ALL INDIA BHARAT SANCHAR NIGAM LIMITED EXECUTIVES' ASSOCIATION
KARNATAKA CIRCLE, BANGALORE (INDIA)
ALL INDIA BHARAT SANCHAR NIGAM LIMITED EXECUTIVES' ASSOCIATION
KARNATAKA CIRCLE, BANGALORE (INDIA)
Shri R.K. Goyal, PGM (Pers.) CO BSNL and discussed regarding:
1)JTO to SDE(T) CPC: We enquired about the status of Finalisation of AIEL of the JTO to SDE(T) Promotion and conduction of CPC. PGM (Pers) mentioned that the required data are collected from the Circles in a War footing manner and updation work is under progress and the representations received for the correction in List-1 and List-2 are being examined. We requested to expedite the CPC for SDE(T) Promotion since the 1999 Batch LICE JTOs and the BSNL JTOs recruits including 2001 Batch onwards are still waiting for their first promotion for the last 6 to 20years. PGM (Pers) replied that the CPC preparatory work is already initiated and assured for early conduction of CPC.
We further brought to the notice of the PGM(Pers) that LDCE for 33% quota from the vacancy year 2011-12 onwards also to be conducted simultaneously as per the SDE RR so that the young JTOs of BSNL may get their first due fast track promotion on time and serve the Company with a better zeal and enthusiasm. PGM(Pers) mentioned that he is aware of that and efforts are being taken to conduct the same pursuant to the guidelines of SDE-RR.
We appreciated the efforts taken by the PGM(Pers.) and the Pers.Team for calling the gradation list particulars/details of JTOs promoted/recruited from the Recruitment Year 2009 to 2012 by the Pers Branch from the Circles for early preparation of AlEL-3. We requested the PGM(Pers) to call for the above details upto the Recruitment Year -2016 to avoid the Legal disputes. PGM(Pers) assured to look into.
2) Request for consideration of Regular Promotions in all the Streams in the light of the DoT OM dated 13.10.2020: GS appraised the PGM(Pers) that thousands of Executives drawing Higher Scales are working in the entry level grade of JTO equivalent for 6 to 25 years and waiting for their 1st Promotion for the years together. Likewise SDE(T)/SDE(C/E/TF/Arch)/AOs/ CCS/PS cadres are waiting for their regular promotion since long. The Promotions are held up due to various Court Cases on Reservation & Seniority issues. AIBSNLEA has continuously pursuing and requesting the BSNL Management for the issuance of Regular Promotion Orders in all Cadres of all the Streams in order to fill up the huge vacuum created due to VRS-2019 from Jan’ 2020 onwards. We strongly oppose any look-after arrangement in higher grade but we demand immediate promotions on ‘Regular Basis’.
We brought to the notice of PGM (Pers) that recently, SCT Cell of DoT has issued an Office Memorandum dated 13th October, 2020 (regarding Clarifications on the issues relating to Reservation in Promotion for SCs/STs.) after gathering the valuable Legal opinion/Advice and in consultation with the ‘Ministry of Law & Justice’, ‘DoP&T’ and the ‘Attorney General of India’ on the specific clarification sought by the Parliamentary Committee on welfare of SCs & STs. GS requested PGM(Pers) to recast the Seniority List wherever required as per the recent Clarification and to consider all the long awaited pending regular promotions in all the Cadres in the light of the recent clarifications contained in DoT OM dated 13.10.2020. PGM (Pers) after patient hearing replied that the BSNL Management is taking best efforts for consideration of Promotions in all the Cadres without any parity and Pers.Team is trying to sort out the Promotion issue with a workable solution acceptable to all through discussion with the Stake Holders .
3) Consideration of Regular Promotion in the Cadre of DGM(T) and DGM(Finance): GS requested for the consideration of DGM (Adhoc) to Regular Promotion in both Telecom & Finance Stream. GS explained that the issue was discussed with CMD BSNL, Director (HR) and Director (Finance) from Jan, 2020 onwards in view of the vacuum created due to VRS-19.
GS further mentioned that as on date only 150 DGM(T) and 16 DGM (Finance) Adhoc are working in BSNL as against the Sanctioned Strength of 1331 and 402 respectively. All Adhoc DGMs have already completed 4 years of Regular service in DE/CAO (STS Grade) as on 1st Jan 2020 and as per BSNL MS RR- 2009, all are eligible for Regular DGM Promotion. Moreover they have completed 3 to 4 years as Adhoc DGM also and No Financial implication/ monetary benefit/Reservation issue will be involved in this promotion.
PGM(Pers) positively responded and mentioned that it is under the active consideration of the Management.
4) Re-casting the Seniority List of JAO and AO: We appreciated the efforts taken by the Pers.Team for finalising the Seniority List in Telecom/Civil/Electrical/Architect Wing. We requested the PGM(Pers) in the same line JAO/AO Seniority List to be re-casted pursuant to the orders contained in the light of the recent clarifications contained in DoT OM dated 13.10.2020. PGM(Pers) assured to look in to the matter.
(5) Discrepancies in the Provisional Seniority list No.9 of SDE(T) for the Promotion of DE(T): We appraised the PGM (Pers.) about the discrepancies observed in the Provisional Seniority list No.9 of SDE(T) for the promotion of DE(T) issued by the Pers branch on 10.08.2020 and we categorically mentioned that the Provisional Seniority List No. 9 is not prepared purely on the basis of the date of joining in accordance with the judgment pronounced by Hon’ble Supreme Court, but it is prepared on the basis of Date of Joining within the vacancy Year.
We further explained the PGM (Pers.) that as per the SDE(T) RR 2002 Amendment (That is Modification/addition/deletion in SDE(T) RR 2002) circulation dated 08-May-2018 “the Inter-se Seniority of the officers promoted against Seniority Quota (SQ-67%) and those who are promoted through LDCE/LICE quota (CQ-33%) against the particular vacancy year shall be fixed in the ratio of 2:1 irrespective of the year of appointment/ date of joining”. This Modification will be applicable with effect from 28/08/2015 onwards only. Any RR amendment is applicable from that date (that is Prospective in nature) but not on retrospectively. In this regard, GS explained that AIBSNLEA CHQ has received more than 300 representations which have already been forwarded to Pers. Branch vide our letters dated 25.08.2020, 26.08.2020, 27.08.2020, 03.09.2020 and requested the PGM(Pers) to finalise the list without any deviation from the Hon’ble Court Orders so as to avoid further Litigations.
PGM (Pers.) mentioned that after studying the case and discuss with the Pers. team, the list will be finalised in due course without any deviation or discrepancies as pointed out by all the stakeholders. He further assured that the list will be prepared strictly as per the rulings and various Judgments on the matter.
6) Consideration of request transfers in the Cadre of AGM/CAO/SDE/AO:-We requested PGM(Pers.) to consider the pending request transfers in the Cadre of AGM/CAO/SDE/AO. PGM (Pers.) mentioned that it is under process and will be issued after the finalization of Man Power planning and Restructuring of the SSAs and BAs which is likely to be finalized in the next week and necessary transfer orders will be issued after the approval of the Competent Authority.
1) Request for Preparation of AIEL List No.3 for JTO(T) : We requested for the early preparation of All India Eligibility List of JTO(T) for the Recruitment Year 2009 to 2016. PGM(Pers.) mentioned that the gradation list particulars/details of JTOs promoted/recruited is being called for on today by the Pers Branch from the Circles from the Recruitment Year 2009 onwards with the instructions to furnish the details before 30.11.2020.
2) Request for consideration of Regular Promotions in all the Streams in the light of the DoT OM dated 13.10.2020: GS appraised the PGM(Pers) that thousands of Executives drawing Higher Scales are working in the entry level grade of JTO equivalent for 6 to 25 years and waiting for their 1st Promotion for the years together. Likewise SDE(T)/SDE(C/E/TF/Arch)/AOs & CCS cadres are waiting for their regular promotion since long. The Promotions are held up due to various Court Cases on Reservation & Seniority issues. AIBSNLEA has continuously pursuing and requesting the BSNL Management for the issuance of Regular Promotion Orders in all Cadres of all the Streams in order to fill up the huge vacuum created due to VRS-2019 from Jan’ 2020 onwards. We strongly oppose any look-after arrangement in higher grade but we demand immediate promotions on ‘Regular Basis’.
We brought to the notice of PGM (Pers) that recently, SCT Cell of DoT has issued an Office Memorandum dated 13th October, 2020 (regarding Clarifications on the issues relating to Reservation in Promotion for SCs/STs.) after gathering the valuable Legal opinion/Advice and in consultation with the ‘Ministry of Law & Justice’, ‘DoP&T’ and the ‘Attorney General of India’ on the specific clarification sought by the Parliamentary Committee on welfare of SCs & STs. GS requested PGM(Pers) to consider all the long awaited pending regular promotions in all the Cadres in the light of the recent clarifications contained in DoT OM dated 13.10.2020. PGM (Pers) after patient hearing replied that he has also gone through the orders of DoT and discussed with CLO BSNL in this regard. He further mentioned that the issue will be discussed with Director (HR) for further action.
3) JAO 1999 Batch Pay fixation and recovery issue in respect of Telungana and AP Circles:- GS requested PGM (Pers) that the issue is lingering on with the one or other reason for the past seven months and requested to settle the issue & issuance of necessary orders at the earliest. PGM (Pers) mentioned that it has been approved by the Competent Authority and necessary orders are likely to be issued.
4) Consideration of request transfers in the Cadre of AGM/CAO/SDE/AO:-We requested PGM(Pers.) to consider the pending request transfers in the Cadre of AGM/CAO/SDE/AO. PGM (Pers.) mentioned that it is under process and will be issued after the finalization of Man Power planning and Restructuring of the SSAs and BAs which is likely to be finalized in the next week and necessary transfer orders will be issued after the approval of the Competent Authority.
GS, AIBSNLEA met Director (Finance) BSNL Board on 16.10.2020 and discussed regarding:
(1) Consideration of Regular Promotion in the Cadre of DGM (Finance): GS requested Director (Fin) for the consideration of all DGM (Finance) Adhoc to Regular Promotion. GS explained that the issue was discussed with CMD BSNL, Director (HR) and Director (Finance) from Jan, 2020 onwards in view of the vacuum created due to VRS-19. But there is no initiative has been taken in this regard till date by the Pers. Branch of BSNL CO.
GS further mentioned that as on date only 16 DGM (Finance) Adhoc are working in BSNL as against the Sanctioned Strength of total 402. All Adhoc DGM (Finance) have already completed 4 years of Regular service in CAO (STS Grade) as on 1st Jan 2020 and as per BSNL MS RR- 2009, all are eligible for Regular DGM Promotion. Moreover they have completed 3 to 4 years as Adhoc DGM also and No Financial implication/ monetary benefit will be involved in this promotion. GS handed over the letter written in this regard to CMD BSNL with a copy to Director (Fin). <<<Click here for GS letter>>>
Director (Fin) positively responded and mentioned that it is under the active consideration of the Management.
(2) Consideration of AO to CAO regular promotion in the light of the DoT OM dated 13.10.2020: GS appraised the Director (Finance) that the Accounts Personnel, from 1996 JAO Batch onwards are waiting for their Promotion to the Grade of CAO despite the fact that vacancies are more than the available eligible Accounts Officers in BSNL. The Promotion for AO to CAO in BSNL is held up due to various Court Cases on Reservation & Seniority issues. AIBSNLEA has continuously pursuing and requesting the BSNL Management for the issuance of Regular Promotion Orders in CAO Cadre in order to fill up the huge vacuum created due to VRS-2019.
In the recent past, DoT has gathered the valuable legal opinion/advice on the specific clarification sought by the Parliamentary Committee on welfare of SCs & STs and SCT Cell of DoT, in consultation with Ministry of Law & Justice, DoP&T and the Attorney General of India has now issued an Office Memorandum dated 13th October, 2020 (copy enclosed for ready reference) regarding Clarifications on the issues relating to Reservation in Promotion for SCs/STs. GS requested Director (Fin) to consider the long awaited AO to CAO regular promotion orders in the light of the orders contained in DoT OM dated 13.10.2020. Director (Fin) assured to look into the matter. <<<Click here for DoT Office Memorandum>>>
(3) GS AIBSNLEA requested Director (Finance) for issuance of Clarification regarding Non-recovery of excess payment made for a period in excess of five years to the retired or due to retire within One Year of the Executives in pursuance to the Hon’ble Supreme Court Judgment. GS appraised the Director (Fin) about the non-following of the instructions of BSNL Corporate Office and Hon’ble Supreme Court Judgment strictly by all the field units and intimated about the contrary order issued by the Estt. Branch of BSNL CO on 20.07.2020, resulting lakhs of Rupees have been recovered from the Ex-gratia Payment paid to the retirees who have gone on VRS under the Scheme of BSNL VRS-2019, in the name of excess payment and in violation of the Hon’ble Supreme Court Judgment. He further pleaded that it is not fair on the part of the BSNL Management to recover the said excess payment made to the employees (who have gone on VRS etc.,) before five years in a biased manner, which would be impermissible in Law and clear deviation from the Hon’ble Supreme Court Judgment as well as BSNL CO instructions.
GS further explained that the issue was discussed with Sr.GM (Estt.) but the Sr.GM (Estt) advised to take up the issue with the Director (Fin). After patient hearing, Director (Fin.) mentioned that he is not aware of the issue. GS immediately handed over the letter already addressed to Director (HR) with a copy to Director (Fin). Director (Fin) assured to look in to the matter. <<<Click here for GS letter>>>
(4) Consideration of request transfers in the Cadre of AGM/CAO/SDE/AO:-GS requested Director (Fin.) to consider the pending request transfers in the Cadre of CAO & AO. Director (Fin.) mentioned that it is under consideration and will be finalized after the finalization of Man Power planning and Restructuring of the SSAs and BAs. He further mentioned that the Man Power Planning will be finalized in the next week and after that necessary transfer orders will be issued.
Today GS AIBSNLEA, AGS, FS/CHQ and CHQ-Auditor met Member (Finance) DoT and extend our sincere thanks on behalf of AIBSNLEA for conveying the Govt. approval for the Sovereign Guarantee Bonds to BSNL to the tune of Rs.8500 Crores to meet out the Capex and the debts of BSNL. Member (Finance) appreciated our concern and assured that DoT will always support BSNL for its Revival & Survival and he further mentioned that so many Govt. Projects viz: LWE, Smart City, Bharat Net etc., are allotted to BSNL to increase its revenue. Member (Fin) also mentioned that DoT is always ready to offer so many Govt. Projects to BSNL so as to increase its Cash Flow. However, BSNL Management is not ready to give its consent for the additional projects. We discussed the following important issues with Member (Finance) DoT:-
Pension Contribution as per the Govt. Rule (FR 116): We requested the Member (Fin) to use his Good Offices with the MoF, Dept. of Expenditure for the approval of the payment of monthly Pension Contribution by BSNL (as per FR 116) on the basis of the actual Basic Pay instead of the maximum of the Pay Scale w.e.f 01.01.2007 as agreed by the Ex- Telecom. Minister Shri Manoj Sinha Ji with the AUAB Leaders. Member (Finance) mentioned that as decided by the Dept. of Expenditure necessary calculation inputs have been submitted to the DoE and positive results are expected shortly. We further requested Member (Fin.) that the issue has to be settled favorably since for the past 13 years i.e. from 01.01.2007) BSNL has paid excess payment to the tune of more than Rs.2500 Crores towards the Pension Contribution to DoT.
100% Neutralization of IDA w.e.f. 01.01.2017: We enquired about the status of the Neutralization of 100% IDA with the Basic Pay for the BSNL Employees w.e.f. 01.01.2017 for which the Memorandum has already been submitted by AIBSNLEA on 04.11.2019 in the meeting with Hon’ble Minister of Communications & IT, Shri Ravi Shankar Prasad Ji. In the Memorandum, AIBSNLEA has submitted that the IDA may be merged with basic pay from 01-01-2017 since it had crossed 50% bench mark. It is a routine practice in the Govt. of India. The similar decision has also been taken by the Government during 2004. Since DPE guidelines mentioned about the affordability and profitability to get any Pay Revision with additional fitment, we just urged upon to merely merge the IDA of 119.5% (i.e. 100% Neutralization) as on 01-01-2017 with the existing Basic Pay and give the benefit as done in the past. Member (Fin.) appreciated our concern and replied that your demand is genuine but due to Covid-19 and financial control austerity measures issued by the Ministry of Finance, this 100% Neutralization is not to be considered by the Govt at present.
Monetization of Select Land/Building Telecom Assets: Member (Fin.) informed that process of Monetization of some selected Land Assets is in the final stage and it will be decided in the Committee meeting soon which will definitely be benefited for BSNL.
Immediate payment of Claims Recoverable from DoT: We requested Member (Fin.) to release the outstanding amount of Claims Recoverable from DoT to BSNL to the tune of Rs.1500 Crores viz: Govt. aided Projects, LSC, Pay & Allowance, Telecom Services provided to DoT/CCA/Term Cell, Rent of Buildings, Repair & Mtce, Electricity etc., Member (Fin.) mentioned that most of the outstanding amount of claims recoverable from DoT except Govt. funded Projects has already been cleared by the DoT. However, he advised to take up the issue with the BSNL Management to submit the proper claim, if any outstanding is there; we will immediately clear it since we are also equally concern with the Revival of BSNL.
Non-settlement of GPF Withdrawal from CCA Office Delhi for the BSNL Corporate Office employees: We informed Member (Fin.) that the requests for GPF Final Withdrawal/ Advances are pending for release of the payment since last two months with CCA Delhi for one or other reason. Member (Finance) immediately contacted CCA Delhi over phone and enquired about the status. CCA New Delhi replied to Member (Fin.) that due to Data updation which was recently transferred from DoT HQ to CCA New Delhi, some delay was there and now it is set right and also informed that no request is pending with CCA at present. Member (Fin.) advised us to follow up the issue with the concerned branch of BSNL Corporate Office and assured that if any problem is there, you are always free to contact me at any time.
Compensation for the BSNL employees who are maintaining essential Telecom Services throughout India against COVID-19 and financial assistance to the bereaved family member(s) of BSNL Employees, who expired due to Covid-19: We requested the Member (Finance) for the consideration of the payment of Compensation to the bereaved family members of BSNL Employees, who expired due to Covid-19 by maintaining the essential Telecom Services as per the proposal submitted by the BSNL. We appraised the untimely death of about 8 numbers of young JTOs/ SDEs/ DEs in BSNL due to Covid-19 while on duty and we also informed that AIBSNLEA has requested CMD BSNL to consider and release the Compensation amount to the bereaved Family Members. CMD BSNL informed us that the necessary proposal in this regard has already been submitted to DoT for consideration. Member (Fin.) replied that no such proposal has been received from BSNL till date and opined that it can be managed by BSNL itself.
Payment of the final installment of Ex-gratia to BSNL VRS-19 retirees: GS AIBSNLEA enquired about the payment of the last installment of Ex-gratia to be paid to the BSNL VRS-19 retirees which was assured to be paid before 30.06.2020 as per the Union Cabinet decision.
Member (Finance) appreciated our concern and mentioned that till date no claim/demand regarding the payment of the final installment of Ex-gratia is received from BSNL. He assured that DoT is ready to pay the same at any time as and when claim will be raised by BSNL. He further mentioned that DoT has already taken a Special Permission from the Ministry of Finance for the exemption from 5% Ceiling which was imposed by the MoF due to Covid-19 Pandemic. Member (Finance) further mentioned that any delay in payment is due to BSNL only as they are stating that some final adjustment is pending between the VRS retirees and the BSNL which has not yet been reconciled and final claim will be submitted after proper reconciliation only. However he further mentioned that DoT has to pay full remaining amount of the Ex-gratia to BSNL and if any settlement in between the VRS retirees and the BSNL is there, the same should have been reconciled timely and any delay in this regard is not a good practice by the BSNL.
Grant of 5 (five) Advance Increments on the minimum revised E1 IDA Pay Scale of Rs.16400-40500 to the SRD JTOs & DRs Specially abled 2010 batch, LDCE JAO 2013 batch DR JAOs of 2015, 2018 batch, DR JTO of 2017 batch LDCE JAO 2016 batch and LDCE JTOs of 2016 & 2017 batches.
To the Kind attention of all Post 2010 Batch DR/LDCE JTOs & JAOs Batches:
Dear Friends! AIBSNLEA is the only Association continuously taking up the issue of E1+ 5 increments to the post 2010 JTO/JAO DR & LDCE at different level for quite long time due to non approval of E2 Scale by the DoT. GS, AIBSNLEA has written to the BSNL Management about this anomaly and explained about huge difference in Pay to the tune of Rs 10000/- between the two sets of Executives recruited after 01.01.2007 onwards which created widespread resentment among the young Executives. The young DR and LDCE JTOs/JAOs were demoted to a lower Pay scale and placed in E1 scale provisionally.
Due consist and continuous efforts of AIBSNLEA , BSNL Board approved the grant of 5(five) advance increments on the minimum of the revised E1 pay scale of Rs. 16400-40500 to the directly recruited JTOs of 2007 and 2008 batch and directly recruited JAOs in respect of whom result declared in 2010 have been ordered to be fixed at Rs.19020/- and subsequently BSNL Board approved the same for JAO 2010 LICE batch (both 10% Quota & 40% Quota) i.e., the pay of such JAOS has been fixed in the revised E1 pay scale of Rs. 16400-40500/- by granting one notional increment @ 3% of their existing pay in the feeder grade or at Rs. 19020/- by way of granting five advance increments on the minimum of the revised E1 scale, whichever is higher.
Like that due to continuous persuasion of AIBSNLEA with the BSNL Management, the grant of 5(five) advance increments on the minimum of the revised E1 pay scale of Rs. 16400-40500 to SRD JTOs 2010 batch and LDCE JAOs 2013 batch has been considered and approved by the MC of the BSNL Board. But the approval of BSNL Board is kept pending for the past so many years due to BSNL Restructuring Plan.
AIBSNLEA brought to the notice of the CMD, BSNL that the initial Pay of DR JTO Specially-abled 2010 Batch, DR JAOs of 2015, 2018 Batch, DR JTOs of 2017 Batch, LDCE JAOs of 2016 batch and LDCE JTOs of 2016 & 2017 batch recruited/appointed as per the same Recruitment Rules as of DR JAO 2010 Batch was fixed at Rs.16400/- only and they are deprived from getting of 5 Advance increments; which is clear disparity and serious anomaly among the similarly placed JTOs/JAOs. The difference in basic pay of DR JTO Specially abled 2010 Batch, DR JAOs of 2015, 2018, DR JTOs of 2017, LDCE JAOs 2016 and LDCE JTOs 2016 & 2017 batches become Rs 2620/- (Rs,19020– Rs.16400) comparing to the DR JTOs of 2007 batch, 2008 batch and JAOs of 2010 LDCE batch. If other allowances are added, the real difference in salary today will be around Rs 10,000/-. On implementation of 3rd PRC, the difference will further increase and continue with time due to increase in IDA and annual increment. Further all are facing major losses in the form of career progression (time bound promotion), retirement benefits like E.P.F., Gratuity etc., due to discrimination of the initial basic pay compared to other similarly placed JTO/JAOs.
AIBSNLEA in it’s letter also mentioned that they will get E-2 Scale as per the time bound EPP after 6 years only since they are placed in Rs.16400- 40500 Scale and they have not touched the next Scale within 4 years (as per the BSNL EPP) due to non grant 5(five) Advance increments. Whereas the earlier 2007&2008 DR JTO batch, 2010 DR JAO and 2010 LDCE batches have got E2 Scale in 4 years which is the great injustice and discrimination.
Due to implementation of VRS-2019 in BSNL and sudden outbreak of the present pandemic situation, the immediate propulsion faced by the Executives, especially the younger ones are hard to believe. They have already labeled themselves as silent fighters, who fought not only for their livelihood but also to run the Dreams of Indian Telecommunication amidst the most turbulent condition. Surprisingly, these energetic, educated and committed brigades have continuously been deprived in many spheres relating to their career in BSNL service. The financial difference between their of their senior counterparts due to Pay loss of Rs 10,000/- per month is unimaginable and unfair too.
In view of the foregoing, AIBSNLEA fervently appeal to the CMD BSNL to kindly intervene in the matter and cause to issue necessary instructions to the Officers concerned to extend E1+5 increments to SRD JTOs 2010 Batch, DR JTO Specially-abled 2010 Batch, LDCE JAOs 2013 Batch, DR JAOs of 2015, 2018 Batch, DR JTOs of 2017 Batch, LDCE JAOs 2016 and LDCE JTOs 2016 & 2017 Batches so as to increase the morale of the Young Executives.....<<<Click here for letter>>>