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 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”.
After a long gap, the PRPA is again joining the dialogue with it’s members and pro-rata pensioners of MTNL. After the last updation, the new developments have come in force in this period.
1. In case of CGHS facility after retirement to pro-rata pensioners, Pr.CAT-Delhi passed the order to ministry of Health & DOT to review the case and allow ward on the basis of last post at the time of retirement from MTNL/PSU and not from the date of absorption.
2. The case of minimum pension 3665 since 1-1-2006 is allowed by the Pr.CAT-Delhi and order passed in favor of pro-rata pensioners in MTNL.
3. The case of DA on pension since absorption, the pleadings are completed and on final argument within few days.
4. The case of GPF is on board since last one week on hearing for final decision.
5. The case of second spell IDA pension to be paid by DOT is submitted and on argument within few days in Hon’ble Delhi High Court.
6. The case of DP is linked with DA case at Hon’ble Delhi High Court.
The MTNL has introduced the VRS scheme for ita’s employee’s with draft terms & conditions. The executive of PRPA held in meeting has decided to oppose the two points at the level of CMD-MTNL, MOC, Head of group of ministers and PMO. 1. Un constitutional term introduced to stop the employee from the legitimate right of court appeal on the land of law. 2. Deduction of due pension amount (which is not being paid) from ex-gratia computed for rest of service on VRS applied in case of pro-rata pensioners of MTNL. Extreme level discrimination, Combined service pensioners will get 125% ex-gratia of last pay (BP+IDA), Pro-rata pensioners will get 75% ex-gratia of last pay (BP+IDA) and Directly recruited employee of MTNL will get 100% ex-gratia of last pay (BP+IDA). But subject to the Gujrat Model and cealing to three limits.
It is the crucial time, all the pro-rata pensioners have to unite for right. It is learnt from the sources, Asha Devi succeed to get combined pension of Rs.20,000/- pm with arrear of 15 lakhs after the long battle up to supreme court, the executive of PRPA congrats to Asha Devi on winning of less than 10 years case of pro-rata pensioners in MTNL.
Respected validate updated members of PRPA,
Always hope for the best and have confidence in yourself
- DP case listed in Delhi High Court on dated 2-7-2019
- GPF case listed in Pr CAT Delhi on dated 6-9-2019
- Minimum 3665 since 1-1-2006 in Pr CAT Delhi listed on 7-8-2019
- Second spell IDA pension to be paid by DOT is to be filed after 20th june 2019 by senior learned council.
Individual Group Cases
- Full Parity case in Pr CAT Delhi listed on 7-7-2019
- DA on pension since 1-11-1998 in Pr CAT Delhi listed on 18-7-2019
- CGHS case in Pr CAT Delhi listed on 13-8-2019
Any one of the member may visit to the concerned court on date
- Delhi High Court pronounced the order on dated 22-5-2019 in favor of the Officers of Khadya Nigam that the members of EPS-95 belongs to exempted category are also entitled for higher pension on actual Basic+IDA with benefit of 11(3) and 26 with joint submission with record without any cut-off date and retiree has to submit the due with 6% interest. It will favor to MTNL employee also.
- Delhi High Court completed the pleading with arguments for the disposal of LPA to stay on order of EPFO on dated 24-5-2019. The MTNL employee group from Mumbai & Delhi submitted the argument through their council. Pronouncement reserved.
- The case of second spell IDA pension to be paid by DOT was listed on 13-12-2018 and pre-poned by the bench on dated 5-12-2018 without any notice. Even the case put on board on dated 6-12-2018 & order uploaded on 19-12-2018 and not heard the argument of OA and rejoinder and disposed-off just to clear the pendency of cases. It is completely against the natural justice of pensioners. The PRPA is preparing to file the writ petition against this order to the Hon’ble High Court of Delhi just after opening of court in January-2019.Not to worry, case is in our favor.
- The case of DP is listed on dated 19-2-2019 in Hon’ble Delhi High Court.
- The case of GPF listed on 13-12-2018 and adjourned but date is not mentioned.
- The case of minimum pension 3665 since 1-1-2006 is listed on 8-1-2019.
Cases of Individual group
- The case of full parity is listed on dated 8-2-2019 in court no.5
- The case of CDA on pro-rata since 1-11-1998 is listed on dated 9-1-2019 in court no.5
- The case of CGHS facility on last pay drawn on superannuation is listed on dated 27-2-2019 in court no.6
- The PRPA executive committee is ready to fight the case of second spell up to the supreme court. The members who are having the less than 10 years service in DOT & opted pro-rata pension, are also covered in this case.
- Those official of less than 10 years service who are interested to file the fresh OA on the basis of judgement of Asha Devi, they may contact on 7982544354,9717675714 for assistance. It is also discussed with the counsel who filed the fresh OA on this matter.
“ Be affirm & unite for achieving the final goal”