Facts are
three-fourths of the Law
DOPPW DESK- D
and DOT’s Proposals
In this piece I have given DOPPW DESK- D
Paras signed dated 21-9-2022 relevant to Pension revision and Pension fixation.
In the second Part, I have given the Proposals of DOT thro PPT presented to the
Associations for Pre and Post 2017 and requirement of NE pay scales. In the
third part I have given my sum up of both DOPPW DESK-D and DOT’s Proposals and
need of further enrichment.
Part 1
·
DOPPW No 4/19/2022- P &
PW ( D) DESK- D ( signed dated
21-9-2022)
Para 9 (speaks about the DOT’s
proposals about Pension revision for pre 2017 and determination of Pension
fixation of Post 2017 and linking fitment with BSNL Pay revision)
“DOT
has 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 fitments factor, and placement in the revised
Pay scales of the 3rd PRC. This would ensure that the Pensioners are
not placed below the minimum of 3rd PRC scales.
Further
as and when 3rd PRC is implemented in BSNL/MTNL the same fitment
factor may be extended to all the pensioners
Para 9 For
POST 2017
“DOT
has proposed that 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
pay updations by way of promotions, annual increments etc will be calculated on
notional basis till his retirement for post 2017 retirees.
In
this case PPO shall be prepared not on the basis of last pay drawn, but on the
basis of notional pay so derived.
Hence
the anomaly regarding the past pensioners getting more pension than the freshly
retired pensioners would be addressed
However
this will require amendment/ relaxation of rule 37 ( 15) of CCS Pension Rules
2021, which stipulates that amount of Pension would be 50 % actual emoluments
or average emoluments, whichever is beneficial to employee “
Para 15 (speaks about DOT is the
best Judge to decide fitment and DOPPW has no objection on the proposals of
DOT)
“DOT
being the administrative ministry for BSNL is in the best position to make a
realistic evaluation of all the relevant aspects and to decide the fitment
benefit to be given to the pensioners for revision of their Pension.
In
view of this and also keeping in view the fact that the proposal of DOT is
likely to result in only 5 % additional financial liabilities, DOPPW may not
have any objection to the proposals in Para 9 above.”
Para 16 (speaks about determining
pension for post 2017 and for this consideration of amending rule 37 (15) )
“As
regards the contention of DOT, that their proposal for determining the pension
of those who retired on or after 1-1-2017 based on their notional pay in the
zero % fitment benefit as proposed would be at variance to the provision in
rule 37 (15)- which provides fixation of pension based on actual pay drawn at
the time of retirement, the question of
relaxation of rule 37 (15) may be
considered as and when the need arises for allowing pension fixation on
notional pay”
Part
II
DOT PPT dated
17-10-2022 to the Associations of Pensioners
“How Pension of Pre 1-1-2017 retirees would
be fixed?
Pension
of the Pre 1-1-2017 retirees would be fixed by taking half of the notional pay,
as derived from merging their IDA on 1-1-2017 with LPD and placing it with the
scales of 3rd PRC.
It
would be ensured that, no notional pay such derived be less than the minimum of
the corresponding 3rd PRC scale. It would also be ensured there will
be no loss in notional pay on account of bunching pay”
How the
Pension of Post 2017 retirees fixed?
Pension
of Post 2017 retirees would be fixed by taking half of notional pay, as derived
from merging their Basic Pay as on 1-1-2017 and placing it in the scales of 3rd
PRC and
Subsequent
updation of such notional pay by way of actual increments/ promotional
increments/ stagnation increments if any till one’s retirement. However, it
would require relaxation in rule 37 (15) (a) of CCS Rules 2021.
For Non
Executives
Pension
of Non-Executives would also be required to fix in the similar way of that of
Executives. However for the purpose of placing notional pay in the 3rd
PRC Non- Executive Pay scales would be required to be finalized by PSUs
Part
III
The
speaking facts:
As
per DOPPW DESK D signed dated
a. DOPPW considered the
Proposals of DOT on the basis of 3rd PRC
b. DOPPW is having no objection
over those proposals
c. DOPPW is agreeing that DOT
is the best Judge for deciding fitment
d. For Post 2017, if any
amendment in 37 (15 ) rule is needed that will be considered as and when the
need arises
As
per 17-10-2022 Proposals of DOT
a. Proposal is on the basis of
3rd PRC scales with NIL fitment
b. For Post 2017 , 37 (15)
rule amendment requirement is there
c. Non Executive scales are
needed for their pension revision for pre 2017 or pension fixation for post
2017
The
factors that are troubling and the need to go beyond the position of DOT are:
a. DOT is not contemplating any
Pay revision for Executives and thereby it has its own impact on Non- Executive
Pay revision, as affordability clause issue is there
b. DOT is assuring the same fitment if any done
by BSNL as per 3rd PRC in future and thus linking the fitment factor
with Pay Revision.
c. DOT is in a mood to take and
notify Executive Scales of 3rd
PRC and is in the requirement of Non
Executive scales from BSNL
d. BSNLEU GS com Abhimanyu is
reporting that as per his knowledge no NON Executive scales were sent to DOT by
BSNL.
e. If no NON- Executive scales
are sent and if DOT and BSNL fail to notify Pay scales in the absence of Pay
Revision, then more delay is unavoidable for Pension revision
f. Fighting out NIL fitment is
the biggest issue for both the associations of Pensioners and Unions of
Employees and executives, as these employees and Executives are the future
pensioners
g. Every month delay
causes more loses to both pre and Post
2017 pensioners, as already DOT is in a
mood for notional fixation only that means no arrears since 1-1-2017
11hrs
30-1-2023 - R . Pattabiraman
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