- It is rumoured by some of the persons that nothing is done by PRPA or Sunil Kumar in the case of modify parity and it is done by Railway Unions. No doubt, the basic efforts were done by Railway Unions to get the modify parity, but in that order by inserting para-5, the pro-rata pensioners of MTNL were refused to give this benefit by the GOI. Thereafter, Sunil Kumar filed petition in the name of PRPA vs GOI in the court to remove the para-5 from the main order. Then, court issued the order in favor of PRPA but the GOI did not implemented. After the given time by the court, Sunil Kumar filed contempt petition in the court for implementation of court order and also filed the caveat in the high court. The GOI did not move to the High court and Court ordered to make the payment. Thereafter, GOI made the payment of arrear in the court to Sunil Kumar and Ram Nath . Thereafter, the payment of others have released.
- It is experienced that it is difficult to get relief on Association/Union plate form and on other part, the individual appeals are properly listened. The PRPA has filed the 16 petition/filing in the court at different level and in some of the filing the decisions have come in favor and in some of the filing the prayers are dismissed. Even today, three cases are pending at different level. The cases filed on individual level or in very individual group, resulted in success. The latest example of CHGS up-gradation of pro-rata pensioners. In the Indian judicial system, it is time consuming. As & When, decision of any pending case comes, it will be informed on the site.
- In the CGHS up-gradation, total seven groups have got the order from the court and the case of two new groups are filed in court & waiting for order.
- Everyone is free to move to the court for their legitimate right. The PRPA is in the last appeal in the court with very few members and these are in a position to bear the expenses of court till last. None has to worry about Sunil Kumar and PRPA.
CGHS Ward upgradation :– First Four Group—the order from tribunal of three groups have received and same submitted to the concerned authority by the counsel to issue the order of the applicants to comply the court orders. The set of representation alongwith court order handed over to the applicants to submit to CGHS and CMD-MTNL for revised LPC as per 7th CPC on CDA scale and upgradation of CGHS contribution as well the ward entitlement. The order of tribunal of one group is still awaited and after receiving the order of this group, the implementation process of this group will start.
Fifth Group—Today the order is issued by the tribunal in favor of the applicant. As the order receive, the implementation process will start by the counsel.
Sixth Group—The case is completed and ready for filing in the court.
Seventh Group—The case is in progress to complete and the retiree’s are coming to join. As the group complete, it will be filed in the court.
Note:– Any one who is interested for upgradation of CGHS facility may contact to Sh.B.S.Sharma-9899129933.
50% Pension Payable :– The discussion is done in length and the Pro-rata VRS optee are willing to claim this huge amount which is not being paid by MTNL on account of Ex-gratia.
Exemption of Income-tax on ex-gratia :– After the deep study of Income tax act, Companies act, Industrial Dispute act, High Court Decision in some of the cases and observation of Supreme Court, It is decided by the group of VRS optee ( both GPF & CPF ) to move to the High court for the exemption of Income Tax on ex-gratia amount.
Due to COVID-19, no further development in other cases which are pending in courts.
All the cases of CGHS upgradation of four group filed by the counsel, the favorable order issued by the court and now the process of implementation will start after getting the court order. Every individual will be informed for representation. Congrats.
The four group for CGHS upgradation of pro-rata optee cases were filed in the court. The second group is succeed to get order in favor on video conference with the counsel. The second and third group case is relisted in the next week. The fourth group case will be listed thereafter. Any interested person may contact to Sunil-7982544354 and Sh. B.S.Sharma-9899129933 for further filing of case for upgradation of CGHS ward entitlement.
- The CGHS ward entitlement upgradation seekers have filed their cases in two groups in the competent court and will list to decide soon & the legal notices have also serviced to the concerned respondents . The third & forth groups are in process to file the court case.
- The two small groups of VRS-19 optee who Opted “B” at the time of absorption have prepared the petition through senior counsel to claim the Pension Payable in the competent court by not claiming EPF-95 pension & not filled the 10D form.
- The other cases are also pending in groups & individual capacity to claim the rights as ordered by DOPT.
- There is no option of EPF-95 pension in the option letter at the time of absorption in 1998.
Most of the participants in the CGHS court case got their ward entitlement upgraded and orders are implemented with compliance to court. Anyone interested to upgrade his/her ward entitlement of CGHS card through court then they may contact to Adv Mr. B.S.Sharma (M-9899129933) who filed the original case of CGHS. He has started to communicate the representation and will e-file the case in the court at an earliest possibility. It is to be noted that there is no need to contact to Sh. V.K.Sharma for CGHS case. The PRPA and it’s Post Holders are not further pursueing this case. We are working only on our own pending cases. We are pursueing the case of class-IV for implementation the court order to amend pension from 3500/ to 3665/ from 1-1-2006 to 31-12-2015.
Be affirm on the object and slow & stady wins the race
It is again conveyed to all validate updated members of PRPA that if they want to remain in case of DP and Second Spell IDA pension to be paid by DOT which are pending in Delhi High Court , they have to follow the below guidelines.
- Members retired on superannuation :- they have to deposit the membership with legal expenses to Sh. V.K.Sharma (0968136686) in the last week of july-2020. Thereafter, their name will be given to High Court as asked by court in the case of second spell IDA pension to be paid by DOT.
- Members retired on VRS scheme-19 :- they have to first withdraw their 10D form from CPF section and thereafter they may deposit the membership with legal expenses along with under taking to Sh. V.K.Sharma (9868136686) in the last week of july-2020. Thereafter, their name will be given to High court with undertaking as asked by court for superannuation IDA pension only. It has no concern with “ Pension Payable” which is the separate cause of action of financial matter. The PRPA is not bearing any responsibility in this case , because of individual nature.
- Individual group case of CGHS :- It is decided by court in favor of 52 petitioners and CGHS upgraded few of petitioners to Private ward entitlement & upgraded, order executed & implemented.
- In case of any pro-rata pensioner drawing Rs.32,000/- & above IDA last pay on superannuation/VRS in the grade of NE-11 and above grade of NE-12, E-2 to E-7, if they want to get the same benefit of upgradation of CGHS ward entitlement from general/ semi-private to Private ward then they may note their name to Sh. V.K.Sharma (9868136686) to file the new case in court at nominal legal charges.
- DR on CDA Pension from 1-11-1998 case:- This case is on final hearing and will be decided soon as the lockdown clears & courts open.
Full Parity case :- It is also on final argument and will be decided in coming period at an earliest.
In reference to EPFO letter, the following questions are raised
- VRS optee of Pro-rata optee is retired on 31-1-2020 with acceptance. Why the payment of their provident fund is not made till the date. It is the delay tactics with the involvement of unions.
- The Pension payable is shown in the ex-gratia calculation sheet for the remaining service ( from 31-1-2020 to superannuation date ). It is to be paid, why the question of higher pension from EPFO is raised. Due to Pension payable, the EPF is not credited in the account of CPF holders who are DOT employee absorbed in MTNL.
- All the pro-rata pensioners are entitled for IDA pension of PSU for MTNL service which is being paid by DOT as per your option letter, Presidential order and provided rule on the date of absorption. It is established.
- It is the duty of every VRS optee to claim Pension payable in the court if not paid by management despite payable. It is the clear cut case of violation of Article-14 of constitution of India. It is troubleful no doubt, but you have to fight for constitutional right.
- The PRPA is already fighting in the High Court for Second spell IDA pension to be paid by DOT after superannuation. It is policy matter to decide by the competent court while Pension payable is financial matter. The individual in group have to move in court for their right.
- What is the great achievement of unions & associations for pro-rata optee except discrimination and cruel harassment.
Very important updation :-
In 2011-12 initially, it was appealed to all pro-rata pensioners to be united and ready to fight for own issues with the administration & government of India without the help of any union & association. GS- PRPA appealed to all pro-rata optee’s to become the member of PRPA and contribute only rupees 1,000/. After long pursue only 12% of total pro-rata optees joined PRPA, but after getting modified parity in 2016, it is rumour that no need to join the PRPA. When any decision will come from the court, it will be applicable to all. Commented,the PRPA is money collecting plate form and only 5% of total pro-rata optees revalidated their membership. The executive body of PRPA decided to file further cases in groups or individual for their legitimate rights.
PRPA fight the following cases in the court
- Modified Parity:- fight upto contempt with caveat and achieved
- Dearness Pension :- still pending in Delhi High Court on final
- Minimum Pension 3665 since 1-1-2006:- win the case
- GPF case :- under consideration to file in Delhi High Court
- Second spell IDA-PSU pension to be paid by DOT:- notice issued to UOI & pending at Delhi High Court
Individual group cases
- CGHS case:- win order issued by CGHS as well by MTNL to review
- DA on pension since 1-11-1998: Delay condoned & allowed and submitted OM is accepted, on final argument with last opportunity to UOI & MTNL
- Full Parity:- pleading complete & on final argument
- Combined option case :- case filed by Asha Devi and win. Finally getting IDA pension and got the arrear.
- Pension payable case VRS-19 optee( only group C&D):- So many official are in contact to file the individual case in court. There is the need to establish for eligibility of IDA pension payable only. It is to be done by all pro-rata optee who opted VRS-19. It is the last golden opportunity. For this, you should not fill the 10D form for EPS-95 pension. And also protest epf.
- Income tax rebate on ex-gratia case:- it is submitted to the team of counsels opinion on the basis of sick industry.
Note:- The individual case is more effective to get the result in favor in short time.
It is an important message conveyed to all members of PRPA. The information of GS-PRPA will be conveyed only through PRPA website “
gsprpa.com as per clause 4(g) of a memorandum of PRPA as approved by Registrar of Societies.
As suggested by Hon’ble member Sh. Satendera Pal telephonically that once more the clarification for Second spell IDA case pending at Delhi High Court for members of PRPA shall be updated. Again it is describe as follow.
- For members who opted VRS-19 : as per legal requirement, VRS-19 optee has to withdraw their 10D form from CPF section(if deposited), if they want to remain in the case of Second Spell of IDA pension to be paid by DOT. Otherwise,w their name will not submit to the court in this case and neither their membership will be renewed.
- All the members will collect the representation form to submit to Secretary-DOT of undertaking from Sh. V.K.Sharma (9868136686) from 15th june-20 to 30th june-20. This form is mandatory to submit in the case of Second spell to the Delhi High Court.
- The membership shall be renewed to update & validate only on the submission of representation to Secretary-DOT of undertaking till 31st july-20. Thereafter, the updated validate list will be submitted to High Court in the case of Second spell IDA pension to be paid by DOT.
- It is clearly mentioned here that PRPA or any Post holder of PRPA is not giving any assurance in reference to the outcome of court case or EPS-95 pension. Please note it.
- The GS-PRPA and his team will fight the DP & Second spell IDA case upto the curative in the supreme court. It is our commitment