Facts are three-fourths of the Law DOPPW DESK- D and DOT’s Proposals

 

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 3^rd 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 3^rd PRC. This would ensure that the Pensioners are not placed below the minimum of 3^rd PRC scales.

Further as and when 3^rd 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 3^rd  PRC.

It would be ensured that, no notional pay such derived be less than the minimum of the corresponding 3^rd 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 3^rd 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 3^rd 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 3^rd 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 3^rd 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 3^rd 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 3^rd 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