breaking their heads for some amicable settlement.
12.30 hrs
11-12-2022 - R.Pattabiraman
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