Six Associations and seventh CPC Fitment
(An Appeal to BSNL Post 2017 Pensioners and For the consideration of Pre 2017 Pensioners)
I happened to go thro a letter addressed on 17th April, 2023 by a Committee of 6 Associations, and that caused me to write this appeal. This one is for the consideration of Pre 2017 pensioners and requesting Post 2017 pensioners to understand the following for their benefit. A recap of history with some relevant questions is given below.
It seems to me the Committee is seriously straining to settle the issue on 7th CPC fitment and it is attributing that as reason for permanent solution of future pension revisions also.
There is no ‘Central Commission’ having nomenclature with the wordings either ‘pension’ or ‘pension revision’. It is only ‘Central Pay Commission’ and as per the terms of ref for CG Employees and Pensioners they are getting the recommendations of the same CPC on Govt order. On a particular date as recommended by CPC ( say 7th CPC w.e.f 1-1-2016) CG employees getting their pay revision, CG pensioners on that date getting pension revision on the concept of modified pay parity .
We were all in that category upto 5th CPC. On 1-10-2000 Govt made a break and we were all absorbed in BSNL as per newly created ‘37 A rules’ , amended in the ‘Pension Rules’ specially for this kind of conversion to PSUs. This one was done only after a great battle of employees and fine wisdom of com OP Gupta who led that struggle.
The break from CG employees and becoming BSNL absorbed employees were compensated by agreeing to give Govt pension from the Govt budget allocation with the Govt pension formula. This clause was peculiar to BSNL alone thereafter extended to MTNL by 2014, now offered to Ordinance factory employees.
The role played by com Gupta in getting the relevant interpretation to Sub Rule 8 was commendable. That was only helping us to get 6th and 7th CPC changes pertaining to pension, gratuity, commutation, qualifying service, emoluments. In that formula CPC fitment for fixation of pension is not coming. 37 A is only for fixing pension related issues. If coming under applicability, then date of effect is the same that of CPC ( say 7th CPC w.e.f 1-1-2016) - and if incorporated then date of effect from the PRC ( say 3rd PRC w.e.f 1-1-2017) .
When we got our pay revision again within 4 years after 5 th CPC and fixing ourselves with first PRC scales in oct 2000, there was no question of any parity felt by our employees till the date of 30-9-2000, as we were separated from CG Employees class. I stop the old history here.
Now some relevant questions to understand ‘Pension Revision’ in today’s context .
Is there any recommendations/ Rules for Pension Revision for those absorbed in BSNL?
A grand ‘NO’ is the answer.
Can Pension Revision be considered for Pre 2017 pensioners without taking the implications of Post 2017 Pensioners?
NO. On a particular date( say 1-1-2017) they cannot be delinked as per Nakara 1982 case. There is interconnectivity
Can there be any other date of effect for post 2017 other than 1-1-2017?
No it cannot be. They will also get the same date of effect only ( that is 1-1-2017)
How the post 2017 pensions get their benefit if we demanded 7 th CPC?
No. It is not possible as the 7th CPC fitment and scales are not compatible with the PSU employees. They were in the second PRC scales on that date( 1-1-2017). They can be shifted to 3rd PRC scales only
Whether post 2017 employees pension (based on 2nd PRC) can be modified without changing their pay on 1-1-2017?
No, not possible. If they need to get the 2nd PRC fixed pension changed, they need ‘pay change’ on 1-1-2017 thro 3rd PRC scales.
How can a pay change possible without any pay revision for post 2017 pensioners?
This was the botheration of DOT and DOT accepted the demand of delinking pension revision from Pay Revision as it suits DOT better. The Associations were detailed about the fixation method for Pension revision by PPT on Oct 17th. The issue was zero percent fitment. It seems that DOT has taken 3rd PRC IDA merger points, Executive Scales and obtained NE scales from BSNL and calculated the estimated expenditure.
What is the present proposal of DOT for post 2017?
On 1-1-2017 the benefits will be given and that new pay will travel notionally ( parallel with BSNL 2nd PRC) taking all the relevant increments on its way without any loss and will land on the person retiring on his date of retirement ( any date in post 2017) to fix his Pension. The last pay drawn travelled in BSNL 2nd pRC will become silent on that day, and this notional pay travelled all along will get its light and so Pension fixation on notional pay. For this they need amendment in 37 A.
I hope that I have narrated the issue as per my understanding and I do not say so ‘just because DOT is refusing 7th CPC’, but because of the concern about interconnectivity and inter relatedness of all those absorbed in BSNL through 37 A.
It is upto Post 2017 employees/pensioners to understand the issue with the help of pre 2017 pensioners and bring appropriate changes in their adopted resolutions of their respective (six) associations and I hope all can travel together to get some fair pension revision to the extent possible on improving the track travelled by DOT for both Pre and Post 2017. Best wishes to all.
11 hrs 19-4-2023 - R. Pattabiraman