BSNL

BHARAT SANCHAR NIGAM LIMITED
[A Government of India Enterprise]
Corporate Office, Taxation Section

First Floor, Bharat Sanchar Bhawan
Janpath, NewDelhi-110 002
Dated: 18.02.2020

No.48-2 / 2021-Pen (B)

To

All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores /Telecom Factories & Other Administrative Offices
Bharat Sanchar Nigam Limited

Sub: Grant of annual increment falling due on the next day of superannuation/ retirement, for the purpose of pensionary benefits – Guidelines regarding.

Sir,

Of late, this Office has been receiving many Court Cases as well as letters from various Telecom Circles seeking guidelines for disposal of representations received from retired employees, regarding grant of national increment falling due on the next day of superannuation/ retirement etc. for the purpose of pensionary benefits.

2. . In this regard , I am directed to forward herewith DOP&T O.M . No. 19/2 /2018-Estt (Pay-I) dated 03/02/2021 , along with its enclosures, with regard to grant of notional increment for pensionary benefits in pursuance of the judgement dated 15/09/2017 of Hon ‘ble High Court of Madras in W. P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs. Union of India & Ors.

3. DOP&T vide its aforesaid O.M has mentioned that the judgment dated 15/09/2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P.Ayyamperumal Vs Union of India & Ors is in personal in nature. In this regard, a brief note reflecting the Government’s stand on the instant issue has been attached as Annexure-1.

4 . Further, it has been mentioned that in a similar case, the Hon ‘ble Supreme Court, vide judgement dated 29/03/2019, while dismissing the SLP (C) Dy. No. 6468/2019 filed by DOT against the judgement dated 03/05/2017 of Hon ‘ble High Court, Lucknow Bench in W .P. No. 484 /2010 in the matter of UOI & Ors. Vs. Sakha Ram Tripathy & Ors., has inter alia, observed the following :

” There is delay of 566 day s in filing the special leave petition. We don’t see any reason to condone the delay. The Special leave petition is dismissed on delay, keeping all the questions of law open.”

5. Since the question of law on the instant issue is open and not yet decided, the decision for implementation of the judgment dated 15/09/2017 of Hon’ble High Court of Madras in W .P. No. 15732 of 2017 in Shri P. Ayyamperumal case, in rem has not been taken.

Court cases for granting notional increment for pensionary benefits in pursuance of the judgement dated 15.09.2017 of Hon’ble High Court of Madras in W.P. No. 15732 of 2017 in the case of P. Ayyamperumal Vs Union of India

5. Accordingly, all the Telecom Circles/ Other Administrative Units/Cadre Controlling Units of BSNL Corporate Office are requested to dispose of the grievances/ representations received from various retired employees of BSNL in the light of the aforesaid guidelines issued by DOP&T. Further, where Court Cases have been filed by the retired employees in various Courts of Law, for grant of notional increment after retirement for pensionary benefits, it is, requested to defend these Courts cases in the above light and also to suitably incorporate the guidelines issued by DOP&T vide it’s O.M. dated 03/02/2021 while preparing the Counter Reply in such cases. Further, since the issue involves grant of pension and pensionary benefits, all the Telecom Circles/Administrative Units are requested to consult the concerned CCA Unit, while defending the Court Cases pertaining to their respective Circle/ Unit.

This issue with the approval of the Competent Authority .

Enclosures: As above .

Yours faithfully,

(Sudhanshu Shekhar Ray)
Asstt. General Manager (Estt)

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BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)

F.No: BSNLCO-A/11 (11)/2/2020-ESTAB

Dated: 30th July, 2020

To,

All Heads of Telecom Circles &
All Heads of Other Administrative Units,
Bharat Sanchar Nigam Limited

Sub: Instructions w.r.t. Operation & Maintenance and functioning of the Administrative Offices in view of the spread of COVID-19 pandemic in India.

Sir,

The undersigned is directed to refer to this office instructions vide letter no. BSNL CO­A/11(11)/ 2/2020-ESTAB dated 21.05.2020 on the above cited subject and to state that Telecom being an essential service, field units of BSNL handling the operation & maintenance of services are already working in full capacity. However, with regard to circle offices the instructions were issued vide this office letter referred above that all employees of ES & above level shall attend the office on all working days and the employees below ES were called on alternate days as per roster ensuring 50% attendance.

2. Now, the competent authority has reviewed the above instructions and it has been decided that w.e.f. 01.08.2020 all Circle offices of BSNL shall also work with full attendance. However , social distancing norms like staggering of working hours may be followed on need basis .

3. Further, the employees residing in declared Containment zone who are not able to attend office may inform their controlling officers and Work from Home during the notified period.

4. Other instructions of MHA and MoH&FA, Govt. of India issued from time to time with regard to exempted category of employees / containment of the spread of COVID-19 related to maintenance of Social distance at workplaces etc. may be scrupulously followed.

5. This is issued with the approval of competent authority .

Your faithfully,
(Keshav Kumar)
Asstt. General Manager (Estt.I)

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Most Immediate
Court Case

Corporate Office
Pension Section, 5th floor Bharat Sanchar Bhawan
H.C. Mathur Lane, New Delhi- 110001

No.38- 17/2019- Pen(B)

Dated : 09 -07-2020

To

All Heads of Circles/ Telecom Districts/ Regions/ Projects/
Telecom Stores/ Telecom Factories & Other Administrative Offices
Bharat Sanchar Nigam Limited

Sub: Instructions regarding timely release/ payment of Gratuity (DCRG) for avoiding payment of interest on delayed payment of Gratuity – reg.

Sir,

Of late, it has come to the notice of BSNL Corporate Office that in many cases different Courts of f Law have directed UOI/ BSNL for payment of  interest on delayed payment of Gratuity ( DCRC) to the applicant, which have resulted in huge financial burden on BSNL. These cases had been caused due to unnecessary delay in releasing/ payment of Gratuity (DCRG) to the employees by the Circles.

Also check: BSNL Latest News 2020 – Rates of Memento, Shawl and Cash gift for retired BSNL employees

2 . In this regard, it is intimated that in case of retirement of an employee, Gratuity (DCRG) is to be released/ paid immediately to the retired employee. As per GOl Decision (2) under Rule 68 of CCS ( Pension) Rules, 1972 , where the payment of DCRG has been delayed beyond three months from the date of retirement, an interest at the rate applicable to GPF deposits is to be paid to retired / dependants of deceased Government servants. However, of late it has been observed that various Telecom Circles of BSNL are withholding/ delaying the release/ payment of Gratuity on the pretext of pendency of disciplinary proceedings against the concerned BSNL employee, citing instructions given vide Rule 9 of CCS (Pension) Rules, 1972 .

3. In this regard, it is intimated that as per Rule 9 of CCS (Pension) Rules, 1972, the President reserves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period , and or ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government , if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service. However , as per GOI Decision (6) under Rule 9 of CCS ( Pension) Rules, 1972, minor penalty proceedings have no effect on pension . Further, various instructions under GOI Decision (10) under CCS ( Pension) Rules, 1972 clearly explains the situations under which pension/gratuity cannot be withheld.

4 . It may be seen from the above that the main purpose of withholding pension and/ or gratuity is for recovering pecuniary loss caused to the Government/ BSNL. Hence, withholding the Gratuity in the cases should be done judiciously and as per the provisions of rules only and not as a matter of routine.

Also read: Extension of Revalidation of BSNL MRS Card for BSNL Retired employees

5. Further, it has been observed in many instances that the concerned Circles are not taking up the matters immediately with the BSNL Corporate Office, where the decision of the Courts of Law have gone against the Government/ BSNL in the cases involving BSNL employees. Had the Circles taken up the matters immediately with the BSNL Corporate Office, appropriate remedial measures could have taken/appropriate instructions could have been issued on the matter.

6. Accordingly, it has been decided that in the cases where any Court of Law directs for payment of interest on delayed payment of Gratuity, action might be taken for recovery of the said amount from the Officers/ Officials responsible for the delayed release/ payment of Gratuity, in addition to initiation of disciplinary action against them.

7. Hence, All Heads of Telecom Circles/ Other Administrative Units/ Cadre Controlling Authorities in BSNL Corporate Office are requested to release/ pay the Gratuity (DCRG) to the retired employee, without any delay. Further, the Circles arc requested to take up the matter immediately with the BSNL Corporate Office, where the decisions of the Courts of Law have gone against the Government/ BSNL in the cases involving BSNL employees.

Yours faithfully,

(Keshav Kumar)
Astt. General Manager (Estt.-1)
Tele. No. 011-23037477

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BHARAT SANCHAR NIGAM LIMITED
(A Govt. of India Enterprise)
Corporate Accounts Section
1st Floor, Corporate Office
Harish Chander Mathur Lane
Janpath New Delhi- 110001

F.NO. 500-163/2019-20/ CA-III/BSNL

Dated: 08.04.2020

To

CGMs and IFAs
All Territorial and Non-Territorial Circles,
Sr GM Estt, PGM Pers & DGM R&P BSNL CO

Sub: Instructions regarding Payment of VRS dues – Validation & Compliance

In continuation of even numbered letters issued on the cited subject, following instructions are issued for strict compliance:

• Notwithstanding the position that the amount of ex-gratia and leave encashment payable to the retirees of BSNL VRS – 2019 scheme, has been verified by the circles, it is requested to do the checking of the master data of the employees towards eligible service, eligible number of leaves, their vigilance clearance status etc once again duly keeping in view the PPOs issued by CCA and underlying information thereto.
• It is required to prepare (and keep in records) a proper statement of the amount recoverable, and recovery made on account of dues (towards Loans, advances, Pay and allowances recoveries, other recoveries etc) from the BSNL VRS-2019 retirees against the Ex-gratia, and Leave Encashment payout. The amount recoverable and recovered should be duly validated for any errors and omissions.
• Establishment section has already communicated the SOP for BSNL VRS 2019, with the format of report to be submitted to DoT on Ex-Gratia. Kindly ensure that the reports / compliances in the Format given in Annexure A, B & C of the DOT letter No. 1/VRS/BSNL/2019/Accounts/TA-I/170-198, dated 16.01.2020 are duly submitted to the respective CCA.
• The second / subsequent instalment of the Ex-Gratia shall be paid as and when further funds and instructions are received from DoT. Therefore, you may please do the necessary preparations, well in advance so that the payout can happen without delay, as and when the funds are received in this regard.
• May kindly note that the activity needs to be completed by 14.04.2020.

Also check: No move to reduce the retirement age of central government employees to 50 years

This has been issued with the approval of the competent authority.

Surajit Mandol
Sr GM (CA & ERP)

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BSNL

Bharat Sanchar Nigam Limited
(A Govt. of India Enterprise)
Corporate Office
[Estt.-IV Section]

No. 273-18/2013/CGA/Estt-IV

Dated/13-08-2018

To
All Heads of Telecom Circles
Bharat Sanchar Nigam Limited.

Subject: Clarification on Compassionate Ground Appointment -reg

The undersigned is directed to say that several instances have been reported in this office from different Telecom Circles wherein it has been requested for reply of the following queries:

1. If at the time of death of BSNL employee, son/daughter of deceased employee is minor & he/she applies for CGA after attaining the age of 18 year then the period of belated request to be counted from date of death or date of attaining the age of 18 years for awarding the negative points in weightage point system.

2. If the family of deceased employee does not have own house & living in relative’s house & not paying any rent for this house then the 10 points of accommodation can be awarded or not in weightage point system.

In this connection, the point wise reply of the above said queries has been given below as:

1. If at the time of death of BSNL employee spouse is alive and she is waiting for his/her son/daughter to become 18 years of age then belated points may be deducted. However, if spouse of ex-official had already expired or expires within 5 years from his/her death then belated points may not be deducted for son/daughter when he/she applies for his/her own CGA after attaining the age of 18 years.

2. Weightage points for Accommodation can only be given if the applicant submits rent receipt.

(Parimal Kumar)
AGM (Estt.-IV)
QE: 23734152 I: 23734051

Source: BSNL

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BHARAT SANCHAR NIGAM LIMITED
(A Govt of India Enterprise)
BSNL Corporate Office
Pension Section, 5th floor,
Bharat Sanchar Bhawan
H.C. Mathur Lane, New Delhi-110001

No.31-13/2017-Pen(B)
Dated: 14/12/2017

To

All Heads of Circles/Telecom Districts/Regions/
Projects/Telecom Stores/ Telecom Factories
and other Administrative Offices
Bharat Sanchar Nigam Ltd.

Sub: Clarification regarding date of effect of retirement in case of Voluntary Retirement.

Sir,

I am directed to forward herewith a copy of letter No. 40-27/2017-Pen(T) dated- 04/12/2017 received from Under Secretary, DoT alongwith a copy of notification dated 21/ 12/2012 issued by DOP&PW.

2. DoT in their above referred letter has clarified that Rule 5 (2) of CCS (Pension) Rules, 1972 previously included a proviso as per which the date of retirement in case of a Government Servant who is retired prematurely or who retires voluntarily, shall be treated as a non-working day has been amended by DoP&PW and omitted the proviso with effect from 01/01/1996 by a notification dated 21/ 12/2012 issued by DOP&PW. Consequently, for all cases of retirement, the last day shall be treated as a working day.

3. Accordingly, the modifications issued by DOP&PW notified on 21/ 12/2012 may be considered while issuing orders of voluntary retirements.

Encls: A.A.

Yours faithfully,
(S.P. Bhatta)
Asstt. General Manager (Estt.I)

Source: www.bsnleuchq.com

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Bharat Sanchar Nigam Limited
(A Government Of India Enterprise)
Corporate Office
(Pension Section)
5th Floor, Bharat Sanchar Bhawan, Janpath, New Delhi – 110 001

No.40-6/2011-Pen(B)

Dated: 24-03-2017

To
All Heads of Circles/Telecom Districts/Regions/Projects/Telecom Stores/Telecom Factories & Other Administrative Offices Bharat Sanchar Nigam Limited

Sub: Delay in pension revision allowing the benefit of merger of 50% DA/DR with Basic Pay/Pension to 78.2% DA/DR for BSNL Pensioners/Family Pensioners,who retired prior to 10-06-2013 – regarding.

Sir,
I am directed to forward herewith D.O.No.7-1/2013/TA-1/17/Pt./760 dated 07-03-2017 received from Member (Finance)-I/C, DOT, on the above mentioned subject, along with status of pension revision cases pending BSNL Unit-wise.

2. As directed by DOT in the aforesaid letter, all the Circles are requested to adhere to the timeline specified therein and submit complete pension papers and service books to the respective CCAs.

Encl: As above.

Yours faithfully,

(S.P.Bhatta)
Asstt.General Manager (Estt.I)
Tele.No.23037477

Prahlad Singh
Member (finance)-I/C
Tel No.23716161
Fax 23715762

Government Of India
Ministry Of Communications and
Information Technology
Department of Telecommunications

Sanchar Bhawan, 20, Ashok Road,
New Delhi – 110 001

Member (Finance) Telecom commission &
Ex-Officio Secretary to Govt. of India

D.O.No.7-1/2013/TA-1/17/Pt./760
Dated: 7th March,2017

I would like to bring to your attention the delay in the pension revision allowing the benefit of merger of 50% DA/DR with Basic/Pension to 78.2% DA/DR for BSNL pensioners/family pensioners, who retired prior to 10.06.2013. Though, the revision in all cases was to be completed by 31.12.2016 as per DoT HQ letter No.40-13/2013-Pen (T) dated 18.07.2016, there is still a huge pendency as on date and the BSNL employees welfare unions have been approaching DoT asking for early settlement of the same.

On review, it is seen that some units of BSNL are sending incomplete papers or are yet to send many of the cases to the CCA offices while there is also pendency in some of the CCA units also (copy of pendency status is enclosed). To complete the task in a structured time frame, concerted efforts both by the BSNL units and CCAs office is required. Target dates both for submission of pension papers and issue of PPOs has now been reviewed both for BSNL and CCA units, which is to be strictly complied to as per the timelines given below.

You are requested to kindly give your personal attention for compliance of the target dates by the BSNL units, from you end.

with regards
Yours sincerely
Sd/-
(Prahlad singh)

Status of Revision of pension of BSNL Pensioners/Family Pensioners who retired prior to 10.06.2013 by allowing the benefit of merger of 50% DA/DR with Basic Pay/Pension effectively amounting to 78.2% DA/DR for the purpose of fitment. (as on 01.03.2017)

Signed Copy

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 Bharat Sanchar Nigam Limited
(A Govt. of India Enterprise)
Corporate Office
Bharat Sanchar Bhawan
H.C.M.Lane, New Delhi – 110 001.
(PAT SECTION)

CIRCULAR No.46

No. 14-1/2012-PAT(BSNL)

Dated the July, 2014

Sub: Board level and below Board level posts including non-unionised supervisors in Central Public Sector Enterprises (CPSEs) – Revision of scales of pay w.e.f. 01-01-2007 – Payment of IDA at revised rates regarding.

The Department of Public Enterprises OM. No.W-02/0002/2014-DPE(WC)-GL-XII/14 dated 3rd July, 2014 on the above mentioned subject for revised IDA rates @ 91.3% w.e.f. 01-07-2014, is sent to all concerned for information and necessary action please.

Encl: As above.

sd/-
(A. Sinha)
Assistant General Manager (Estt.-I)

Source:-http://www.bsnleuchq.com/IDA%20new0001.pdf

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BHARAT SANCHAR NIGAM LIMITED
CORPORATE ACCOUNTS SECTION,
1st Floor, Bharat Sanchar Bhawan,
H C Mathur Lane, Janpath,
New Delhi — 110 001
(A Govt. of India Enterprise)

No. 500-571135NLI2011.121CA IV/ Vol V-Part1

Date: 14.03.2014

ToThe CGMs,
All BSNL circles

Sub: – Pension Contribution & Leave Salary Contribution of BSNL employees deputed in DoT-reg.

As per the FR no, 111, the borrowing organization is required to pay Pension Contribution & Leave Salary Contribution to lending organization. This will be applicable to BSNL officials working in the units of DoT namely TERM cell, CCA & DoT itself.

Further as the pension paying authority for BSNI. officials is DoT & it is also the borrower, it has been decided by BSNL management that Pension Contribution for BSNL officials working in DoT units/DoT shall not be transferred to DoT.

However, a schedule showing the list of employees posted to DoT units/DoT with their total Pension Contribution which has been paid by BSNL for the period of their deputation shall be submitted to DoT unit/DoT to which Pension Contribution is to be paid under acknowledgement.  Requisite entry in the service book of the official may also be made to this effect.

Leave Salary Contribution shall also be claimed from the DoT/DoT units in respect of BSNL officials on deputation in DoT/DoT units from the date of their deputation. Henceforth monthly claim shall be made in this respect.

This issues with the approval of the competent authority.

sd/-
(Rajeev Singh)
GM (CA)

Source: http://www.bsnleuchq.com/pension%20contribution.pdf

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