26^th Pension Adalat at Chennai

26^th Pension Adalat of Tamilnadu was held at Chennai on 7/11/2016 after a gap of 8 months under the chairmanship of new CCA Dr R.Niranjana.  Joint CCA Shri Vinod Kumar welcomed all.  On behalf of pensioners Com DG welcomed all.  Representatives from some banks like SBI, IOB, Canarabank and representatives from BSNL Tamilnadu Circle, Chennai Telephones, STR, STP and representatives from O/o GM, PA&F attended.  It was held between 1415 & 1745 (3hrs & 30mts).

49 individuals have represented their grievances (nearly 15 about change of address).  Out of 49, twentyfour grievances were settled; 15 are pending due to wants of information; 4 are pending with Banks & 6 are closed. 

On behalf of 11 pensioners’ associations (out of which 7 are from AIBSNLPWA – TN Circle, Chennai Telephones, Madurai, Tirunelveli, Coimbatore, Thanjavur & STR SSAs) 122 cases were given.  The other 4 associations were AIBDPA TN circle, and its Vellore SSA unit, Trichy & Erode Associations.  From these Associations, Trichy, Erode &Vellore were not present.  From our Association, our GS, Vice president DG, CHQ treasurer, TN circle president, Circle Secretary, Chennai Telephones President, Secretary, Treasurer & others, representatives from Cuddalore, Puducherry, Thanjavur, Madurai, Tirunelveli, Virudhunagar SSAs attended the pension adalat.

Many issues were settled and some of the issues still remain unsettled.  Some of the following common issues were discussed.

1.      Grant of 3% increment on promotion instead of one increment in the lower grade – Since clarificatory orders are received, the cases would be settled provided SSA units forward the sanction and Service Book of the concerned official.

2.      Reckoning officiating pay for pension – The official side informed that It was denied on the basis of some order issued by Corporate office and clarification is sought and the clarification is still awaited.  We raised the following points a) As per statutory rule, officiating pay is to be reckoned for pension, b) The corporate office withdrew that order at a later date, c) Whether CCA office is guided by Corporate office order or DoT order/statutory rule.  CCA informed that we can have a separate discussion on this issue.

3.      Reckoning Extra increment for pension – The official side informed that they have sought clarification from DoT on the subject and it is still awaited.  CCA wanted our HQrs to pursue at DoT level to get necessary clarification from Establishment wing of DoT.  We informed that hundreds of cases were settled in Tamilnadu and only few cases remain unsettled.  DoT issued orders on 27/7/2009 stating “competent authority has approved the counting one extra increment granted to Gr.III staff of BSNL …. Towards pension & pensionary benefits as a special case as this issue had been a part of wage settlement”.  This order was neither withdrawn nor modified by DoT.  Further as per DoT orders, OTBP/BCR is allowed for restructured cadres.  CCA informed that we can have a separate discussion on this issue.

4.      Grant of full pension for those who retired prior to 1/1/2006 having less than 33 years of qualifying service – The official side informed that nearly 650 cases of CDA pensioners were settled.  On a querry from us, the official side informed that it covers both minimum pension and others who  got pension above the minimum of revised pay + GP but proportionate pension (i.e. those who were covered as per para 4.1 & para 4.2).  The official side informed that they have not issued revised authority for BSNL IDA pensioners.  They informed that there is no grade pay in BSNL and

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hence they are not in a position to apply 6/4/2016 order of DoP&PW for them and they have sought the clarification from DoT.  We told that the table, the official side was referring to, was an annexure attached to 28/1/2013 DoP & PW order.  That order speaks about only the minimum pension.  Para 5 of that order mentions about para 4.1 & 4.2 (of OM dated 1/9/2008) and pro-rata pension for those having less than 33 years of service.  This particular para was deleted by DoP & PW order dated 6/4/2016.  Then the official side raised a basic doubt that whether 6/4/2016 order of DoP & PW covers BSNL IDA pensioners also.  We raised a question whether BSNL IDA pensioners who retired after 1/1/2006 having less than 33 years of qualifying service were given full pension or not?  The official side informed that they were not also given.  We challenged it and informed that full pension was given to them since the concept of 33 years of qualifying service for full pension was dispensed with and the CCS (Pension) rules was amended accordingly.  We told that DoT & BSNL Corporate office endorsed that order of DoP & PW.  We quoted para 7(a) of DoP & PW OM dated 1/9/2008 which stated “Govt. servants on permanent absorption in PSU continue to draw pension separately from the Govt, the pension of such absorbees will be updated in terms of these orders”.   Further, we quoted DoT’s clarificatory order dated 3/6/2016 which stated “Therefore, all pre-2006 pensioners, except those mentioned at point (ii) below are eligible for revision of pension in terms of OM dt.6.4.2016”.  We also told that the existence of an order from the Ministry of Human Resources.  After hearing our arguments patiently, CCA informed that he is willing to discuss this issue separately with an open mind irrespective of the clarification sought.  He wanted a letter from us quoting the orders which we mentioned during the course of argument.  We have agreed for the same.