GS HAD WRITTEN TO DIR HR IN VIEW OF FIXATION OF PAY AS PER FR 22 1 A 1 CASE TO THE OFFICATING JTOS. THE LETTER AS BELOW

No: SNEA/CHQ/DIR(HR)/2015-18/103                Dated 10^th October, 2018.

To

Smt Sujata T Ray,                                                        

Director (HR), BSNL Board,

New Delhi.

Sub: Fixation of pay under FR22(1)(a)(1) and its  consequential  benefit on pay revision to the officiating JTOs reg:

Ref:   1. No.3-8/2010-Estt-IV(Pt) dated 18^th Sept. 2018.

2. No. 3-32/2013/Estt-IV dated 22^nd December, 2015.

Respected Madam,

Your kind attention is requested to the following fact on the above subject.

The Screening test qualified TTAs after completing JTO Phase I training were posted as officiating JTO’s since 2003. Pay of this officials were initially fixed at JTO pay scale of 9850-250-14500 (E1A) as per FR 22(1)(a)(1) without the restriction of FR 35 by some of the Circles. Later on, instruction was issued for fixation of pay on their promotion under FR 35 pay restriction. This instruction under FR 35 was challenged by the Association and the matter was under the consideration of various court for more than 10 years. The admissibility of FR22(1)(a)(1) in pay fixation of screening test  qualified JTO phase I training completed officiating JTOs was  considered by various  Hon. CATs, Hon. HIGH COURT of KERALA and finally by Hon. SUPREME COURT. All the Judicial forums has ordered to fix the pay of these officiating JTOs as FR 22(1)(a)(1) without the restriction of FR35. As per the final two judgments from Hon. Supreme Court dated 20.07.2018 in SLP No.19274/18, 19271/18 & 19310/18 and order dated 30.07.2018 in SLP No.19304/18, BSNL decided to extend this benefit of pay fixation under FR 22(1)(a)(1) to all the officiating JTOs since the date of promotion as officiating JTOs as per letter under reference 1 above.  Accordingly, though it is directed to fix the pay on promotion under FR 22(1)(a)(1), it is  also   directed to  revise the pay in terms of 2^nd PRC in accordance with instruction issued as per letter no. 3-8/2010/Pers-IV dated 01.01.2014 and letter no.3-32/2013/Estt-IV dated 22.12.2015 (Letter under ref.2).

As per the letter no.3-32/2013/Estt-IV dated 22.12.2015, it is instructed that at the time of revision of pay, it is to be done with respect to the substantive grade of the official. This will result huge pay loss to the official.  In fact while BSNL has decided to extent the benefit of pay fixation on officiating promotion under FR22(1)(a)(1) in the pay scale 9850-14500 in one hand, it has decided to revise the pay in accordance with 2^nd PRC in the TTA cadre  which will defeat the spirit of Hon. Supreme Court  order which  has upheld  the eligibility of officiating JTOs to get their  pay  fixed as in case of regular JTOs. This will resultantly take way the eligibility of officiating JTOs for JTO pay scale which was upheld by the Hon. Supreme Court. So far different method of pay fixation was followed on promotion on officiating basis and on regular basis for JTOs which was found illegal by Hon. Supreme Court. But now BSNL has decided to follow different yardstick in pay revision in case of officiating JTOs and regular JTOs.

In this connection the following facts are brought to your kind consideration for extending the benefits of pay  revision to these JTOs with respect to the pay to which they were eligible and ordered to be  drawn  by Hon. Supreme Court  in the pre-revised pay scale of 9850-250-14500 .

1. At the time of issuing the order dated 22.12.2015 the applicability of FR 22(1)(a)(1) for officiating JTOs was under challenge and according to BSNL it was subjected to the outcome of court cases. It is presumed that accordingly BSNL has instructed to revise the pay of officiating JTOs with effect from 01.01.2007 in their TTA pay scale. The pay in the TTA pay scale is much less than the pay that they were drawing against the post in which they are actually officiating. While the basic pay in TTA cadre of an officiating JTO was Rs.8300/-, the basic pay drawn by him in the JTO pay scale was Rs.10,100/ as on 01.01.2007. If the pay is revised on 01.01.2007 with respect to TTA pay it will be at 8300*1.688*1.3 is Rs.18220/-(Actual) and 8300*1.782*1.3 is Rs.19230/-(Notional). Since the official is working as a JTO since 2006 and drawing a Basic pay Rs.10,100/ in the pay scale of 9850-14500 he would have eligible for revision of pay with effect from 01.01.2007 with respect to the Basic pay of Rs.10,100/- which he was drawing as on 31.12.2006. The pay revised with respect to the basic pay he was actually drawing would be 10100*1.688*1.3=Rs.22170/-(Actual) and 10100*1.782*1.3=Rs.23400/-(Notional). From this it can be seen that the official will be at a loss of Rs.3950/-(Actual) and Rs.4170/-(Notional) on account of this wrong method of pay revision. This is clear case of discrimination and injustice to the officiating JTOs.

2. The pay of a Regular JTO who  was in service prior to 01.01.2007 and drawing a Basic pay of Rs.9850/- was granted the benefit of pay revision and fixed at Rs.21620/-(68.8%) and Rs.22820/-(78.2%). According to the order dated 22.12.2015 the pay of a JTO (officiating) who was actually working prior to 01.01.2007 in the pre revised scale of Rs.9850-250-14500 at basic pay Rs.10100/- is revised at Rs.19230. Thus a JTO who was drawing higher pay(Rs.10,100/-)than a JTO who was drawing less pay prior to the revision will be getting less pay than a JTO at lower pay consequent on pay revision. This is an anomaly on account of implementation of pay revision which is not envisaged under any rule.

3. Pay commissions are constituted for examining the need for the revision on account of change in average cost of price index (ACPI) and other allied matters under consideration with respect to the pay of an official drawing in a pay scale.  The revision of pay is ordered with respect to the pay scale and pay of the incumbent in the pre revised scale. It has nothing to do with the nature of incumbent, holding the post. Then only the justice and purpose of pay revision will be fulfilled. In the orders issued by DPE OM No.2 (70)08-DPC (WC) dated 26.11.2008 and DOT order No.61-01/2009-SU dated 27^th Feb, 2009 and further endorsed by BSNL by order no.1-50/2008-PAT(BSNL) dated 05^th March, 2009, the pay revision is ordered with respect to the pre revised scale. Accordingly the benefit of pay revision is eligible for all officials working in such pay scales.

4. It is also brought to your kind notice that Non-Executives placed in the Executive pay scale were also granted the benefit of pay revision with respect to the Executive pay scale and pay drawn by them in spite of the fact they continue to perform the duties of Non-Executives as  clarification issued  vide 1-11/2009-PAT (BSNL) dated 31.03.2009.

5. It is also brought to your kind consideration to the fact that though the BSNL management decided to regularize all screening test qualified Phase I trained officiating JTOs, the necessary amendment to the recruitment rule was badly delayed up to 2015. This has necessitated the prolonged officiating of these officers for more than 10 years and resultantly these officers has lost their valuable service as JTOs for their further carrier advancement. As they have already lost their service weightage, in spite of their functioning as JTOs the reduction in pay if implemented in accordance with the order dated 22.12.2015 will result double jeopardy for none of their fault.

6. In some Circles like West Bengal, the pay revision on 01.01.2007 for one section of officiating JTOs are done on the JTO pay scale of 9850-200-14500 whereas for the officiating JTOs who are members of SNEA, the pay revision is done in the substantive pay scale of TTA. This is a clear discrimination. All the officiating JTOs pay revision as on 01.01.2007 should be done on the JTO pay scale of 9850-200-14500 as done for others.

Considering all the above facts it is requested to issue instruction for revision of pay as on 01.01.2007 for the officiating JTOs with respect to the basic pay they were drawing in the pay scale of 9850-14500. It is brought to your kind notice that already these officials were denied their eligible right for pay fixation to which they were eligible for more than 10 years and dragged to legal proceedings resulting huge financial loss to the officials and to the Company BSNL also. A favourable decision on this matter may be taken at the earliest so as to end this controversy and pay loss suffered by these section of officers for last more than 10 years and to avoid further litigation.

With regards,

(Sebastin. K)

Copy to: Shri Saurabh Tyagi, Sr GM(Estt), BSNLCO for information and n/a please.

RETIREMENT FUNCTION FOR SRI S.RANGARAJAN  SDE EAST ERODE ON 1-10-2018 AT TELEPHONE BHAVAN

Details of the discussion with BSNL management on 20.09.2018 on the charter of demands of the agitation programs from 24.09.2018 onwards:

BSNL management invited SNEA for discussions on various issues raised in the charter of demands. GS, CHQ President, AGS and Jt Sec(C) attended the meeting. DIR(HR), GM(SR), GM(Pers) and DGM(Estt) was present from management side.  The discussions continued for more than one and half hours on various issues.

At the outset DIR(HR) informed that BSNL management is taking very serious efforts to implement CPSU Cadre Hierarchy which is already approved by the BSNL Board, to settle E2 & E3 pay scales and other issues and discussion is going on at different level to resolve the issues, the proposed agitation programs from 24.09.2018 is to be avoided. All the genuine demands are getting attention and management is sincerely trying to resolve them. Thereafter discussion started on the various demands:

1. Notify and implement BSNL Executive promotion Policy Amendment & Recruitment Rules, 2017 (CPSU Cadre Hierarchy) w.e.f. 01.07.2018 which is approved by the BSNL Board and solve the huge stagnation in different cadres. Bring Parity and Uniformity in promotions among equivalent cadres of different wings. All the existing vacancies in different cadres like SDE(T), CAO etc shall be filled notionally w.e.f. 29.06.2018 as per the earlier rules.

DIR(HR) informed that management is very seriously working on it. BSNL Board already approved it and management spent more than 2 years to finalise the policy, which is going to benefit all the executives. While approving the new promotion policy, BSNL Board directed to ensure that Govt policies on reservation is followed in the new policy also. This matter is under examination.

Meanwhile the matter come up before the Parliamentary Standing Committee for the welfare of SCs and STs also, along with several other issues. The Committee called the management on 19.09.2018. Initially CMD and DIR(HR) sought exemption from personal appearance due to the Board meeting scheduled for 19.09.18 but later on decided to attend the meeting. The Full BSNL Board meeting scheduled for 19.09.2018 was cancelled for this purpose which reflects the seriousness shown by CMD and DIR(HR) on this issue.

The Committee formed will complete the formalities and submit its final report by next week and thereafter it will be submitted to the competent authority. Management is trying its level best to implement it at the earliest by taking everyone into confidence, DIR(HR) assured.

Comrades, now the issue is moving in the right direction and results are expected without much delay. We are working with the management for the early notification and its implementation.

On promotions, DIR(HR) informed that whatever promotions and upgradations done, it lead to litigations and contempt of court. Court cases increased only. CMD is not at all in favour of any more upgradation. JTO to SDE promotions also will be considered once contempt is withdrawn. On AO to CAO promotion, it was informed that the stay is vacated, the DPC is on and promotion orders can be issued as soon as the legal opinion is received from the Sr lawyer from whom the opinion sought. On our specific request to consider JTO to SDE promotion under SCF, where the seniority can be decided later on, finally DIR(HR) agreed to have further discussion with GM(P) on this matter. However mgt expressed its doubt how promotion can be effected without publishing AIEL? As per HC order, only provisional promotion (same as Adhoc/Offtg/LA promotion which does not give seniority or counting of service) can be given in the ratio 1:1, before publishing AIEL. The contempt case at Ernakulam filed by AIGETOA activists is the major hurdle for JTO to SDE promotion where more than 5,500 vacancies are available.

2. Approval of E2 and E3 pay scales w.e.f. 01.01.2007 replacing the intermediary pay scales of E1A and E2A for all the post 2007 recruited JTO/JAOs, SDE/AOs and equivalent cadres.

DIR(HR) explained the efforts taken by the mgt by deputing BSNL Officers to DPE for explaining the matter to DPE officials. Mgt is committed to E2 and E3 scales and all possible measures will be taken to settle it. CMD will write a DO letter to Secretary in this regard to expedite the approval of E2 and E3.

Assn also informed DIR(HR) and others the continuous efforts taken by it. Assn met the Hon Union Minister for Heavy Industries, Shri Anat Geete and requested his intervention to modify the DPE reply. As per the intervention of the Hon Minister, we are trying to meet the Secretary/DPE in this regard.

E2 and E3 pay scales is the most important HR issue for the BSNL Executives, like the new promotion policy, which is to be resolved at the earliest, we demanded. DIR(HR) assured that CMD and DIR(HR) will work together with the Assn for the settlement of E2 and E3 scales.

3. First Time Bound Financial Upgradation as per EPP-2007, uniformly after 4 years, instead of 4 to 6 years.

We explained the matter to DIR(HR). The JTO/JAOs recruited from 1993 to 2001 got their first TB promotion in 5 or 6 years where as the juniors are getting it after 4 years. This is the anomaly created after the implementation of 2^nd PRC with 30% fitment and 78.2% IDA merger. This anomaly referred to the Khan Committee. Khan Committee recommended CPSU Hierarchy after 5 years by reducing it from 6 years as in EPP. On the same line, recommended the first TB promotion for the earlier rects also after 5 years. But this anomaly can be settled only if the first TB promotion is extended uniformly after 4 years, Assn told. The informations regarding the number of Executives affected are already collected from the Circles. After discussion, GM(Pers) informed that the details will be processed in a couple of weeks and will be submitted to the competent authority.

It is a very positive development as mgt so far reluctant to process the case on the plea that BSNL Board and DoT will not agree for the amendment of EPP with retrospective effect, from 01.10.2004.

4. E1+5 increments for the post 2010 rect JTO/JAOs and equivalent cadres.

The benefit of E1+5 increments is not extended to the thousands of JTO/JAOs rected after 2010. The new rects are getting the pay of Rs 16400 only where as earlier batches are getting minimum E1+5 increments. The pay loss of these JTO/JAOs recruited in 2010(SRD), 2012, 2013, 2014, 2015, 2016, 2017 etc are huge. Thousands of LICE JTO/JAOs also affected and they are also drawing less than E1+5 increments. Even the PO issued by DoT on 28.03.2017 extended Rs 18850. Taking the benefit out of that, E1+5 increments may be extended to the remaining JTO/JAOs recruited after 2010.

Management is very sympathetic to this demand. It was informed that the proposal for E1+5 increments for the JTO/JAOs recruited upto 2014 is pending in the BSNL Board since, 2015. BSNL Board took a stand that it will be approved only after the approval of HR plan. For remaining JTO/JAOs, Board is not ready to consider E1+5 as they are recruited in E1 scale. We strongly objected this as the E1 pay scale is a provisional pay scale and even the pay scales in the RR for JAO, JTO(C/E) etc are still E1A.   

We demanded that as per the PO issued by DoT, E1+5 can be extended. We have to find a way to extend it without notifying the PO issued by DoT, we demanded. Management assured to discuss it further to find some way out, keeping the demand for E2 and E3 scales intact.

5. E1A and E2A scales notionally w.e.f. 01.10.2000 for the JTOs and SDEs in Civil, Electrical, TF, Arch, PA, PS etc and equivalent cadres.

This proposal is already approved by the MC of the BSNL Board and placed before the full BSNL Board for its approval. However DoT objected it stating that E1A and E2A scales can be extended only to those working in the corresponding CDA scales before 01.10.2000. The JEs and AEs were not in that sale on 01.10.2000, so it cannot be considered. The presidential order issued at the time of absorption cannot be altered now, according to DoT. We explained the background and the need to bring parity in the pay scales as on 01.10.2000 for all the equivalent cadres. Moreover the JTOs and SDEs of these streams are working in the same pay scales for a few months which is a serious anomaly. Recently AD(OL) case also settled like that. Finally it was agreed to examine it, whether it can be implemented without altering the PO issued on 01.10.2000, to overcome the DoT objection.

6. Increase the DGM(T) posts, atleast by another 800 for maintaining a ratio 1:4 and filling up all the DGM(T) vacancies on regular basis.

Increase in DGM(T) posts is a demand we raised 1 year back. The number of DGM(T) posts was less, comparing to any other streams. 1331 DGM(T) posts are available against the 5303 AGM posts. Even the available DGM(T) posts, maximum were occupied by the ITS officers on deputation which further affected our limited promotional avenues.

The creation of another 3410 AGM posts recently through upgradation strengthened our demand for increasing the DGM(T) posts atleast by another 800. Now the total number of AGM post is 8713. Moreover, the number of AGMs after implementation of CPSU Hierarchy will be between 8500 to 9500, so naturally the DGM posts is to be increased, we argued the case with full justification.

Finally management in principle agreed to our demand for increasing the DGM(T) posts to maintain a reasonable ratio. It is to be further discussed and worked out whether it can be done through HR plan or through cadre review. It will be a major breakthrough for the cadre after the CPSU Cadre Hierarchy approval. Similarly for other streams also, same ratio will be worked out.

On DGM(T) promotions, BSNL is filed a MA in the Hon CAT to vacate the stay citing the vacation of stay in a similar case, AO to CAO promotion. It is expected to hear on next Monday. The original case is listed for 27.10.2018 only. Once stay is vacated, DPC will be held including the DRDGM vacant posts and promotion orders will be issued.

Comrades, the extensive preparations for the agitation programs by the CHQ and the Circles compelled the management to invite SNEA for negotiation. We had made extensive arrangements for the agitation programs. The response from our activists was so positive, they were solidly with CHQ supporting from all the corners. In addition to CS and CP, large number of activists planned to reach New Delhi from far off places to participate in the agitation. It shows the commitment and conviction of our comrades on the issues. It is a great break thorough, now management assured us to work together to settle the issues in a time bound manner. Congratulations to one and all.

We are extremely grateful to CMD/BSNL, DIR(HR) and other senior officers for the timely intervention to resolve the issues through discussion. Further we are very happy to note that we could do it without going into agitation, through negotiations especially when we are fully involved in the field units for the revival of BSNL. Once again, congratulations to one and all.

 

ERODE EXTERNAL BRANCH MEETING WAS HELD ON 20-9-2018.THE PROBLEM IN BRANCH SECRETAY POST WAS SOLVED AND THE FOLLOWING TEAM  WAS UNANIMOUSLY ELECTED AS OFFICE BEARERS.

PRESIDENT   :COM S. SIVAKUMARAN
SECRETARY  : COM .N. SHANMUGASUNDARAM
TREASURER :COM.M.SUBAIYARAJU
ASST SEC       :COM. N.MEENACHISUNDARAM
VICE PRESIDENT:COM. PADMANABA GANESAN
WELFARE OF LADIES MEMBER: COM. BUVANESWARI

CONGRATULATIONS FROM DISTRICT  UNION FOR THE ELECTED OFFICE BEARERS.

CMD BSNL meets General Secretaries of the major Unions and Associations:

The CMD BSNL held a meeting today, with the major unions and associations.Com. K. Sebastin  GS, SNEA Com. Prahlad Rai, GS, AIBSNLEA , Com. P. Abhimanyu, GS, BSNLEU and , attended the meeting. Com. C. Singh, GS, NFTE is on tour. The following issues were discussed in detail wherein CMD BSNL appraised that a very important HOCC is being held in BSNL CO on 24th & 25th Sept. 2018. In this meeting mainly the developments activities and strategies to earn more revenue will be discussed. 

"BSNL At Your Door steps" will be launched on 24.09.2018: The AUAB has already taken decision to conduct "BSNL At Your Doorsteps" movement, to boost BSNL's revenue collection, by stepping up sales and marketing of the Company. The AUAB has also desired that, this movement should be jointly launched by the AUAB and the Management. This issue was discussed in today's meeting.

Finally, the following decisions are taken.

a.      "BSNL At Your Doorsteps" will be jointly launched by the AUAB.

b.     The inauguration of this movement will take place at BSNL Corporate Office on 24th September, 2018 evening. All the CGMs will also participate in this launching. (HOCC is taking place in Corporate Office on 24th & 25th September, 2018).

CMD BSNL also told that he will try to bring BSNL's Brand Ambassador on this occasion.

CMD BSNL will handover flood relief amount to the CM, Kerala.

The AUAB has already requested the CMD BSNL to deduct one day's basic pay from willing officials. In today's meeting the representatives requested that the deducted amount should be handed over by the CMD BSNL, to the Chief Minister of Kerala.

Allotment of 4G spectrum to BSNL: The representatives expressed their concern over the undue delay in the allotment of 4G spectrum to BSNL and also over the network congestion prevailing in many parts of the country. They drew the attention of the CMD to media reports, which have quoted the Hon'ble MoS(C) as saying that, 4G spectrum would be allotted to BSNL only in December, 2018. The CMD BSNL told that, he is taking all out efforts for the early allotment of 4G spectrum and recently he has again written an emotional letter to Secy(T), DoT for immediate allotment of 4G spectrum to BSNL which has 40 watt Tx capacity whereas BSNL's 2G/3G spectrum is having 20Watt Tx capacity  and this is the urgent need of hour.

Subsidiary Tower Company: The AUAB is opposing the Subsidiary Tower Company tooth and nail. Decision has been taken to stall the Board meeting, and also for total walk out by the Executives and Non- Executives, in case Board meeting is scheduled, for giving approval for the appointment of CMD of Subsidiary Tower Company. This issue came up for discussion today.

Consolidation is taking place in a big way in the telecom sector. All the small operators have closed down their business. After the recent merger of Vodafone and Idea, there are only 4 operators in each circle. BSNL, Jio, Airtel, and Vodafone - Idea. Under these circumstances, there will be very less business for the Subsidiary Tower Company and now it has no relevance to operate tower subsidiary company.  Now there is no sustainability of tower subsidiary company. The BSNL Management has informed this to the government, through it's letter, written a last week only. This was explained by the CMD BSNL in today's meeting.

Outsourcing of passive maintenance of BSNL's towers:The representatives expressed their concern at the outsourcing. The CMD BSNL replied that at present the "uptime" of BSNL towers is only 80% - 85%. The uptime will increase to 97%, due to this outsourcing. Further, BSNL will save Rs.100 crore by way of maintenance expenditures through outsourcing. While the active maintenance of towers would be continued to be done by BSNL, only the passive maintenance, including provisioning  of batteries, engine alternators, diesel, payment of EB bill, etc., would be done by the outsourced party. The total payment for this will be Rs.6633 crores. The CMD BSNL further told that, the cases filed in the Delhi High Court and Supreme Court, against this outsourcing, by vested interests, are already dismissed.

BSNL's 3500 of BSNL CSCs to be used by UIDAI:The CMD BSNL informed that UIDAI has decided to utilise 3500 of BSNL's CSCs for Aadhaar authentication. For this, the UIDAI will give money for Capital Expenditure (CAPEX) and Operational Expenditure (OPEX) to BSNL. The CMD BSNL told that this would help BSNL.

CMD BSNL desired that govt. should allot new projects to BSNL.

Generalization of FR22(1)(a)(1) without the restriction of FR 35 for the officiating JTOs...

Finally BSNL management decided to extend the benefits by generalising it.

 Recently Hon Supreme Court dismissed the SLP filed by BSNL against the Kerala HC judgement. 

DIR(HR) approved the proposal to implement the Hon Kerala HC judgement. The orders will be issued in 

a day or two.-GS

OUR FIRST  EXECUTIVE MEETING WAS CONDUCTED ON 4-9-2018 17:00 HOURS AT T/B.
 A/C SUBMITTED AND MADE OVER TO NEW TREASURER.

DELEGATE ELECTION WAS CONDUCTED AND V.SHAMUGAM, G.DURAI, G.N. BALASUBRAMANIAN ELECTED UNANIMOUSLY.

 POWERS DELEGATED TO DS TO CONDUCT EXTL BRANCH MEETING AND ELECT BS.


GM OFFICE BRANCH SECRETARY POSITON WILL BE CLARIFIED BY CWC MEMBER

LOCAL TRANSFER ISSUE DISCUSSED