EPF Pension Case : A relief on Social Security Aspect

EPF Pension Case : A relief on Social Security Aspect

Hon’ble Supreme Court of India has delivered the verdict on EPF Pension case after hearing the applicants and the review petitions filed by EPFO & GOI challenging the Hon HC verdicts from Kerala, Rajasthan, Delhi etc. As already aware team AIGETOA is closely involved in EPFO Full Pension Case for entire BSNL Recruited Employees, who are willing to opt the scheme. AIGETOA Kerala Team had already won the case of EPF Full Pension Scheme against EPFO in Hon’ble High Court of Kerala on 25th Feb, 2019 in WP(C) No 39855/2017, 41071/17 & 3001/18 in line with WP(C) 13120/2015 judgement and other cases won by different applicants in the Hon’ble HC, Kerala. The order of Full Pension Scheme pronounced by the Hon’ble HC Kerala was challenged by EPFO through Special Leave Petition (Civil) in the Hon’ble SC vide Diary No 9610/2019. This SLP of the EPFO was dismissed by the Hon’ble Supreme Court on 01.04.2019. After dismissal of the SLP, the EPFO moved Review Petitions in the Hon’ble Supreme Court, which was pending before the Hon’ble Apex Court. Due to the collective efforts of various applicants and their counsels spread across the country the cases were heard in detail which supported EPF members rights and the judgment is delivered.

Now by utilising the powers exercised in Article-142 of the constitution, Hon Supreme Court has extended the cut off date for allowing the existing members of EPS scheme for the eligibility for Full pension. It is learnt that with this judgment, the Cut off date imposed in EPFO amendment in 2014 is not acceptable and the member can opt for the pension scheme without such cut-off date. The members of EPS scheme who were eligible right through 11(3) option who desire to get the full pension will have the continued right to do so by exercising the option as mentioned in 11(4). The time to exercise option extended for a further period of Four months. Hon’ble SC also observed that the additional contribution (1.16%) as envisaged in 2014 scheme, on the salary exceeding the limit (Rs 15000/- now) to be ultra vires (this portion suspended for six months to enable EPFO to make adjustments/provisions by EPFO). At the same time the basis of calculation for pensionable salary (60 months average) is not altered.

AIGETOA has always been in forefront of pursuing for the cause of executives. It was AIGETOA which made BSNL realize their mistakes and pursued for correction in the system. AIGETOA and it’s team fought for streamlining the system and forced BSNL to not to recover penalties from employees. All may recall that with continued persuasion from AIGETOA during 2016-2017 , BSNL Corporate office had issued letter vide Letter no NO: 500-85/CA II/BSNL/EPF/2013/Vol VI Dated 30.03.2017 for collection of options from the employee who desired to opt for full pension . Further since the matter was placed before Hon Court , the same was pending. AIGETOA team filed a separate case to get the relief as the case by NCOA was for exempted which had their own trust like NTPC etc. which had potential to rejected also and would have jeopardized the case of BSNL employees which was a non exempted organization where accounts are being maintained by EPFO directly. Our Team won the case at High Court Kerala.

Now AIGETOA will once again reach out to respected CMD BSNL, Dir (HR) and concerned section, to re-start the proceedings afresh and take necessary measures for final submission of all joint forms to respective EPFOs in order to give the relief to all BSNL recruits who desire to get the social security through the enhanced pension in line with the verdict of Hon’ble Apex Court today. Further all employees falling under EPF scheme are advised to ascertain from respective BSNL offices that their date of joining in the service remains updated in the EPF ledger as due to transfers of account from one place to another, discrepancies may occur.

Team AIGETOA Shimoga TD, Karnataka met Shri Manish Sinha Ji Member (Finance) on 1st Nov 2022 at Shimoga during his field visit to Sagar Block Saturation

A detailed discussion on the matter of E2-E3 was held with the Hon’ble Member (Finance). Team AIGETOA at Karnataka Circle has submitted various inputs and justifications with respect to the proposal of E2 scales for JTO/JAO/Equivalent and E3 scales for SDE/AO/Equivalent to Member (Finance) and seeks his help to settle the long matter, which is to be approved by the DOT.

Member (Finance) has listened to the AIGETOA viewpoint very carefully & assured the AIGETOA team to help in the resolution of the matter.

The Team AIGETOA was led by Shri Kunal Kumar, ACS Karnataka who is also a member of the AIGETOA Pay Scale committee.

Click here for Memorandum Submitted

Click here for Glimpses of Meeting

IDA Freezing Case at Hon’ble High Court, Guwahati

The case filed on revoking the freezing of IDA of dated 01.10.2020, 01.01.2021 and 01.04.2021 vide DPE Order dated 19.11.2020 at Hon’ble High Court, Guwahati will come up for hearing today. AIGETOA is intervener in the case filed by NCOA at Hon’ble High Court Guwahati. Although DPE has submitted that the increase has been subsumed in the increased IDA Rate of 170.5% w.e.f 01.07.2021 from the previous freezed rate of 150.9% standing on 01.07.2020. The association is pressing that the lost IDA of the intervening period is a permanent loss and hence the DPE order dated 19.11.2020 should be revoked to revise the IDA of slated period as the situation has improved considerably after Covid and Hon’ble High Court Ernakulam has also directed BSNL to extend the benefits of Dearness Allowance Revision to the Non Executives of BSNL.

The case at Guwahati is listed for today.

Team AIGETOA Meeting with senior officers in DoT on 21.10.2022 and PS to MOC:

Team AIGETOA comprising of Shri Badri Kumar Mehta, Shri Vivek Kumar Singh and Shri Wasi Ahmad met senior officers in DoT i.e. Dr Mahesh Shukla Member Services, Shri S K Verma JS Admin, Smt. Roshni Madam DDG Estab, Shri Raiti Madava Rao Director PSU and held discussion in continuity of our earlier submission on E2-E3 Scale and discussed about the status of our representation on E2-E3 scale, which is to be approved by the DoT.

Click here for the letter

We taken up the matter of our representation with supporting documents on standard scale E2-E3, which was submitted on 23rd Sep’2022. It was apprised to us that the representation given by us has been processed as per request of the association to re-examine the case for approval of E2-E3 scale meant for JTO/JAO and SDE/AO Equivalent grades in BSNL. It is important to note that with the consistent and aggressive follow up meeting of AIGETOA on the matter of E2-E3 Scale in DoT has resulted in reopening of the case. The case has been reopened after a gap of almost 4-5 years by the DoT and it is going to be vital in coming days towards the permanent settlement of E2-E3 case for BSNL Executives. The file related to standard Pay Scale is currently with establishment Section in the DoT.

In the meeting with Member Services and JS Admin, we appraised the merit of the case once again and replied the queries raised to us. Both the senior officers have assured to examine the issue positively and see the best possibilities in the matter. Earlier we met the Director PSU and DDG Estab also on the matter and spoken in detail on the issue. Here onwards a regular follow up meeting will be held in the DoT towards every movement on the subject matter till final approval of E2-E3 scale is not accorded by the DoT to BSNL.

Later the Team AIGETOA met with DDG Estab and enquired about the SDE RR concurrence by the DoT as assured to us in last visit. She told that the file is with the section and it is being examined and very soon, the necessary consent will be sent to the BSNL after approval from the competent authority in the DoT.

We are highly thankful to the Member Services, JS Admin and Director PSU for accepting our request to reopen the case, an important step towards approval of E2-E3 Scale for JTO/JAO and SDE/AO in BSNL. Team AIGETOA extended Deepawali Greetings to all senior officers.

Click here for snaps

Earlier, Team AIGETOA also met to PS to the Hon’ble MOC, Shri Ashwini Vaishnaw ji for seeking meeting with the Hon’ble Minister in continuity of our previous meeting held on 29.07.2022. He was kind enough to discuss the matter and assured to appraise the request to the Hon’ble Minister and meeting will be schedule soon at his convenience.

Pay Loss 22820/- Case at PCAT New Delhi by AIGETOA OBs:

Today the Pay Loss case of 22820/- filed by AIGETOA OBs was listed at serial number 79 for hearing in Court No-2 at PCAT New Delhi.

Our Counsel mentioned the case in the morning itself for the argument before the Hon’ble Judge. The Hon’ble Judge asked the reason for urgent hearing on the matter. The Counsel explained in detail about the pay loss matter lingering since long time causing immense loss and also apprised the Court about the MA in the matter by applicant in the month of Oct 21, which has not been taken up for arguments so far due to no regular hearing on the matter. After listening the arguments of our counsel, the Hon’ble judge didn’t agreed to listen today but agreed for granting the short date of 27th Oct 2022 for the hearing, which was agreed by the BSNL Counsel also. So, we expect that argument on merit may start on next date on pay loss matter.

E2-E3 Matter at the DoT:

Team AIGETOA is in regular follow up at DoT and one another letter was sought to move on the matter and same was submitted by the association in DoT. Team AIGETOA will be meeting officials of the DoT by tomorrow in the follow up for reopening the matter pertains to approval of E2-E3 Scale by the DoT.

Hearing in the E2-E3 Case at Chandigarh is also scheduled in next week.

We are regularly following up the standard pay scale and pay loss case simultaneously at department as well as legal fronts and expect some breakthrough in both the matters.

Updates of AIGETOA Meeting held with Director (HR) on 30.09.2022 and subsequent meetings in DoT and BSNL at various levels upto 07.10.2022

As per the AIGETOA Meeting held with Director (HR) on 30.09.2022 and subsequent meetings in DoT and BSNL at various levels upto 07.10.2022, following is the current status of the issues:

AGM Promotion:

The AGM Promotion has been withheld due to stay by the Kolkata CAT granted on 13.09.2022. Although the earlier stay by the Jabalpur bench on 29.08.2022 has been vacated but the new stay by Kolkata is not allowing the promotion to happen. Some direction for clearing only list-8 was obtained by few executives from Kolkata bench but this is not accepted by the management citing the previous order and reservation issue. Meeting upto CMD level happened along with Dir HR/CLO but the deadlock is continuing. The efforts are continuing to break the deadlock of promotion.

Seniority Issue:

Association has taken a firm stand to revise the SDE Seniority List 9-13 in line with the direction of the Kolkata CAT dated 13.09.2022 as per DoPT OM dated 13.08.2021. Detailed arguments happened in this regard on 30.09.2022 and subsequently also but still some adamancy is being shown by the management. The direction of the Hon’ble court is clear and association pursuance is continuing in this direction. Further, association has firmly intimated the management that MT will not be allowed and association will take all necessary steps to check it.

AO to CAO Promotion:

The matter has been discussed with the Dir HR and requested to initiate the process as 1st Jan is reaching close. Dir HR has agreed with it and direction in this regard has been given to start the preparatory exercise for AO to CAO Promotion.

SDE RR Notification and left out JTO Promotion:

The matter has been taken up by the association as well as by Dir HR with Secretary DoT and it is expected that DoT will send its clearance by this week and then SDE RR will be notified. Once the RR is notified, all efforts will be taken to release the promotion of left out 2K8 JTOs within a fortnight.

E2-E3 Scale:

The case has been taken up with Member Services and other officers and multiple meetings has been held in this regard to reopen the case at DoT. All requisite letter and documentations have been shared to the DoT and some ray of hope has been generated. Although CMD BSNL is not enthusiastic on the issue but we are using the route of the DoT for the settlement of the case. Further details can’t be shared in view of premature stage.

Pay Loss issue of 22820:

One meeting with GS, FS and AGS2 has been held with PGM Establishment in this regard on 07.10.2022 as per direction of the Dir HR. The meeting lasted for one and half hours and various important points have been deliberated with arguments/counter arguments. In the meeting some acceptance for the loss has been echoed by the PGM Estab but it is not in totality and delay factor has also been raised. It has been agreed that the association will further raise the points formally with the committee formed for the purpose. The details will be updated to the Director HR also.

MS RR Draft:

It has intimated that initial discussion has been done within the management and association may be called in 3rd week of October to initiate the discussion before framing the draft of the MS RR. This includes fast track mechanism in AGM/DGM grades.

Restructuring in view of BBNL:

Association has taken up the matter with the Dir HR/PGM Restg and it has been told that care will be taken to incorporate the points raised by the association for the review of restructuring. Some submission has already been made in the meeting which was acknowledged by Dir HR also.

SDE Reversal Issue:

Meeting of the association will be arranged with new committee formed for the purpose. In the deliberation it was told by the management to settle the case by keeping these SDEs in 2006-07 which was out rightly rejected by the association and firmly told to not change the position from 2005-06 at any cost.

GTI/DRF Implementation:

A direction has been given by the CMD/Dir HR to the PGM Estab to work out the provision to extend the insurance coverage (about 20 Lakh) to BSNL Employees by the department by paying through GSLIS Scheme. Estab Cell is working on this issue.

Hard Tenure and Soft Tenure:

Uttarakhand demand for conversion of Hard Tenure and Karnataka soft tenure has been accepted by the Dir HR and Pers Cell has been asked to work out the modalities to place the proposal in management committee.

Hard Tenure Circle Exemption for long stay:

The matter has been discussed and in principle it has been agreed that executive of hard tenure stations should be protected through some mechanism to save from the longest transfer or benefits should be extended. Pers Cell has been asked to work over it.

GATE JTO Transfer from hard tenure Circle:

It has been discussed and idea has been accepted by Dir HR but it will be further deliberated within the management before decision.

Allotment of Quarter to the association at Delhi:

The policy for quarter allotment has been withheld on account of ongoing election of the non executive, which is going to over by 14th Oct’2022. Hence it will be released after 14th and thereafter the allotment will be made.

Sabbatical Leave:

Management has agreed to start giving the Sabbatical Leave to its employees as demanded by the association and policy in this regard will be framed and notified soon.

IMPS and Online Attendance System:

The matter has been raised by the association strictly citing various issues and limitation in the field units and this will become a tool for harassment. It was reverted to us that it’s a new practice and sufficient time will be given to get acquaintance with IPMS system. All necessary supports will be provided in the field in coming six months to equip the officers to work smoothly and no vindictive action will be allowed. As far as the online attendance limitations are raised, they will be looked into and addressed.

Retention Cases of OBs:

The retention cases taken by the association for OBs transferred during JTO to SDE Promotion has been accepted and issued comprising of Punjab, Rajasthan, ALTTC and Telangana.

Annual General Meeting (AGM) on 24 Sept – 25 Sept 2022 at New Delhi

The Annual General Meeting of AIGETOA conducted in a grand manner at Hotel Grand Shobha, New Delhi from 24.09.2022 to 25.09.2022. Around 125 delegates from different parts of India participated in the Annual General Meeting (AGM).

The day one was inaugurated by All India President Sh Veerbhadra Rao & GS Sh Wasi Ahmad by lighting the Lamp, hosting of AIGETOA flag followed by opening Prayer “Itni Shakti ham-e-dena data”.

The Meeting was presided over by the All India Chairman Sh Ravi Shil Verma, All India President CHQ Sh Veerbhadra Rao and all mandatory provisions of the association for the financial year 2021-22 were taken up for discussion and approval of the House. After detailed discussion, Annual Working Report, and Financial Report of the financial year 2021-22 of the association was passed by the house unanimously.

Details will be uploaded soon.

Click here for the glimpses of AGM

Team AIGETOA Meeting with PGM Estt and GM Admin on 22.09.2022:

Team AIGETOA comprising of Shri Wasi Ahmad GS, Shri Vivek Kumar Singh AG, and Shri Badri Kumar Mehta FS held detailed meeting with PGM Estt regarding changing of committee member in the pay loss 22820/- committee and requested for holding the formal meeting with AIGETOA on the pay loss issues. It was apprised that the committee was formed in the July 2021 but only single internal meeting of the committee has been held so far. Further, the committee has not given an opportunity to the recognized Association AIGETOA to represent the matter on the pay loss issue to the committee so far. Since Chairman of the committee, Shri R.K. Goyal has got transferred to NTR as CGM hence we requested PGM Estt to incorporate current GM Pers in the pay loss committee. PGM Estt listened patiently and assured to revert back after speaking to Dir HR.

The creation of another SAB account for the left out 260 officers has been discussed in detailed. PGM Estt said the details from the LIC has come to BSNL and same shall be reverted back soon and the new account for the SAB shall become operational soon and the remaining officers shall be able to check the SAB amount in their LIC portal and SAB account shall be visible on pay slip.

Team AIGETOA comprising of Shri Wasi Ahmad GS, Shri Vivek Kumar Singh AGs, and Shri Badri Kumar Mehta FS held detailed meeting GM Admin to expedite the start of DRF (Death Relief Fund Scheme)/ GTI by the BSNL Management. The above matter was earlier raised strongly in front of CMD BSNL and full BSNL Board and informed management about the recent demises of BSNL Recruited employees and endless suffering of such families in absence. We apprised how they are totally collapsed with meager support of Rs 3500 to Rs 4500 a month by including both SAB Fund and EPS Scheme. It is happening basically due delayed start of the SAB Pension Fund by BSNL w.e.f. 2016 with very less percentage or just 3%, which is now raised to only 5%. The delayed start with less percentage has accumulated insufficient fund in the SAB Pension maintained by LIC and any eventuality coming as a serious financial blow to the families. It was agreed by CMD BSNL that a mechanism will be in placed to support the families in case of demise of the employee through DRF/GTI of suitable amount. We reminded GM Admin to expedite issue and start dialogue with the association to in place the mechanism at the earliest.

GM Admin listen our view patiently and shows concern on the matter and suffering of the families due to no DRF scheme and assured to take concurrence with Dir HR/CMD BSNL to expedite it further.