WITH REFERENCE TO FR22( 1) (A)  (1) CHQ HAD WRITTEN LETTER TO DIR HR.

LETTER REPRODUCED HERE.

No: SNEA/CHQ/DIR(HR)/2015-18/100                Dated 29^th August, 2018.

To

Smt Sujata T Ray,                                                        

Director (HR), BSNL Board,

New Delhi.

Sub: Early implementation of Hon Kerala High Court order on Pay fixation for the Officiating JTOs under FR22(1)(a)(1) without the restriction of FR35 as the Hon Supreme Court dismissed the SLP filed by BSNL. There is no need for filing a review petition again in the Hon SC by spending huge money: -

Ref: 1. No: SNEA/CHQ/DIR(HR)/2015-18/88       Dated 19^th February, 2018.

2. Judgment Dated 15th day of September, 2017 by Hon. High Court of Kerala in W.P.(C) Nos. 7723, 8077, 23015, 23141, 23287, 23753, 23407, 23850, 24091, 24092, 26872, 26873, 26883 of 2010 & OP(CAT) No. 2107 of 2011.

Respected Madam,

Kindly recall the discussions in this regard, requesting the management to implement the Hon Kerala High Court order dated 15.09.2017 by generalising it as all the JTOs are regularised and majority of them are already retired from the service. A letter also given by this Association in this regard explaining the matter in detail (ref 1 above).

Recently the SLP filed by BSNL in the Hon Supreme Court against the Kerala High Court order was dismissed. This final order has come after a series of litigations spanning more than 11 years. As the case was pending, these officers were denied many benefits like 78.2% IDA merger, pay fixation on promotion etc for years together. Huge recoveries were effected from many, particularly at the time of their retirement.

We once again appeal to the BSNL management to implement the Judgment by generalising it and put an end to this long drawn litigation, without resorting to filing of review petition and wasting valuable money and manpower of the company. The lawyers are taking lot of money from BSNL in the name of court cases, at the same time the affected employees are getting penalized.  

With regards,

(Sebastin. K)

Copy to:

1. Shri. H C. Pant, CGM(Legal), BSNLCO for information and n/a please.

2. Shri. Saurabh Tyagi, GM(Estt), BSNLCO for information and n/a please.

       

    ***  ALL INDIA CONFERENCE OF SNEA INDIA WILL BE HELD AT LUDHIANA FROM 28-11-18 TO 30-8-18.PARTICIPANTS PLEASE CONFIRM WITH DS SO THAT IT CAN BE COMMUNICATED TO CHQ  ***

Meeting with Shri Anupam Shrivastava, CMD, BSNL:

GS and AGSs Com Padmanabha Rao and Chandrasekhar met CMD on 17.8.2018 and discussed the following issues:

a) Natural calamities in Kerala: We appraised CMD about the  unprecedented flood situation in Kerala which affected the life of thousands of people. Large number of Exchanges and more than 1000 BTSs are down. More than 3 lakhs people are evacuated and shifted to about 3000 temporary relief camps. Almost all the Districts are affected. Our employees are working day and night to restore the services.

As requested by our CS, Kerala, BSNL made mobile services free, but for most affected four revenue districts. We further requested to extend free mobile services for other revenue districts of Kerala state and also for free calls from landline of Kerala Circle. 

SNEA suggested to contribute one day salary for the relief works in consultation with all concerned.

b) Notification of CPSU Hierarchy:

Assn pointed out that management given repeated assurances to notify the promotion policy w.e.f 01.07.2018 but so far notification not issued. There is huge resentment among the Executives on the abnormal delay. CMD assured early notification after discussing with DIR HR on Monday.

c) Procurement of OLT for FTTH connections:

We requested to authorise SSA heads to purchase OLT for providing the FTTH connections. OLT available for 30000 to 40000 rupees in the market. This will help providing connection immediately. CMD agreed to consider the case and asked us to have further discussion with DIR CFA.

We further brought the specific case of Punjab Circle where procurement of 1200 KM low count OF cable is pending for months together. We requested CMD to direct CGM to complete the process at the earliest.

SNEA Kerala Circle has taken initiative for flood relief works. Those who are interested to donate the money, they can contribute to the following SNEA account of SNEA, Kerala. This money will be exclusively used for the relief works for the flood affected people either by contributing to the Chief Ministers relief Fund or providing relief materials to various relief camps. 

Name of A/C: SANCHAR NIGAM EXECUTIVES ASSOCIATION.

A/C No: 204101010005031.

Bank: VIJAYA BANK, TRIVANDRUM MAIN BRANCH.

IFSC Code: VIJB0002041.

On the first day itself Rs 39,000 received as donation

WE, ALL THE OFFICE BEARER OF SNEA  MET PGM ON 13-8-2018 FOR OFFICE BEARER INTRODUCTION.AFTER INTRODUCTION WE HAVE DISCUSSED ABOUT  THE INCOMING JTO FROM COONUR AND THEIR POSTINGS. RELIVING OF SUMASHANTHI JTO FROM AVP GR TO CHENNAI.THEN WE HAD LENGTHY DISCUSSION ABOUT FR 22 1 (A ) 1 CASE OF OFFICIATING JTO.PGM ASSURED AS SOON AS THE SC JUDGEMENT COPY IS ENDORSED FROM  CORPORATE OFFICE WE WILL SETTLE THE CASE.

To

       The Principal General Manager,

       Erode ,Telecom District.

Sir,

     Sub:Implementation of FR 22(1)A (1) –Reg

       The TTA s who  had been passed the JTO Screening test since the year 2000 had been sent for Phase I  training under RR 2001 and posted as officiating JTO.They had been performed the officiating since the Year 2005.The Fixation  was done under FR22(1)a(1) read with FR35.On 2013 the Honourable Supreme Court delivered  the Judgement for squashing the FR35 .Following this judgement Principle CAT New Delhi& Ernakulam High Court Kerala also released the same judgement for implementation.

    Most of the SSA followed the judgement and the pay fixation was revised for those who had been officiated since 2005 and 2006.From 1/1/2007 the basic was taken as Rs9850 of 10100 depending on the officiating year and arrears were paid in year 2015.In ERODE SSA no pay revision was done ,Even though reprersentation was given the issue was denied unilaterally. Now in SLP the Department appeal petitions against  Ernakulam High Court s judgement  were fully dismissed on last week. So the Honable Supreme Court judgemst s should be implemented immediately in order to avoid the litigation by giving the Pay Protection as on 30/12/2006

       Once again we request you sir,we only pray for to fix the officiating JTO s pay with pay protection From 1-1-2007 under FR22(1)A(1) as per COURT Judgement.

Erode

13-8-2018                                                                                            The District Secretry,

                                                                                                               SNEA (I),ERODE.

THE QUESTION RAISED AND REPLY GIVEN BY MINISTER OF COMMUNICATION IS AS FOLLOWS.


GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS LOK SABHA UNSTARRED QUESTION NO. 3488 TO BE ANSWERED ON 8 TH AUGUST, 2018 PAY REVISION COMMITTEE FOR BSNL 3488. SHRI ADHALRAO PATIL SHIVAJIRAO: SHRI ANANDRAO ADSUL: DR. PRITAM GOPINATH MUNDE: SHRI DHARMENDRA YADAV: SHRI SHRIRANG APPA BARNE: DR. SHRIKANT EKNATH SHINDE: SHRI VINAYAK BHAURAO RAUT: Will the Minister of COMMUNICATIONS be pleased to state: (a) whether the Government has constituted third Pay Revision committee for Bharat Sanchar Nigam Limited’s (BSNL) employees and if so, the details and the major recommendations thereof along with the time by which the said committee is likely to submit its recommendations to the Government;
(b) whether the Government has implemented the said recommendations of the committee and if so, the details thereof and if not, the reasons therefor;
 (c) whether the Government has received any representation from employee unions and Members of Parliament for early implementation of the said committee report in BSNL and sorting out pending issues with regard to the pay revision and if so, the details thereof and the action taken by the Government thereon; 
(d) whether the Government has implemented the recommendations of the second Pay Revision Committee in its entirety and there are no left over issues thereof and if so, the details thereof and if not, the reasons therefor; and
 (e) whether the Government has proposed to create a separate mobile tower subsidiary for hiving off BSNL’s mobile tower infrastructure and if so, the details and the status thereof along with the time by which the said subsidiary is likely to be operational?
 ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF COMMUNICATIONS & MINISTER OF STATE IN THE MINISTRY OF RAILWAYS (SHRI MANOJ SINHA)

 (a) Department of Public Enterprises (DPE) constituted the Third Pay Revision Committee (3rd PRC) to review the structure of pay scales, allowances, perquisites and other benefits for Board level functionaries, below Board level executives and nonunionized supervisory staff of all Central Public Sector Enterprises (CPSEs). The recommendations of 3 rd PRC were conveyed by DPE vide Office Memorandum (OM) 2 No.W-02/0028/2017-DPE(WC)-GL-XIII/17 dated 03.08.2017 which is at Annexure. No separate 3rd PRC was set up for BSNL. 

(b) & (c) BSNL is not covered by affordability clause of DPE OM dated 03.08.2017 as it has been incurring losses for 2016-17, 2015-16 and 2014-15. Based on proposals and representations received, a reference was sent to DPE whether the affordability criteria can be relaxed for implementing pay scale revision in BSNL as per 3rd PRC. DPE has clarified that BSNL does not fall under the category mentioned in Para 5 of DPE’s OM dated 03.08.2017 and indicated that any relaxation/amendment in the extant guidelines would require the approval of the cabinet and Department of Telecommunications (DoT) has to examine issue at its end. The matter is under examination.

 (d) The Government had issued Presidential Directive dated 27/02/2009 based on recommendations of 2nd PRC for BSNL and the same has been implemented in BSNL.

 (e) In September 2017, Cabinet gave its approval for “Hiving off Mobile tower assets of BSNL into a separate subsidiary company fully owned by BSNL”. A new tower company named BSNL Tower Corporation Ltd., fully owned by BSNL has been incorporated on 04.01.2018.

FR-22(1)a(i) Pay Fixation Case of Offg. JTOs:

Hon’ble Supreme Court dismissed the SLP filed by BSNL Corporate Office against the Hon’ble High Court Kerala judgment regarding FR-22(1)a(i) Pay fixation case of Offg. JTOs of Kerala Circle. . We congratulate our JTO members for their victory.Erode SNEA will take up the case immediately after receiving the judgement copy.we insisted circle union and CHQ Treasurer Sri RAJAN to take up the case immediately and issue order to pay the arrears.

ON 4-8-2018 OUR DISTRICT CONFERENCE WAS HELD IN VERY GRAND MANNER.  CIRCLE PRESIDENT COM S. BALASUBRAMANIN CIRCLE SECRETARY G.VALANARASU, CIRCLE TREASURER K.PALANIAPPAN TOOK ACTIVE PART .THE FOLLOWING WERE ELCTED AS OFFICE BEARERS

POST	Name of the Candidate
President	K.R.N. Suresh
Vice president	K.Latha
District Secretary	V. Shanmugam
District treasurer	R.Siva shanmugam
Asstistant District Secretary	1.     G. N. Balasubramaniam
	2.     P.V. Dharmalingam
	3.     R. Saravanamurthi
	4.     S. Selvasudharsanam
Organising Secretary	1.     S. Jaganathan
	2.     M. Ravi
	3.     C. Saravanan
CEC Member	N. Palaniappan