New Update (27/3/2014)

 

1. the case of second spell listed 31-3-2014, order serviced to cmd office on dated 18-3-2014, the MA will be filed after 31-3-2014 ( second spell IDA pension to be paid by govt after commencement of notification dated 3-3-2014), thereafter the rejoinder will be filed.

2. the case of DP listed on 1-5-2014 and rejoinder will be filed in april

3. the case of gpf enrollment listed on 2-7-2014

4. the case of modify parity will be informed later

5. the formalities for option for combined pension is in process.

6. PRPA is working in the interest of pro-rata optee, MTNL and Govt. of India in continue process 

Proposal for solution for pro-rata optee

 

1. The option may be changed according to 5(1)b of GOI dated 29-8-1984 and direction given by  DB of Pr CAT -Delhi dated 14-9-2012. No need to get separate approval from cabinet.

2. Proposal  to resolve the problem with minimum burden to the employee in case of change of option as follow:-

-the amount received on account of pro-rata pension , arrear paid in 2005 by CCA without interest ( after 7 years ).

-the income tax charged on additional income in the form of pro-rata pension is 30% and 20% due to upper slab which has gone to Govt.of India.

-Only 4% rate of interest (reduced to gpf interest) to be charged on the received pro-rata pension amount (since actual received) because the employee already paid the income-tax on the received pro-rata pension amount.

-the 50% recovery of pension is to be done from committed amount and 50% recovery to be done in 36 installment if service remaining less than 4 years.

-the 50% recovery of pension is to be done from committed amount and 50% recovery to be done in 48 installment if service remaining less than 5 years.

-the 50% recovery of pension is to be done from committed amount and 50% recovery to be done in 60 installment if service remaining more than 5 years.

-the whole recovery of pension to be done from commutted amount ,in case of service less than 3 years or already retired employee.

-the amount of gratuity received with reduced rate of interest due to charged income tax, to be deducted from the final gratuity computed at the time of retirement.

-the outstanding of retired employee may be adjusted form the due’s.

-the withdrawn amount from EPF is to be converted into HBA loan because it is sanctioned for the house construction or purchase.

-the paid amount to commissioner EPF is to be withdrawn ,it is already provided in rule if the pension is paid by the organisation itself ,the amount to be withdrawn.

-the amount of CPF trust is to be transferred to GPF trust.

“If there is will than there is way”. 

New Update(24/3/2014)

 

1. The letter send to DDG(PG) by raising the points after issueing the notification on dated 3-3-2014,regarding option for combined service pension from retrospective date.

2. It is conveyed by Sh.A.K.Kaushik and Sh.Mange Ram ( belong to United Front) that the one time option of combined service pension is to be provided to the pro-rata pension optee case is strongly raised to Sh.Kapil Sibal and assured it will also be resolved on emergent level.

3. Proposal by PRPA to resolve the problem with minimum loss to the employee in case of change of option as follow:-

-Only 4% rate of interest (reduced to gpf interest)to be charged on the recieved pro-rata amount (since actual recieved)because the employee already paid the income-tax on the recieved pro-rata amount.

-the 50% recovery of pension to be done from commutted amount and 50% recovery to be done in 36 installment if service remaining less than 4 years.

-the 50% recovery of pension to be done from commutted amount and 50% recovery to be done in 48 installment if service remaining less than 5 years.

-the 50% recovery of pension to be done from commutted amount and 50% recovery to be done in 60 installment if service remaining more than 5 years.

-the whole recovery of pension to be done from commutted amount ,in case of service less than 3 years or already retired employee.

-the amount of gratuity recieved with reduced rate of interest due to charged income tax, to be deducted from the final gratuity computed at the time of retirement.

-the outstanding of retired employee may be adjusted form the due’s.

“If there is will than there is way”. 

New update (20-3-2014)

 

1. Next date of DP is listed on 1-5-2014.

2. Modify parity case linked to 20 years service is listed on 26-3-2014.

3. IDA pension at the time of retirement from psu under the epf-1995 scheme is meant for directly recruited employee by the MTNL. IDA pension paid by govt is meant for the govt servant recruited in the pensionable service and absorbed in the MTNL ( OA is pending in the Pr.CAT Delhi).

4. The PRPA is claiming all the rights under the order already issued by the GOI in it’s OM’s and notifications, not in air.

5. Every employee has the right to move to the court for his legitimate constitutional right on equality.

6. You have not taken the wrong decision by opting pro-rata retirement benefit for the service rendered to DOT. Be confident on your own decision.   

New Update(17/3/2014)

 

1. The MA is prepared and to be filed within two days in Pr.CAT-Delhi in OA for IDA pension (which governed by orders of DPE) for second spell of service in the PSU i.e.MTNL on the completion of qualifying pensionable service of ten years in PSU to be paid by govt. of India ( as per rule-37A). It is well aware the IDA pension is for the absorbed  PSU employee as per the DOT. It assured in the option letter ” DOT employee, recruited in the pensionable service transferred & absorbed in MTNL opted for pro-rata pension for the service rendered in the central govt. of India, shall be intitled for pensionary benefit available under PSU”. Before notification of dated 3-3-2014, as given in writing by MTNL that MTNL is paying pension on IDA as per the DOT direction of OM dated 21-11-2000. In the para-2 of this OM , the pension is to be paid by MTNL by forming pension trust as per the para-2 of GOI of dated 1-6-2000 to the absorbed govt servant in MTNL . After commencement of notification dated 3-3-2014, the IDA pension will be paid by the govt. through CCA of DOT. This is the legal and contitutional ground that the IDA pension for second spell of service on  the completion of qualifying pensionable service of ten years is to be paid by govt as assured in the option letter at the time of transferred and absorption in PSU i.e.MTNL after for sight the OM dated 21-11-2000 & 1-6-2000 and amending the sub-rule 22,23,24 of rule-37A of CCS(pension) Rule-1972 and available to Group A,B,C,D.      

2. As per GOI guideline the representation for option of combined pension on the commencement of notification of dated 3-3-2014, in reference to registered apprehension of dated 10-1-2014 of PRPA and confirmed on dated 22-1-2014  by under secy of DOPT, is being submitted to DDG-Estt. & PG as per the direction given by govt. of India. The opinion of senior legal expert and contitutional expert is awaited and within two days the legal course of action will be taken after getting the opinion accordingly with the consultation and approval of executive.

3. Happy Hoil to all members of PRPA of Delhi and Mumbai unit.

4. The members of PRPA of Delhi and Mumbai unit should be unite and regularly watch the PRPA site. The pro-rata pensioners other than MTNL absorbee and of other ministry may consult their grievances on e-mail to GS-PRPA. Any member may send his valuable suggestion on e-mail to GS-PRPA.

5. The argument on contempt of modify parity case is completed on dated 5-3-2014 and listed on 25-3-2014. The objection for removal of para-5 of OM dated 28-1-2013 is already submitted to DOPT in time and waiting for order to be issued after the decision on contempt of modify parity case at Pr.CCA Delhi. Thereafter, the legal course action may be taken.

New update (14-3-2014)

                    “Malik(GOD) hai tere sath , to  kanyo dreh gameh dil

                           Mahnat kare insan to kaya kaam hai muskil”

            “Be have faith on your decision and work to execute the decision”

1. Hearing is completed in the case of contempt of modify parity in pr.cat delhi and next listed on dated 25-3-2014

2. PRPA cases:- a)DP-case listed on 18-3-2014. b)GPF enrollment-case listed on 22-3-2014.c). c)IDA pension for second spell of service-case listed on 31-3-2014.

3. The modify application is being filed in the case of IDA pension for second spell of service for the payment of IDA pension to be paid by govt of India in place of pension trust after issuing of notification on dated 3-3-2014 being central govt. employee absorbed in psu e.i.MTNL. It is your constitution right.

4. After issuing of notification on dated 3-3-2014, the pro-rata optees are completely ignored while in case of group-C & D ,the rule-37A is extended in place of 37 ( in which absorbed) from retrospective date and in case of group-A & B, the sub rule- 22,23,24 of 37A is amended in place of rule-37(in which absorbed and exercised option of pro-rata) from retrospective date. The letter is being written to DDG-Est & PG to DOT with the submission of pro-rata pensioners. If needful, the legal cause of action will be taken with the consideration of executive members regarding the provision of option for combined IDA pension as per the govt. guide line already available.

5. The CGHS facility is to be extended to pro-rata pensioners on last pay drawn on IDA at the time of retirement.

6. The members have joined the PRPA with their own will and no force has imposed, along with authorization of court cases to fight with bearing of legal expenses in the interest of pro-rata pensioners in MTNL and cases are filed.

7. The employees recruited by PSU(MTNL) are covered in the EPF and the employee recruited by DOT in the pensionable service transferred to absorbed in the MTNL are eligible for IDA pension for second spell of service as per option letter at the time of absorption and crystal clear in the notification issued on dated 3-3-2014.

8. The pro-rata pensioners are adversely affected after issuing notification  on dated 3-3-2014.

9. Any pro-rata pensioner in MTNL may join the legal battle of PRPA with his own will for constitution right of pro-rata pensioners .

10. The pro-rata pensioners are ignored and victimized at every level and now they have the own platform to fight for their legal and constitutional right.

11. “Be unite and have wait for the result”

12. Happy Holi to the family of our members and pray for fruitful future.   

New update

The great updation on  7-3-2014

“ohm gan gan pateh nameh vighan badaham nasai sawah”

“mahalaxmi namastambhayam,namastambhayam sureshwari.

  hari priya namastambhayam,namastambhayam dayanedhey.”

“saraswati maiya vidya pustak dharini hans vahini samayukt vidya danam karo mum”

For the great success requires spiritual efforts alongwith humanefforts

All the dot employee absorbed in the mtnl and opted for pro-rata terminal benefit for the service rendered to dot have an option to count his past service in the psu for the purpose of pension on last pay drawn which is also known as combined pension on the issue of notification on dated 3-3-2014 by ammending sub rule-21( now 22,23,24) of rule-37A of ccs pension rule 1972 from retrospective date of 1-10-2000 and extended to group c & d (who absorbed under rule-37 only) along with group a & b ( who were not provided this sub-rule provision on dated 1-10-2000 earlier).

The interested employee who wants to change the option after the notification issued on dated 3-3-2014, may join the legal proceeding in the following manner.

1. Join the PRPA by depositing annual membership fee of Rs.100/- and initial legal charges of Rs.1,000/- for group A,B,C and Rs.500/- for group D alongwith undertaking of membership. No legal charges in case of death of employee and spouse is not earning.

2. The members already deposited the membership alongwith legal charges through cheque and there cheque had dishonored. In this case , there name will not be included in legal proceeding. The existing members have to deposit the annual membership for the period of 2013 and 2014.

3. No other legal case will be entertained in this legal proceeding while it is on the same subject or matter.

4. All the interested members has to contact to Sh.Ram Nath(9868255300),Sh.S.N.Dahiya(9868214356),Sh.Mahesh Goyal(9911264488),Sh.HPS Rathi(9013131636),Sh.A.P.Pandy(9868130006),Sh.Prem Kumar(9968038844).

5. The interested member has to submit the representation ( below given) to the concerned unit and one copy to sanchar bhawan by submitting on reception or by spped post.

6. The photo copy of reciept and representation is required to include the name of intrested members. The individual application will be filed in the legal proceeding of original application of the PRPA under sec-4 of central arbitration tribunal act. Once the name included , no addition will be entertained after starting of legal proceeding by PRPA.

7. representation for group C & D

To,The Secy-DOT,20-Ashoka road,Sanchar Bhawan,New Delhi

Sub: Counting of past service in the psu pension on IDA pay scale paid by govt

Respected Sir,

            It has the honor to make kind submission for counting of past service in the psu pension on IDA pay scale paid by govt as the constitution right as follow:-

a) the appilant is the DOT employee recruited under pensionable service who transfered and absorbed in MTNL on dated 1-11-1998.

b) the DOT provided option of pension benefit under rule-37  of ccs pension rule-1972 to the appilant with option A & B and same is followed & opted for-B.

c) the GOI issued on dated 3-3-2014 in which rule-37A with ammendment of sub rule-22,23,24 of ccs pension rule-1972 from retrospective date of dated 1-10-2000 for group C&D of DOT employee who opted A (which is named as combined pension in OM dated 5-7-1989) for pension under rule-37 of ccs pension rule 1972.

d) as per om no:28/10/84-pension unit, Govt. of India, and provision provided in para 5(1)(b), the appilant has the right  to count his past service rendered to the DOT in the psu(MTNL) for pension on IDA pay scale  by depositing already sanctioned or recieved pro-rata terminal benefit with interest.

e) on the change of rule-37 to 37A of ccs pension rule 1972 from retrospective date of commencing since 1-10-2000 as per the GOI issued on dated 3-3-2014 , the appilant has the right to exercise the option as per OM noted above para-d to count the past service in the MTNL service for IDA pension (known as combined pension) which is to be paid by Govt as per ammendment from retrospective date .

f) as per article-14 of contitution of India without disciminating and with cosidering of above facts, it is humbly requested that, the appilant is to allow to count his past service for qualifying pensionable service in psu pension on IDA pay scale ( known as combined pension), which is to be paid by Govt from retrospective date as per the commencement  GOI dated 3-3-2014, on depositing the pro-rata benefit with interest with the consideration of paid income-tax. The request is within the stipulated period of one year after issue of GOI of dated 3-3-2014.

Kindly oblige and thanks

Dated……………                         

 

Yours faithfully

Signature…………………………

Name…………………………….

Designation…………………….

Presidential order…………….

PPO No:…………………………..

Add…………………………………….

Mobile……………………………..

New degn…………………………

Unit……………………………………

 

8. in case of group A & B, the interested members will only mention the ammendment of sub-rule 22,23,24 of rule37A of ccs pension rule 1972 and apply in the same manner

9. The representation is to be submitted upto 31-3-2014 , so that the legal proceeding may start as early as possible and be hurry.

New update (4-3-2014)

 

1.The GOI has issued on dated 3-3-2014 regarding pension to be paid by govt. at par with BSNL. The same apprehension has adopted in the notification by ammending of sub-rule-23 of rule-37A from retrospective date 1-10-2000 for group-A,B,C,D. while group-C&D absorbed on dated 1-11-1998.

2.The line of action will be adopted by PRPA for option to change the pension from rule-37 to rule-37A for group C&D from retrospective date and ammendment of sub rule-23 of rule-37A for group A&B from retrospective date.

3.Appeal to all pro-rata pensioners be unite for struggle. 

New Update

update on 3-3-2014

1.In case of DP listed on dated 25-2-2014, the govt submitted WS with annexure and now we have to file the rejoinder upto 18-3-2014.

2.In case of GPF,it is listed on 22-3-2014

3.In case of IDA pension for second spell of service in mtnl,it is listed on 31-3-2014. The MA has filed for the change of address of corporate office to service the cat direction given to the cmd office.

4.In case of modify parity, the contempt is listed on 5-3-2014.

5.The representation to remove the para-5 has submitted to dopt in time and after the final decision along with order issued on modify parity ,the objection will be submitted to dopt and further moved to pr.cat delhi ( in case the grievances not resolved of pro-rata pension holder).

6.After issueing the notification of pension paid by govt by ammending rule-37A or notification issued on election,the PRPA will file the objection to the ddg-est&pg at DOT on ignoring the pro-rata pensioners. The fresh two OA will be filed :1) according to para 5B of govt order dated 29-8-1984 in case of ammendment of rule-37A from the retrospective date, it is the constitutional right of pro-rata pension holders to change the option of pension for combined service.2) according to govt decision , 60% of pension liability will be beared by govt for the service rendered to the central govt for the absorbed DOT employees in MTNL. if modify parity benefit not provided to the pro-rata pensioners, then, pay the 60% IDA pension on the last pay drawn at the time of retirement from MTNL for the service rendered to the DOT to the DOT employee absorbed in mtnl along with EPF for mtnl service because we are recruited by the DOT in pensionable service. Otherwise, it would be the discimination between the absorbee and voilation of article-14 of contitution of India.

7. In case of IDA pension paid by govt through DOT , the MA will be filed in pr.cat for the payment will be made of IDA pension for second spell of service by govt at par with other absorbee of dot in mtnl.   

8. The comments are invited from the members of PRPA particularly for para-5 & 6 and e mail to the GS PRPA, thereafter the decision may be taken for legal action.

9. So many time, it is submitted to the pro-rata pension holder that you have supported to  all unions and associations on the issue of pension paid by govt at par with BSNL to the combined pensioners but no issue taken up of pro-rata pensioners. If you are confident and ready to fight for your legitimate or constitutional right, then , you may join the PRPA. Otherwise you will be the great looser in the life.

10. “To fight for your right with non-voilance way of judiciary is constitutional”

        ” Paap karna galat hai to paap sahna us se bhi bada galat hai”

        ” Now it is proved that you have to unite to achieve you constitutional right”