78.2% IDA merger for pensioners?

In all the websites of BSNL unions, news about BSNL Board approving 78.2% merger of IDA is being flashed.  

Some how or other all the unions had not brought to light DOT's objection to including pensioners in the strike agreement by BSNL. 
Read the strongly worded DOT's letter to BSNL

DOT Letter No 40-09/2012-Pen(T) Dated 23rd July 2012 to CMD BSNL

Reference is invited to your letter NO BSNL/7-4/SR/2012 dated 13th June, 2012.

2. As per the copy of your agreement, it is noted that you have made an agreement regarding applicability of fitment benefit @ 78.2% w.e.f. 1-1-2007 to the pensioners also.

3. In the above connection, it is stated that the pension to the BSNL absorbees is being paid under Rule 37A of CCS (Pension) Rules, 1972 by the Govt. of India from its consolidated Fund. As such, BSNL has no power to make any commitments regarding pension. It may kindly be noted that for any commitment made by BSNL without Govt. approval, BSNL alone will be held responsible. Accordingly you are advised to withdraw the commitment mentioned in para 2 above.

K S Dahiya,
Under Secretary to Govt. of India.

Our Circle Secretary and AGS NUBSNLW-FNTO, Sri Chandrasekar has sent a befitting rejoinder to DOT which is reproduced below

REJOINDER

                                                                                                                              20/08/2012

Sub:-    Merger of 78.2% IDA with basic pension or pay-strike agreement by the BSNL with unions.

Ref:-    DOT-ND letter No.: 40-09/2012 – Pen(T) dated 23/07/2012  

Apropos to the DOT’s letter cited above the following are submitted.

1)        Even though the BSNL absorbed DOT employees are paid pension under Rule 37-A of CCS (Pension) Rules 1972, their pension / family pension is calculated and determined in accordance with other provisions of the said rule only. Rule 37-A is only an enabling provision to extend the Government pension to the BSNL employees absorbed in BSNL to be paid from the Government fund.

2)        Their pension from 01/01/2007 has been revised for pre-2007 retirees in accordance with the formula as suggested by the BSNL at par with the pay revision of serving employees of BSNL as on 01/01/2007.            This formula itself is inferior to that of Central Government employees, in which case the additional DA drawn an account of merger of 50% DA from 01/04/2004 has also been taken into account for revision of pay as well as pension.            But for revision of pay or pension in BSNL, the above benefit is not given even though the Government has issued orders to merge 78.2% IDA with pre-revised basic pay instead of 68.8%. In all other PSUs only78.2% IDA has been taken into account for revision of pay from 01/01/2007. Now this has been set right by the BSNL in the strike agreement.

3)        While revising the pension of pre-2007 retirees, the DOT should have merged 78.2% IDA with basic pension instead of 68.8% as the agreement entered into with the unions for 68.8% IDA merger will be binding on the serving employees only and not for pensioners. So the DOT, while revising the pension of pre-2007 retirees should have added 78.2% IDA and not 68.8% IDA as per the DPE/Govt. orders. As this has been done as per the suggestions of the BSNL, by the DOT, now the DOT should accept the commitment made by the BSNL in the strike agreement and should not try to avoid responsibility to rectify the mistake already done.

4)        It may also be noted that the percentage of the fitment benefit for revision of pay as well as pension given to the Central Government employees is 40% whereas the same has been fixed as 30% for PSU employees and BSNL absorbed DOT employees. Thus their pension is further eroded by 10%. This itself is discriminatory and this agreement is an opportunity to the DOT to remove the same atleast now. Therefore, the DOT should not shirk its responsibility by asking the BSNL to withdraw the commitment in the agreement with the unions.            We hope that good sense will prevail upon DOT to remove the injustice done to the BSNL employees and pensioners atleast now to avoid further labour unrest in the BSNL.

(D. Chandrasekaran)Asst. General Secretary &Circle Secretary, NUBSNLW (FNTO), TN Circle

Note:            We request that,            The Honorable Minister for communication and IT and the Department of Pension and Pensioner welfare, GOI may also kindly look into this matter in this regard.

Let us hope that DOT will act according to the orders of Government of India and approve 78.2% merger for pensioners also along with the serving employees.