- 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.
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
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 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.
- The LPA-111/2015 of MTNL to retain the EPF Trust is dismissed by Hon. Delhi High Court on dated 10-01-2020. The order of Regional Commissioner EPFO is revived to transfer the all Funds to EPFO.
- The MTNL has written letter to DOT to allow the CGHS ward facility as per the corresponding CDA scale of the last IDA pay to decide the direction of OA-2515/2015 in the matter of Sunil Kumar Sharma & others VS Govt. of India.
- The entitlement of pension as per CCS (Pension) Rule-1972 for pro-rata optee for second spell service in MTNL as assured by DOT at the time of absorption, not the EPS-95, the matter is pending at Hon. Delhi High Court to decide. All pro-rata optees have to wait for court verdict & not to opt for EPS-95 pension.
- The date of VRS is nearer 31-01-2020. It is demanded by the unions & associations to raise the limit of exemption of Leave Encashment from 3 lacs to 10 lacs and Ex-gratia from 5 lacs to 10 lacs. It is expected that it will be announced central budget-20.
- The copy of order as mentioned in para-1 & 2 available on the site.
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.