Anomaly in pension of the absorbed BSNL employees, who retired within 10 months of the effective date of absorption
Contempt Case
Urgent
No.38-1 6/2014-Pen(T)
Govemment of India
Ministry of Communications
Depaitment of Telecommunications
516, Sanchar Bhawan
20, Ashoka Road
New Delhi – 110001.
Dated the 7th Oct., 2021.
To
I. All CCAs, DoT
2. Director of Postal Accounts (As per list attached)
Subject: Implementation of the order dated 16.12.2016 of the Hon’ble CAT (PB), New Delhi in OA No.2173/2014 in the matter of All India BSNL Pensioners’ Welfare Association & Ors. Vs. UOI & Ors.
It is intimated that All Ind ia BSN L Pensioners’ Welfare Association (AIBSNLPWA) raised the issue of anomaly in pension of the absorbed BSNL employees, who retired within 10 months of the effective date of absorption i.e. 01.10.2000. Pension of these absorbed employees of BSNL was to be calculated on the basis of average emoluments of their last 10 months before retirement – some period of which (prior to 01.10.2000) fell under CDA and the remaining period fell under IDA. Pay Scales in CDA was less than that of in IDA Pay Scales. The Dearness Relief in such cases was to be allowed on IDA rates, which is less than DR rates under CDA. Thus, these absorbees got pension based on average emoluments which included an element of CDA whereas the DR on pension is allowed on the basis of IDA resulting in an anomalous situation where these pensioners got less pension.
2. It has been decided with the approval of the competent authority to implement the order dated 1 6.12.2016 of the Hon’ble CAT (PB), New Delhi in OA No .2173/2014 in the matter of AIBSNLPWA & Ors. Vs. UOI &Ors, on dismissal of WP(C) No.1 0019/20 17 of DOT by the Hon’ble Delhi High Court, vide judgment dated 24.01.2020, thereby removing anomaly in pension of the absorbed BSNL employees retired within the period of I 0 months from 01.10.2000. Their pension is to be re-fixed from the date of their retirement by adopting the formula as contained in the DOP&PW’s OM dated 18.l 0.1999 by giving them notional benefit of IDA pay for the period their pay was taken in CDA pay for the purpose of calculating average emoluments and, thereafter, grant all consequential benefits. Two illustrations (methodology adopted) are given in the Annexure-1 of this letter for removing anomaly in pension of the ex-BSNL absorbed employees retired within the period of 10 months from 01.10.2000. Accordingly, revised pensionary benefits may be extended suo moto to all affected pensioners. However, in case of death of pensioner, payment may be made suo moto based on nomination as per Arrears of Pension(Nomination) Rules, 1983. In the absence of nomination, the arrears may be paid to legal heirs of the deceased pensioners who apply for the same.
3. All concerned offices/CCAs are requested to take further action in the matter for removing the anomaly in pension of the ex-BSNL absorbed employees retired within the period of 10 months from 01.10.2000 as per the illustrations given in the Annexure-1 of this letter and, thereafter, grant all consequential benefits.
Sd/-
(R K Tondar)
Director (Estt-1)
Tel.No.:011-2303 6484
Copy for information to
(1) CMD, BSNL
(2) DDG(Accounts), DoT
(3) PS to Secretary, M(F)/M(S)/Addl.Secretary/all DDGs
Annexure-I to letter No. No.38-16/2014-Pen(T) dated 07/10/2021
Illustrations for removing anomaly in pension of the ex-BSNL absorbed employees retired during the period from 01.10.2000 and 30.06.2001
Illustration (A) date of retirement – 30.1 1.2000 CDA pay scale of Rs.5000-150-8000 last pay drawn -Rs.6050, with date of increment in January and CDA DR – 41%
Calculation of Average Emoluments/pension in CDA pay scale (initially paid on retirement)
1.2.2000 to 30.11.2000- 6050 X 10 = 60500
10 months total = 60500
Average Emoluments = 6050
Pension = 3025
Pension + CDA DR = 3025 + 1240 = 4265
Calculation of Average Emoluments/pension partly in CDA and partly in IDA pay scales on absorption in BSNL
Corresponding IDA pay scale of Rs.7100-200-10100, last pay drawn fixed as 8500 on point to point basis and IDA DR 28%
1.2.2000 to 30.9.2000-6050 X 8 = 48400
1.10.2000 to 30.11.2000-8500 X 2 = 17000
10 months total = 65400
Average Emoluments = 6540
Pension = 3270
Pension + IDA DR = 3270 + 916= 4186
Methodology adopted for calculation of Average Emoluments /pension by allowing notional benefit of IDA pay scale for the number of months for which he drew pay in CDA pay scale.
1.2.2000 to 30.11.2000-8500 X 10 = 85000
10 months total = 85000
Average Emoluments =8500
Pension = 4250
Pension + IDA DR =4250 +1190= 5440
Illustration (B) date of retirement – 31.10.2000 CDA pay scale of Rs.5500-175-9000 , last pay drawn-7250, with date of increment in March and CDA DR – 41%
Calculation of Average Emoluments/pension in CDA pay scale (initially paid on retirement)
01.1.2000 to 29.2.2000 – 7075 X 2 = 14150
1 .3.2000 to 31. l0.2000 -7250 X 8 = 58000
I0 months total = 72150 Average Emoluments = 7215 Pension = 3608
Pension + CDA DR = 3608 + 1479 = 5087
Calculation of Average Emoluments/pension partly in CDA and partly in IDA pay scales
IDA pay scale of Rs.7800-225-1 1 175, last pay drawn fixed as 10050 on point to point basis and IDA DR 28%
1.1.2000 to 29.2.2000 -7075 X 2 = 14150
1.3.2000 to 30.9.2000 – 7250 X 7 = 50750
1.10.2000 to 31.10.2000 – 10050 X 1 = 10050
10 months total = 74950
Average Emoluments =7495
Pension = 3748
50% of the minimum of the IDA pay scale = 3900
Pension + IDA DR =3900 + 1092 = 4992
Methodology adopted for calculation of Average Emoluments/pension by allowing notional benefit of IDA pay scale for the number of months for which he drew pay in CDS pay scale.
1.1.2000 to 29.2.2000 – 9825X 2 = 19650
1.3.2000 to 31.10.2000-10050 X 8 =80400
10 months total = 100050
Average Emoluments = 10005
Pension = 5003
Pension + IDA DR =5003 + 1401= 6404
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Annexure-II to letter No. No.38-16/2014-Pen(T) dated 07/10/2021
Names of the applicants of OA No.21 73/2014
( I ) Shri Ved Prakash Gupta, Ex-Sr.SSO, CTO, Rio 17-F, Pocket-4 , Mayur Vihar (Phase I),New Delhi-91
(2) Shri R. Raghunathan, Ex-Chief Telegraph Master, CTO, Rio 40, First Main Rd., Purushothaman Nagar, Chromepet, Chennai
(3) Shri G.R. Dharmarajan , Ex-Chief Telephoe Operator No. 3, Rio Sekkjjar Street Extn., Bibikulam , Madurai-625002
(4) Shri M.S. Muthukrishnan , Ex-SOE Chennai Telephones No. I, Rio 26th Cross Street, Besant Nagar, Chennai.
(5) Shri T.K. Sundaramoorthy, Ex-DE, RTTC, Rio 4, Shanti Nagar, 6t11 Street, Adambakkm , Chennai.
(6) Shri Nabin Chandra Nayak, Ex-Sr.AO, Orissa, Rio N-11253, IRC Village, CRP Square, Bhubaneshwar (Orissa)- 7510 1 5
(7) Shri RoshanLal Kapoor, Ex-ADO, DOT HQ, New Delhi, Rio Flat No. I , Upper Ground Floor, Tower PS, Prateek Grand City, Sidharth Vihar, NH-24, Ghaziabad , U.P. 201009.
(8) Shri A.S. Ramchanraiah , Ex-CSS, Kamataka , Rio 509, 651 Cross, 5th Block, Rajaji Nagar, Bangalore-560010
(9) Shri V. Ramachandaran , Ex-SOE, Calicut, Kerala Circle, Rio Thiruthi House, Kumaranpadi , P.O. Niramaru thur, Malappuram , Kerala.
(10) Shri U.S.N. Murthy, Ex-CSS, Andhra Pradesh, Rio G-2, Srinidhi Residency, Saptagiri Colony, Kukutpalli , Hyderabad-500072
(11) Shri Vijay Kumar Rustogi, Ex-Sr.TM(T), CTD, New Delhi , Rio B-184, Surya Nagar, Ghaziabad, U.P.
(12) All India BSNL Pensioners Welfare Association Through Shri Chhidu Singh, Deputy General Secretary, Central Headquarters , RZ-60/5, Gali No. 9, Tughlakabad Extn., New Delhi-1 10019
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