Updation on dated 28-3-2020
Every body is inside the home due to lockdown appealed & announced by Prime Minister of India due to CORONA VIRUS in India but MTNL workers are on the job. The ex-gratia payment of VRS is being paid on 30-3-2020 but only 30.8% of total ex-gratia and no other payment will be done. But the payment of salary of February-20 will also paid in time, because the existing GM’s and Directors are affected. Now, we are finally discussing the issue of “Pension Payable to Pro-rata Optee on VRS and Second spell IDA Pension to be paid by DOT”
- Pension Payable to Pro-rata Optee absorbed in MTNL
who opted VRS-2019 in MTNL:– The management of MTNL alongwith unions & association are making fool to the pro-rata pensioners,” there service is counted from the joining of service in DOT.” But they are paying the “ex-gratia, gratuity and leave encashment” on the basis of service rendered in MTNL from 1-11-1998 to 31-1-2020 and actual salary remaining from 1-2-2020 to actual date of superannuation as done earlier VRS in MTNL.
- Second Spell IDA Pension to be paid by DOT:- Those pro-rata pension optee absorbed in MTNL who are retired on superannuation on attaining the qualifying pensionable service of 10 years in MTNL, are eligible for second spell IDA Pension. This case is pending to decide at Hon’ble Delhi High Court for updated validate members of the PRPA. But those who are not the member of PRPA, are requested to write the representation to the Secretary-DOT that “they are being paid EPF alongwith my provident fund which deducted from salary and I am ready to refund the amount of EPF and EPS-95 pension to the DOT on releasing my second spell IDA pension from DOT”.
- Second Spell IDA Pension to be paid by DOT :– Those pro-rata pension optee absorbed on 1-11-1998 who are retired on 31-1-2020 on opting VRS-2019 and completed 21 years 3months qualifying pensionable service in MTNL, are eligible for Second Spell IDA Pension to be paid by DOT. In fact, the pension is payable shown in their respective ex-gratia calculation sheet which is to be claimed by every individual . Firstly, they have to withdraw their 10D form from the CPF-section and protest the EPF by writing to Secretary-DOT that “ Kindly arrange to make the payment of Pension payable in ex-gratia and submit undertaking that they are ready to refund the EPF if paid with Provident fund which is deducted from the salary in service and no claim of EPS-95, subject to outcome of court case. It is specifically for those who are updated validate members of PRPA. But those who are not the members of PRPA, they have to write the representation to the Secretary-DOT with the same content as given in this paragraph and move to the court in groups.
- Second Spell IDA Pension to be paid by DOT:– Those pro-rata pension optee absorbed on 1-10-2000 who are retired on 31-1-2020 on opting VRS-2019 and completed 19 years 4months qualifying pensionable service in MTNL, are not eligible for Second spell IDA pension to be paid by DOT as per CCS-Pension Rule-1972. But they have to claim 125% ex-gratia on VRS-19 by submitting representation to Secretary-DOT for the claim of 125% ex-gratia & move to court in groups and may submit 10D form.
- The group of official/officers are claiming for income-tax rebate on ex-gratia payment on the ground of decision of Kolkata High Court and preparing to move to Hon’ble Delhi High Court.
- It is requested to all Updated validate members of PRPA to deposit their respective membership from 2017 onward alongwith legal contribution to Sh.V,K.Sharma by 31st July 2020 to stand the claim of court outcome for DP case and Second Spell IDA Pension to be paid by DOT. Thereafter, the final list will be submit to the Delhi High Court in the case Second Spell case and in case of DP, list is already submitted.
- Those updated validate members who are interested to remain with PRPA court cases, are requested to follow the direction and send their representations for submitting to court to Sh. V.K.Sharma (9868136686) by 30th June-2020. Those officials/officers opted for VRS-19 & not eligible for second spell IDA pension and who are interested in court cases for claiming 125% ex-gratia and those who are interested to claim income tax exemption on the basis of Kolkata High Court Decision, may contact to Sunil Kumar – 7982544354.
- It is requested to all pro-rata pension optee that you must move to court for their constitutional right either with Sunil Kumar GS-PRPA or move in individual group. Just by spending few thousands rupees, you may hope for the lakhs for rest of life and it is not bad decision. It is assured that none of the union/association will help you, they are made only for combined service pensioners.
It is a crucial time for the pro-rata pensioners because on which unions/associations they believe but none has supported them before & after VRS. There are some clarifications arranged with the consultation of the team of counsels.
- It is very much clear that the case of second spell IDA pension to be paid by DOT is pending at Honorable High Court of Delhi.
- Those members of PRPA who retired before 31-1-2020 and eligible for second spell IDA pension, but applied for EPS-95 pension by filling 10D form. In case they are interested in the DOT pension, they have to represent to EPFO that they will surrender the whole amount of EPS-95 pension on the outcome of the court case from the Supreme court and one copy to Secretary DOT.
- Those members of PRPA who retired on/after 31-1-2020 on superannuation and eligible & interested for second spell IDA pension to be paid by DOT, they are requested not to fill the 10D form for EPS-95 pension.
- Those members of PRPA who retired on 31-1-2020 on availing VRS-19, they are eligible for second spell IDA pension to be paid by DOT & even assured/committed by DOT in calculation sheet of exgratia at column no. f “Pension payable after VRS for the remaining service”. Now it has become your right and not to apply EPS-95 by not filling 10D form, because for the same period you cannot claim a pension from two points/counters. This matter is submitted to the High Court in our case through our counsel. Even those who submitted the 10D form to the CPF section may withdraw if they are interested in second spell IDA pension to be paid by DOT.
- Those pro-rata pensioners who are not the member of PRPA and applied for VRS-19(group B&C at the time of absorption). They have to claim “pension payable as per column no. f of exgratia calculation sheet” in the court with the prayer to regularize pension and have to withdraw their 10D from & not to apply forEPS-95 pension.
- Those pro-rata pensioners who are /or not the member of PRPA and applied for VRS-19( group A&B at the time of absorption). They have to claim 125% exgratia as per the term of VRS-19 and apply for EPS-95 pension by filling 10D form because they are not eligible for second spell IDA pension/pension payable due to not completing the 20 years qualifying pensionable service in MTNL.
- All pro-rata pensioners availed the VRS-19, are eligible for the gratuity of 21.25 years service of group C&D but group A&B are eligible for the gratuity of 19.5 years service. The calculation of gratuity is the base of the qualifying service of the pension.
- Be hurry and take decision accordingly as per your choices, but PRPA is committed to fighting up to the curative of the supreme court for the legitimate right of second spell IDA pension to be paid by DOT.
One month and one week has passed after VRS dated 31-1-2020. Those who availed VRS , are please to congratulate for retired life.
The pro-rata pensioners who opted for VRS, are eligible for 50% pension as shown in work sheet of ex-gratia as pension payable. It is filed in the Delhi High Court in our case of “Second spell IDA pension to be paid by DOT being Central govt. servant absorbed in PSU/MTNL”. On 17-1-2020 post , it is clearly mentioned that please not to fill 10D form for EPS-95 pension to claim this 50% ex-gratia by way of pension. It is surprising and no application of mind that pro-rata pensioners are seeking for EPS-95 pension amounting to Rs.2,000/- or Rs.2,500/- for their rest of life and even not ready to claim for their right and dependant on others.
- In case of VRS, there is requirement of to complete 20 years qualifying service for claiming second spell of IDA pension to be paid by DOT. The C & D group has completed 20 years from 1-11-1998 and eligible for pension from DOT.
- But for Executives who absorbed on 1-10-2020 in PSU/MTNL, in case of VRS, they are not eligible for second spell IDA pension to be paid by DOT because they have not completed 20 years service
- Those who are not interested in second spell IDA pension to be paid by DOT but interested in EPS-95 higher pension from EPFO, they have to claim through court for their ex-gratia 125% of last pay as per terms of VRS. The executives interested for claiming of 125% ex-gratia may contact on mobile 7982544354.
- The case of DP is on final argument in Delhi High Court.
- The members, who opted for 11(3) higher pension of EPS-95 with joint declaration along with employer, are not eligible for “Second spell IDA pension to be paid by DOT” and may discontinue their membership of PRPA.
- It is finally decided by the executive of PRPA “not to file any new case in the name of PRPA”.
It is conveyed to all members who are willing to opt for EPS-95 pension in place of Second spell of IDA pension to be paid by DOT, are suggested that do not fill the joint declaration form to CMD till the whole fund is not transfer to EPFO. Because, till the whole fund is not transfer EPFO, you will not covered under the category “non-exempted” and EPFO is giving the benefit of 11(3) for pension on actual Basic+IDA by depositing 8.33% only to “non-exempted” category employee. Therefore watch & wait the movement of EPFO and visit there to verify. Supreme court had already decided that there is no cut-off date to avail this facility. Firstly, receive your CPF+VPF+EPF and thereafter take the steps to opt for full pension of EPS-95.
Happy new year to all the members of the PRPA
- It is the written submission in the Hon. High Court Delhi that “ pro-rata optee’s are entitle for pension under Rule-37 of CCS (Pension) Rule 1972 since 1-11-1998 and under Rule-37A of CCS (Pension) Rule-1972 as per option letter at the time of absorption signed by DOT and not under EPS-95. Some of the learned Senior Executives are very much keen to get EPS-95 pension surprisingly. The military men are doing the job of security on the cost their life and the senior executives of MTNL may not wait for High Court output. Some of the officials are behaving just to get the EPS-95 pension of Rs.1,000/- or 2,000/- like hungry . At least two cases are on board at Hon. High Court Delhi, one for second spell IDA pension paid by DOT and another for transfer of CPF to EPFO to get full pension on actual Basic+IDA.
- In my earlier post, you may represent your case of CGHS to the Add. Director, CGHS, New Delhi for contribution on the basis of last basic pay at the time of retirement by enclosing the order of 2009 & 2011 of MH & FW for proper ward entitlement. In case of copy of order not available may contact on 7982544354.
A) CGHS Facility:- After getting the revision of PPO as per 7th CPC, the pro-rata pensioners have to represent to the Secretary- ministry of Health & Family Welfare, Nirman Bhawan, New Delhi with following documents for their ward facility as per last pay drawn from MTNL at the time of superannuation/VR/VRS/ retirement or death case terminal benefits.
- Last pay slip or last pay certificate
- Copy of PPO issued by DOT
- Extention of CGHS facility to the employee’s of BSNL/MTNL:- copy of order, M.H.&F.W. , OM – No.Z-15025/28/2013-CGHS,III (Part-1) dated 9-1-2014,( the copy may be availed from ministry of Health & Family Welfare site or google search ).
- Extention of CGHS Benefits to PSU Absorbee’s :-
- M.H. & F.W. , OM No. C-14012/11/2003- CGHS- Desk-I, dated 18-8-2009
- M.H. & F.W., OM No. H-11013/2/2005-CGHS(P), dated 17-3-2011 ( copy may be availed from MH&FW site or google search)
“The contribution to be made wiil be decided by the Grade Pay that they would have now drawn in the government in the post held by them but for their absorption in SB/AB.”
Meaning or interpretation given by the group senior counsels that the ward facility contribution will be decided as per the corresponding grade pay of the last pay drawn on retirement from MTNL/BSNL when you are getting pension from central civil estimate for the service rendered to DOT. You are getting CDA-Pension since 1-1-2006 & full CDA-Pension since 1-1-2016 , not pro-rata pension. Hence, you are entitle for the implementation of DOT’S OM No. 4-12(11)/2012=PAT(Part) dated 31-8-2016 for CGHS benefit. Conclusively, it is requested to all CDA Pensioners that immediately you must represent for ward entitlement as per last pay drawn from MTNL to the Secretary- M.H. & F.W.. The individual group is also backing this issue through court by challenging the speaking order. In case of any problem, contact to GS-PRPA on 7982544354.
- Filling of online data for retirement documents on VRS/superannuation, it is requested to all the VRS optee’s immediately fill or feed data through your unit officer by keeping Aadhar Card, PAN card, Bank Pass Book along with spouse ( individual or joint) and date of birth of children ( may be with aadhar,PAN, Bank pass book for nomination) for fast processing of your terminal benefits & facilitate with FMS.
- It is conveyed to all pro-rata optee’s that you are getting regular pension as per GOI of 2012 and with implementation of 7th CPC since 1-1-2016. You must revise your PPO since 1-1-2016 from the concerned CCA immediately because the correspondence grade pay will reflect with reference to the pay scale on which you actually retired from DOT just before the date of absorption. The same is putting by the PRPA at the level of Secretary DOT and Secretary Health.
- For example, an employee was in the scale in 4500-125-7000 on 31-10-1998 and his pro-rata pension is fixed as Rs.1275/-. Accordingly, the CGHS ward category is provided “general ward”. When his pension is revised as per 7th CPC since 1-1-2016 by notional fixation of pay since 1-1-2006, he will be entitled forward category as “semi-private ward”. Hence, it conveyed to all group “C” & above that they must revise their PPO immediately for admissible ward category.
- After VRS date 31-1-2020, it is requested to all CDA pensioners must invest their fund in SCSS and RBI 7.75 Bonds non-cumulative through SBI main branch. Now SCSS is available in all nationalized banks also. For any assistance you may contact to GS-PRPA and it is completely safe.
- It is conveyed to validate updated members of PRPA that they should not apply for EPS-95 pension because you are entitled for second spell IDA pension of PSU/MTNL to be paid by DOT being permanent govt. servant appointed in pensionable service & absorbed in MTNL. No doubt, some of negative forces are creating obstacle to get it. This is the reason that we are at Hon’ble Delhi High Court.
Be unite to achieve your right
- Second spell IDA case, WPC-12160/2019 notice issued and listed on dated 30-01-2020 at Hon. Delhi High Court. Infact, the matter is started now and no doubt the seven years are wasted in CAT.
- GPF Case, the CAT order are being challenged at Hon. Delhi High Court.
- DP case, it is pending at Hon. Delhi High Court & listed on 23-01-2020.
- Minimum 3665 pension since 1-1-2006 is ordered by Pr.CAT Delhi. But no one is coming forward for implementation or contempt in which 45k arrear may be computed.
Individual Group Cases
- CGHS case, the denial speaking orders are being challenged at Pr. CAT Delhi
- DA on pension since 1-11-1998 as per DOPT order, it is pending at Pr.CAT & listed on 19-12-2019.
- Full Parity case, Incremental benefit since 1-1-2006, it is pending at Pr.CAT Delhi & listed on dated 12-3-2020.
- It is conveyed to all the employee’s of MTNL absorbed from DOT that they are the operative creditors and in case, they win in any case, shall be benefitted by MTNL/DOT even on availing the VRS.
- It is conveyed to all employees who opted pro-rata pension for the service rendered in DOT before absorption while they are having less than 10 years of service in DOT , they must file the case in CAT for combined pension option after availing VRS. Any legal assistance is required, they may contact on 7982544354.
- It is conveyed that all the (pro-rata) pensioners must update their PPO as per 7th CPC from CCA-DOT immediately. Thereafter, they may revise their ward entitlement after VRS date 31-1-2020 in the CGHS. They have to unite and PRPA is writing letter in this reference to the Secretary DOT.
- Best plan to invest for recurring income by pro-rata pensioners after VRS
- Firstly invest in Senior Citizen Saving Scheme upto 15L within 30 days of VRS.
- Secondly invest in RBI Bonds 7.75 interest non-cumulative as per fund.
- Thirdly invest in NSC with 5 years lock in.
- Please not to invest in private hands/bank which is on high risk.
- If you manage the funds in the above said manner, you will get the returns as equal the combined pensioners.
Jai Hind, we have the potential to fight for the constitutional right of pro-rata pensioners upto the curative at Hon. Supreme Court.
- It is very much circulated on whats app the copy of the decision of GPF case of PRPA with dismissal by the CAT. In which the para-9 of the Presidential Order issued by the DOT on absorption is the ground to file the OA which is completely ignored by the court. As per para-9, the consent of the official is required to transfer the fund and DOT assured to pay PSU pension available in MTNL. The MTNL paid the IDA pension of PSU of MTNL till 2014 and after 2014 paid by DOT on behalf of MTNL. Even the CAT in daily order asked to the counsel whether oppose the EPF and request for GPF for IDA pension on the qualifying service. The case of second spell IDA pension to be paid by DOT is admitted in Hon’ble Delhi High Court.
The counsel of PRPA is challenging this dismissal of the GPF case by the CAT in Hon’ble Delhi High Court in support of the case of Second spell IDA pension to be paid by DOT on the completion of qualifying pensionable service. The members are not worry on rumors and PRPA is committed to fight in the land of law for it’s members benefit.
- The case CGHS will be pursued, to the concerned ministry with its own order for pro-rata pensioners, in December-2019 on the completion of 90 days after the receipt of cat order.
- In reference to court case for VRS optee’s, the counsel of PRPA wrote a letter to the CMD-MTNL & ED-Delhi. The objection of members of PRPA for VRS option, it is submitted to the Secretary DOT and CMD-MTNL by the PRPA. For any discrimination, the PRPA will take action on it.
- The case of fearing VRS in MTNL is raised in the parliament today.
- It is requested to all members, please not to believe in rumors and watch the PRPA site on regular basis. In case, any member who is not interested to continue to join the PRPA for DP case , Second spell case and GPF case, may leave the PRPA by not paying the contribution & membership. Once the members will opt for EPF pension on actual last pay drawn , may not be the part of second spell IDA pension of MTNL even after getting the decision from the supreme court in favor.