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.
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 111/2015
MAHANAGAR TELEPHONE NIGAM LTD ….. Appellant
Through: Mr. Chandan Kumar, Advocate
UNION OF INDIA & ORS ….. Respondents
Through: Mr. Kanwal Chaudhary, Advocate for the applicants in CM Nos.15868/2018, 15869/2018 Kunwar Rajesh Singh & Ms. Punam Singh, Advocates for applicant in CM Nos.26027/2018 CORAM: HON’BLE MR. JUSTICE SANJIV KHANNA HON’BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 05.07.2018 CM Nos.15869/2018, 26028/2018
Allowed, subject to all just exceptions.
LPA No.111/2015 & CM Nos.26027/2018, 15868/2018
Issue notice. Notice is accepted by learned counsel for the non-
Reply would be filed within three weeks. Rejoinder, if any,
would be filed within three weeks, after the replies are served.
Relist on 3.10.2018.
SANJIV KHANNA, J
CHANDER SHEKHAR, J JULY 05, 2018/tp
Status of PRPA cases pending in court –
1. Second spell IDA pension paid by DOT case listed in Pr CAT Delhi on dated
2. DP case listed Delhi High Court on 11-9-2018.
3. GPF case listed in Pr CAT Delhi on 8-10-2018.
4. Minimum Pension 3665 since 1-1-2006 case listed in Pr CAT Delhi on 11-7-
Status of Individual group cases –
1. Full Parity since 1-1-2006 case listed in Pr.CAT Delhi on 20-7-2018.
2. DA on Pro-rata since absorption case listed in Pr CAT Delhi on 12-7-2018.
3. CGHS facility on last pay drawn case listed in Pr.CAT Delhi on 31-7-2018.
The case of EPFO for full pension to vacat the stay is listed in Delhi High Court
at item no.3 in court no.6 on dated 5-7-2018. The MTNL corporate issued the orders for 73.8 since 1-1-2007 notionally & to be paid since 1-1-2018 and HRA since the date of issue of order.
GS-PRPA is retiring in August-2018 and thereafter with more devotion the work of PRPA will proceed . GS will visit to Mumbai in September-2018.
As per information received that a meeting was held on dated 26-2-2018 in committee room at Khursheed Lal Bhawan between combined group of union/associations and management at ED-Delhi level. The representatives of MTNL Mazdoor Sangh, MEA and TEAM were in the combined group were presented and on management part ED-Delhi, PGM,GM(Admn) and DGM(Admn) were presented. The unions and association are demanding that Mr. Mukul Kamble shall be transferred out from the North area due to victimizing attitude and abusive language.
The combined notice of union and association is being submitted on 27-2-18 for union coarse of action.
Cases of PRPA
- DP case in DB Delhi High Court, Govt filed the corrected affidavit to court and adjourned till 11-9-2018. The Court considered the members of PRPA only.
Cases of individual group
- The DA case is listed on dated 12-4-2018.
- The CGHS case is listed on dated 12-4-2018.
The executive meeting of PRPA held today and anonymously decided that PRPA stand is affirmed till the Supreme Court up to the execution of Second spell IDA pension based on GPF paid by DOT without stoping of First spell CDA pension. The PRPA will not intervene in the LPA at High Court for EPFO pension on 11(3).
It is enquired by so many pro-rata pensioners in reference to EPFO pension for the part of MTNL. Those, who are interested for EPFO pension as per the 11A section of EPF Act on the actual Basic + IDA of the last pay drawn, have to give in writing to the Company Secretary of MTNL to transfer of CPF,VPF and EPF to the EPFO. Thereafter, you will be entitled for full pension of EPFO as per the current order of Hon’ble Supreme Court. The complete record since 1-11- 1998 or 1-10- 2000 is available with MTNL EPF Trust.
For PRPA Cases
1. Second spell IDA pension case:- MA of PRPA for DB is allowed and next date is 15-1- 18.
2. DP case at High Court:- GOI appeal not allowed & next date is 16-2- 2017.
3. GPF case:- Next date is 29-1- 18
4. Minimum 3665 pension since 1-1- 2006 case: Counter submitted by GOI and Counsel of PRPA will submit the rejoinder soon. Next date is 9-1- 18.
5. EPFO:- The case of pension contribution on actual basic+ida by removing the sealing of 5,000&6,500&15,000 since 1-11- 1998 or 1-10- 2000 as the case may be, as per the order of Supreme Court, the cases of appeal in the different High Courts for exempted organization employee have transferred to Hon’ble Supreme for final order.
For Individual Group Cases
1. The case of full parity since 1-1- 2006:- The counter is submitted by the GOI & next date of hearing is 13-3- 2018.The rejoinder will be submitted by the counsel of case.
2. The DA on CDA pro-rata pension since 1-11- 1998 case:- The counter is submitted by the GOI and counsel of case will submit the rejoinder soon. Next date is 22-12- 2017.
3. The CGHS facility on last IDA pay drawn case:- The GOI & Health Ministry have not replied till the date. The next date is 18-12- 17.
The affirm determination with unity and hard work shall always give you the positive result.
1. The GPF case listed on dated 29-1- 2018.
2. Three officers with one unidentified person attacked on the GS-PRPA at his residence 20.45 hrs on dated 25-10- 2017 by order of GM-North (Mukul Kamble) while GS-PRPA is on leave. It is highly objectionable and lodge the complaint to the Delhi Police for the same. Some of the officers at this level adopted the attitude of punishment (like British Ruler ) on the MTNL employees who are on the point of retirement, in place of motivational attitude. These officers treat the absorbed DOT employees as “slave or personal servant to fulfil their ill will”. Is it the great mistake of the DOT employee to absorb in MTNL?
3. All the executive and non-executive absorbed employee’s have to unite against this type of unconstitutional behaviour of such officers.