It is concluded herewith that maximum pro-rata pensioners are not willing to go with combined pension option but they are willing to achieve the target of modify parity (with 20 years case) and second spell IDA pension. Because they want to remain with CDA pension like ITS with having the interpetation that it covers under the Central Pay Commission Report. No doubt IDA pension is dependent on the contribution of MTNL in future after retirement. This is a new opinion concept which considerable in the new coming dates in CAT. This is the time to unite and every part of the union & association attracting to the pro-rata pensioners who are in majority in MTNL Delhi unit.
- why filing the case of modify parity :– Govt has issued the order of implimentation on dated 26-8-2014 to follow the para-12 of GOI dated 29-8-2008 and to pay arrear since 1-1-2006.
“In no case, the pension shall be lower than 50% of the sum of the minimum of pay in the pay band and grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired”
Again ,director cleverly modify the order of gazzette and court order by ammending ” in no case the pension shall be less than Rs.3,500/-” and induced the rule 49 of CCS(pension) Rule,1972 as before applicable 1-1-2006. While in original GOI ” it is accepted by the GOVT in para-12 ‘in no case,the pension shall be lower than 50% of the sum of the minimum of pay in the pay band and grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired’ ”
Honorable High court has clearly noted the para-5 of OM dated 28-1-2013 and ordered that first to fix the pay than revise the pension since 1-1-2006.
This is the contitutional right of the pro-rata pensioner to get the modify parity which is a minimum revised pension and it can not again be classified to reduce.
Any union and association is not ready to discuss or consider to take up the issue. In such a condition, there is only way to challenge in the CAT. No doubt it is time consuming process but you will get justice. The PRPA is completing the process to file the case in CAT.
- why filing the case of combined pension :– After issueing GOI dated 3-3-2014 on ammending rule-37A from retrospective date 1-10-2000 and OM dated 28-4-2014, according to para-5b of OM dated 29-8-1984 which is applicable on who absorbed before 31-12-2003, the pro-rata pensioner may count his past service in PSU for the purpose of pension by depositing received pro-rata amount with interest wthin the period of one year from the issue of GOI dated 3-3-2014.
The Govt. of India has issued the letter to the GS-PRPA on the notice that” the demand is partially accepted and matter is under consideration” but it has not implimented till now. The Govt. is killing the time of one year right and it is the cause that PRPA is completing the process to file the case in CAT before 3-3-2015.
- According to OM dated 29-8-1984, para-5 a & b, the pro-rata pensioners have both the right either to retain the pro-rata pension & to receive the IDA pension for second spell of service in PSU/MTNL as assured by DOT at the time of absorption,or to count his past service in PSU/MTNL fro combined IDA pension by depositing the received pro-rata amount with interest. It is clarified by the Govt. that it is applicable on who absorbed before 31-12-2003. The members shall not be confused and they have both the two right.
- The case of DP is listed on 18-1-2015 and it is also accepted in GOI dated 29-8-2008.
- The case of GPF enrollment is listed on dated 3-1-2015 which is based upon the para-9 of the Presidential Order and linked with judgement of second spell IDA pension.
- Now the time is to make strong the PRPA with unity.
- Sh.V.K.Sharma will verify the membership on telephone call to submit the list to the court and members are requested to co-operate.
“Wish you happy new year-2015 and will get positive result in favour of the members”
- The case of modify parity to remove the clause of pro-rata from the implementation order since 1-1-2006 is in process to file with in December-14.All legal formalities are being finalized.
- The case of combined pension option will also be filed with in December-14.
- The proper rules and documents are arranged for legal compilation.
- No doubt the members have wait for decision of cases which are already pending in Pr.CAT-Delhi. Patience always gives the sweet result.