Rule 37 A is all about Pension and nothing to do with pension Revision…

 Rule 37 A is all about Pension and nothing to do with pension Revision…

BSNL absorbed pensioners in lakhs are eagerly waiting for their pension Revision. Their last revision was done in 2007, and now 17 years have gone. One can understand their expectations, as their counterparts in CG were given pension revision in 2016 Itself as per 7 th CPC and they are all waiting for the notification of 8 th CPC. But the Govt is silent on that.

The hopes of the BSNL absorbed pensioners were enhanced on obtaining a PB CAT Delhi judgement , directing the concerned authorities of GOI to do pension revision analogous to CPC of that date. So expectations were gone high and hopes were also raised that 7 th CPC implementation as per PBCAT is not only possible but should be implemented in all its sense.

This September 2024 is the first anniversary of that PBCAT judgement , and now both the contempt at PBCAT and quashing the same at Delhi HC by DOT is going on as per the usual court practices. No one knows when they may attain its final and no one can also predict or assure that no further pursuing of that case at Supreme Court level.

Both legal law ministry and DOE of MoF felt that is a fit case to go for an appeal by DOT. DOT cannot do alone anything on this , as the other ministries , specially DOE is linked.

DOE is having the firm opinion “it is submitted that pension being derivative of pay needs to be revised in line with the applicable last pay drawn of the existing pay scales. Making any deviation in the existing criteria of pension fixation may have grave repercussions. In this regard , the view taken by the administrative ministry challenging the order of 20-9-2023 of PBCAT appears to be appropriate. Dot is requested to defend the interests of UOI on behalf of the secretary expenditure..”

No one can minimise or set aside the opinion of DOE which carries serious weight in all policy matters that bring additional expenditures, and against the law of the land on that date. So the sole responsibility is on the shoulders of DOT to defend the existing policy of GOI as on the date.

One can infer that Pension is the derivative of pay and pay scales of that particular date is the law of the land as on date . So For any pension revision we need the corresponding new pay scales, that is the whole idea in operation as on today.

37 A is created after our grand 3 days strike by lakhs of DOT workers of Sep 2000 led by com O P Gupta , and his wisdom made it possible to bring an finer amendment in 1972 CCS pension Rules for assuring pension from GOI as per the GOVt formula of that date for combined service. More than a lakh employees on Sep 2000 were below 10 years service and this combined service wisdom of com O PGupta only made them eligible for GOVt pension from the Govt , even though they not even put 10 years Govt service. Even a day service or a month service in DOT made them eligible to get Govt formula pension from the Govt. This is something a revolutionary achievement on the part of telecom workers who fought on those 3 days in the streets and got what they meant. Salute to com Gupta.

At the behest of the strike and settlement, the 37 A rules were framed for all those who are all getting absorbed from GoVt departments to PSUs enmasse. The rules are for fixing pension as per Govt formula ( pension fixation, gratuity, qualifying service, commutation like ) . Some exemptive clauses are given in that for bsnl absorbed employees . So we are getting pension from the Govt kitty not from any accumulated pension fund kitty. Again think the wisdom of OPG.

The prime question is all about PAY. Who is that determining one’s pay ? In the case of CG employees, the CPC is determining their pay and so pension accordingly. In order to avoid anomaly, the pension of erstwhile pensioners are also revised as per CPC. If Any Pay revision as per CPC, then pension revision is the practice in vogue. If one gets pension revision as per CPC, then he or she needs the pay scales as per that. If we want that then the existing 37 A will not help us, we need amendment.

In the case of PSUs the pay and the pay scales are as per DPE guidelines and the applicable formula is extended to the Joint wage settlement in the case of NOn Executives. As per 37 A if any new pay and pay scales, accordingly pension is fixed. In order to avoid anomaly, the erstwhile absorbed pensioners would also get revision of their pension extending the same pay revision yardsticks . This was practised in 2007.

Now CG employees are expecting their 8 th CPC. They have to get their pay revised in some mechanism. As on date the mechanism is CPC. If no change in pay scales, there is no question of pension revision in the case of CG CDA pensioners.

So the question is about Pay for pay revision and for pension revision. The unions in the BSNL are struggling against all oddities of DPE guidelines to get their pay revision. Govt should give exemption to them for the same, as it is given to some industries. Some of the unions welcome the PBCAT also, as they are not against any pension revision in the absence of pay revision, also most of the leaders are pensioners there.

Now the associations gone to court are struggling their best to fulfil their demand of applicability of 7 th CPC in pension revision issue also, having CAT judgement in their favour. It is a long drawn struggle going on for the last few years. It is like holding the tail of a tiger, which is difficult to leave and also difficult to hold continuously.

Lawyers are thriving on at the cost of pensioners as well as GOI. Most of the leaders are giving the hope that their demand is possible within the existing rules. CAT is also telling the same . Let it not be a false hope. Best wishes..

10 AM 5-9-2024 - R . Pattabiraman