BSNL EMPLOYEES UNION

Recognised Union in BSNL (Registered Under Indian Trade Union Act 1926. Regn.No.4896) CHQ:Dada Ghosh Bhawan, Opp. Shadipur Bus Depot., New Delhi 110008 Email: chqbsnleu@sify.com, website: bsnleuchq.com
P. Abhimanyu General Secretary Phone: (O) 011-25705385 Fax: 011- 25894862

BSNLEU/204 (NC) To Shri N.K. Narang, PGM (SR), BSNL C.O., Bharat Sanchar Bhawan, Janpath, New Delhi 110 001

19.04.2012

Sub: Items for discussion in the 27th Meeting of National Council submitted S ir, I am submitting herewith items for discussion in the 27th meeting of the National Council. It is decided at the time of the last National Council meeting, held on 27.02.2012, that the next meeting of the National Council will be held on 24.05.2012. Hence, I request you to kindly ensure that the next National Council meeting is held on 24.05.2012. Thanking you, Yours sincerely,

(P.Abhimanyu) General Secretary, BSNLEU, & Secretary, Staff Side, National Council

Encl: AA

Items for 27th National Council

1. Wage Revision for Non-Executives in BSNL with effect from 1-1-2012
The previous wage revision for the non-executives in BSNL was implemented with effect from 11-2007, based on the DPE guidelines in force. As per the DPE order No.2(7)/06-DPE(W C)-GL VI dated 01-05-2008, the Administrative Ministries/Departments concerned with the CPSEs can take a decision on a case by case basis for the periodicity of wage settlement below 10 years but not less than 5 years, with the approval of their Minister. This order was with reference to the wage revision effective from 1-1-2007. The wage revision agreement signed by the BSNL management and the representative union on 07-05-2010 for revising the wages of the non-executive employees with effect from 1-1-2007 did not specify any periodicity for the said wage revision and only mentioned that the period of the validity of the said agreement would be co-terminus with the period of wage revision of executive employees of BSNL. In this connection it is submitted that in the case of Coal India, five year wage revision is being implemented and the wages of the employees of Coal Industry have been revised with effect from 1-7-2006 previously and again from 1-7-2011 now. Hence it is requested to cause necessary action for initiating the process of wage revision with effect from 1-1-2012 on the basis of 5 year periodicity, both for the non-executives and executives in BSNL.

2. Merger of 50% DA with basic pay

The IDA (Industrial Dearness Allowance) for the employees of the CPSEs including BSNL whose wages were revised with effect from 1-1-2007 has crossed the 50% limit of the basic pay with effect from 1-10-2011 when it reached 52 per cent of the basic pay from the previous 47.2%. It is therefore requested to cause necessary initiative for settling the issue of merger of 50% DA merger with basic pay with all consequential benefits, with effect from 1-10-2011.

3. Revision of allowances and perks

As per the W age Revision Agreement signed by the management and the representative union of non-executives in BSNL, it was agreed to continue the existing rates of transport allowance, transport allowance for physically handicapped, TA and DA, Hotel rates, OTA would be continued and a review would be made on 1-1-2012. It is therefore requested to hold a meeting immediately with the representative union to consider the issue of revision of these allowances with effect from 1-1-2012.

4. Bonus / PLI evolving a new formula

As per the clause 4 of the W age Revision Agreement signed between the management and the representative union, for revising the wages w.e.f. 01.01.2007, a new scheme for Bonus/PLI has to be worked out through negotiations between management and recognized union. It is requested to cause necessary action for initiating the negotiation.

5. Restoration of Medical Allowance, LTC & LTC leave encashment

Vide BSNL C.O. No. 7.8/2010/EF/Part/1 dated 5-9-2011 the facility of Medical allowance for outdoor treatment without vouchers was stopped w.e.f 1-10-2011. The facility of leave

encashment for L.T.C (All India and Home Town) was withdrawn and All India LTC was frozen for two years. Vide BSNL C.O. No. BSNL/7-14/SR/2011 dated 13-12-2011, the following assurance was given to the JAC:3.4 Restoration of Medical Allowance, Leave encashment and LTC: on the issue of Medical Allowance, Director (HR) mentioned that the company has taken certain measures with a view to tide over the current financial crisis. However, he agreed that the same can be reviewed after two quarters. Since the two quarters were over by 31-3-2012, it is requested to restore these facilities.

6. Clarification regarding fixation of pay under FR 22 (i) (a) (ii) for the upgradations after 01.01.2007 & its effect on the promotions under NEPP
Vide BSNL CO. No.1-4/2011-PAT(BSNL) dated 05.04.2011 it was clarified that for promotions after 01.01.2007 which were granted under FR 22 (i) (a) (2), the pay has to be fixed in the revised pay scales without granting the 3% notional increment on account of promotion. This clarification is not proper since the FR 22 (i) (a) (1) or FR 22 (i) (a) (2) lost their relevance and 3% increment has to be added without any reference to the classification of such promotion as to whether it involves higher responsibility or not. The wage revision agreement signed between the management and the representative union for revision of pay scales for nonexecutives with effect from 01.01.2007 did not stipulate any such classification of promotions and also the NEPP scheme is not supporting such a classification. Hence such a unilateral clarification violating the W age Revision Agreement has to be withdrawn and we request for it, allowing 3% increment on any kind of promotion / upgradation after on or after 01.01.2007. In view of the W age Revision Agreement and consequent order allowing 3% increment in fixing the pay on account of any promotion, some officials have opted for treating the BCR they got after 01.01.2007 as the first upgradation under NEPP. An official of Ernakulam SSA in Kerala circle who was promoted as Telecom Mechanic in 2002 was again granted BCR scale in May 2009 by counting the service in his previous cadre. He opted for continuing in OTBP/BCR scheme since it would be more beneficial to him, since he got 3% increment benefit in the pay fixation. He retired on 31.03.2011. But in view of the clarification issued vide reference 1 cited above, after his retirement, his basic pay and pension were reduced. Such reduction in pay and pension of the official was due to the said clarification of BSNL which was against the wage revision agreement and order. It is therefore requested to cause orders for withdrawing the said clarification and for granting 3% increment while fixing the pay in the case of any promotion / upgradation on or after 01.01.2007.

7. Modifications to the order for allotment of quarters to BSNL/DoT retirees

BSNL issued orders for allotment of quarters to the retirees vide its letter No.482-16/2007-BG dated 30.12.2011. However, we request for two modifications in this order: (i) As regards the rent payable by the BSNL/DoT retirees, it is as per the provisions of the BSNL letter No.482-16/2007-BG dated 01.09.2011. According to this, the rent to be paid by the BSNL/DOT retirees has to be calculated, based on the average of the minimum and maximum of the pay scale. In this regard, it is submitted that calculation of the rent on the basis of the average of the minimum and maximum of the pay scales, in respect of the retirees, is inappropriate, since they receive only pension and not salary based on any pay scale. Further, the rent thus calculated is exorbitant, which the retirees will be unable to bear.

Hence, it will be appropriate that the rent is calculated based on the basic pension that a retiree receives. Hence it is requested to issue necessary modification to the order, so that the rent payable by a BSNL/DoT retiree is calculated based on his/her basic pension. (ii) Another aspect of the order, which requires modification is that, the stipulation that the retiree has to obtain the guarantee of one serving BSNL/DoT employee. This stipulation is a very difficult one, since it is not easy to obtain the guarantee of a BSNL/DoT serving employee. Any serving employee will normally be not willing to stand as a guarantor for a retiree. As a result, many deserving retirees may not be able to get the quarters allotted, for want of a guarantor. This condition is superfluous for the following reasons:(i) According to the said order, the BSNL/DoT retiree who is willing to take the quarter should pay an advance, equivalent to 3 months rent, as security deposit. (ii) As per the terms and conditions of this order, the allottee has to vacate the quarters on 2 months notice. Both the conditions cited above, sufficiently take care of the interests of the company. Thus, there is no necessity for a retiree to obtain a guarantor, who is a serving BSNL/DoT employee. Hence, it is requested to waive this stipulation.

8. Non-Executive Promotion Policy (NEPP). Cancellation of grading criteria Average entry in ACR with retrospective effect.
According to para 4.2 of order no: 27-7/2008-TE II dated 23.3.2010 under up-gradation criteria, fitness for up-gradation to the next higher non-executive grade under NEPP is on the basis of performance rating of ACRs/APARs of previous 5(five) years. The criteria laid down in para 4.3 to assess the fitness of eligible non executive official is as under: Scale NE1 - NE2; NE2 - NB3} NE3 - NE4; NE4.- NB5} NE5 NE6, NE6 NE 7} NE7 NE8 } NE8 NE9, NE9 - NE10} NE10 NE 11 } Category OC SC/ST OC SC/ST OC SC/ST Criteria No adverse, not more than 4 average No adverse. No adverse, not more than 2 average No adverse, not more than 3 average No adverse, not more than 1 average No adverse, not more than 2 average.

Average which is not an adverse entry has been taken as a grading to assess fitness of an employee. In other words, only those candidates who had 'Good or Very good' entries in their Annual Confidential Reports (ACRs) for the last five years would be considered for promotion under NEPP. Quite a lot number of employees have been denied and are being denied the upgradation to next higher scale on this count alone. Since the entry in ACR as Average is not considered as adverse, as per standing instructions and orders on the subject it was not communicated to such individuals who were now deprived of the opportunity of up-gradation. Thus the opportunity of making a representation and if that representation was allowed he would have also become eligible for the present up-gradation under NEPP. the rules of natural justice have been violated in the case of individuals who are now affected. In its judgement dated 12.5.2008 in the case of Dev Dutt Vs Union of India, the Honourable Supreme Court has delivered the judgement as under:

In our opinion, non-communication of entries in the Annual Confidential Report of a public servant, whether he is in civil, judicial, police or any other service (other than the military), certainly has civil consequences because it may affect his chances for promotion or get other benefits (as already discussed above). Hence, such noncommunication would be arbitrary, and as such violative of Article 14 of the Constitution. In view of the above, we are of the opinion that both the learned Single Judge as well as the learned Division Bench erred in law. Hence, we set aside the judgment of the Learned Single Judge as well as the impugned judgment of the learned Division Bench. We are informed that the appellant has already retired from service. However, if his representation for up-gradation of the `good' entry is allowed, he may benefit in his pension and get some arrears. Hence we direct that the 'good' entry of 1993-94 be communicated to the appellant forthwith and he should be permitted to make a representation against the same praying for its up-gradation. If the up-gradation is allowed, the 22 appellant should be considered forthwith for promotion as Superintending Engineer retrospectively and if he is promoted he will get the benefit of higher pension and the balance of arrears of pay along with 8% per annum interest. We, therefore, direct that the 'good' entry be communicated to the appellant within a period of two months from the date of receipt of the copy of this judgment. On being communicated, the appellant may make the representation, if he so chooses, against the said entry within two months thereafter and the said representation will be decided within two months thereafter. If his entry is upgraded the appellant shall be considered for promotion retrospectively by the Departmental Promotion Committee (DPC) within three months thereafter and if the appellant gets selected for promotion retrospectively, he should be given higher pension with arrears of pay and interest @ 8% per annum till the date of payment. Since no such opportunity was given to those officials who have now been denied the upgradation under NEPP, it is demanded: To deem all officials on roles prior to 23.3.2010 as fit for up-gradation to next higher scale under NEPP and fit them in the respective level higher scale they are entitled to, since the purpose of an entry in ACR is primarily to forewarn the employee and mend his ways to improve his performance. To communicate Average entries in ACR subsequent to 23.3.2010 to the officials to make representations and thus provide opportunity to explain his conduct as to show that the average entry is was uncalled for.

9. Declare 2nd Saturday in every month as holiday for the operative staff.

At present 2nd Saturday in every month is a holiday for the staff working in Circle/SSA Offices. It is requested to extend this facility to all the BSNL staff.

10. Fees for supplying the certified copy of service book to the BSNL employees serving/retired.
As per the rule 257 of GFR, the fee of Rs.500/- has to be collected from the employee for providing a certified copy of the service book. But if asked under RTI Act, it hardly costs Rs.200/at the rate of Rs.2/- per page and the market rate per page stands at Rupee one or less. In the past only a nominal fee of Rs.5/- was collected for providing the service book copy, as per MoF O.M. No.F-12(16)E-IV/6 dated 09.05.1961. It is requested that this may please be reviewed and the fee be reduced appropriately.

11. Counting of service paid from contingencies for pension and DCRG.
As per MoF No.F.12(1) -EV/68 dated 14.05.1968, 50% of the service paid from contingencies has to be allowed for counting towards pension at the time of absorption in the regular employment subject to the following conditions: (a) Service paid from contingencies should have been in a job involving whole-time employment and not part-time for a portion of the day. (b) Service paid from contingencies should be in a type of work or job for which regular posts could have been sanctioned e.g. mails, chowkidars, Khalasis etc. (c) The service should have been one for which the payment is made either on monthly or daily rates computed and paid on monthly basis and which though not analogous to the regular scale of pay should bear some relation in the matter of pay to those being paid for similar jobs being performed by staff in regular establishment. (d) The service paid from contingencies should have been continuous and followed by absorption in regular employment without a break. (e) Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies will be limited to the period after 01.01.1961 for which authentic records of service may be available. Further, in continuation of this order, the DoP&T issued order No.12011/1/85-Estt.(C) dated 10.03.1986, as per which it was decided that all the service paid from contingencies would be counted for the purpose of terminal gratuities as admissible under the CCS(TS) rules, 1965, where the staff paid from contingencies would be subject to the conditions laid down in the MoF No.F.12(1) -EV/68 dated 14.05.1968. It is therefore, requested to cause necessary orders for implementing these orders of the government.

12. Pay scale upgradation of Official Language Cadre in BSNL.

Official language posts (Jr. Hindi Translator, Sr. Hindi Translator & Rajbhasha Adhikari etc.) are created and filled up as per norms fixed by Department of Official Language, Ministry of Home Affairs. Based on the report of 6th Central Pay Commission, Department of Expenditure has recommended the pay scales of Jr. Hindi Translators, Sr. Hindi Translators & ADOL as Rs. 6500/- 7500/- and Rs. 8000/- respectively vide Deptt. of Expenditure, Ministry of Finance GOI F.No. 1/1/2008-IC dated 24.11.2008. All Ministries/Departments have implemented these pay scales in their field units. Deptt. of Telecom. has also implemented these pay scales and forwarded the above orders to BSNL vide No. 1-5(1)/2/08-PAT dated 11.02.2009 for implementation. But BSNL has not revised the pay scales of Official Language staff working in BSNL. The Courts have also delivered judgements in favour of the OL Cadre. BSNL has turned down the recommendations of 6th CPC on the plea that the same is not applicable in BSNL. It is pertinent to mention here that BSNL is following the rules & regulations regarding implementation of OL policy as per the Govt. of India instructions and also giving the corresponding pay-scales to the OL cadre working in BSNL. But the pay scales given at present are as per 5th CPC recommendation, whereas 6th CPC has recommended the upgraded pay scales to this cadre, which have been implemented in all the Ministries/Departments/PSUs and field units. The pay anomaly between CSOL and field unit staff as per 5th CPC recommendation has now specifically been removed by the 6th CPC and this cadre in all over India, except BSNL, is enjoying the upgraded pay scales. In view of the facts submitted above, it is requested to revise the pay scales of these cadres accordingly.

13. Maintenance of staff quarters.

The maintenance works of staff quarters in several basis are not being carried out since last several years there by resulting in severe hardships to the residents. But at the same time HRA is not being paid to the allottee and license fee is being recovered. It is suggested that suitable percentage of the amount deducted from the allottee by way of non-payment of HRA and collection of license fee be allotted for maintenance of the staff quarters and the SSAs be allowed to carry out these works by utilizing this amount, without the necessity of further allotment by the higher authorities.

14. Certificate to be taken from the SSA for the completion of works by Electrical and Civil Wings.
To avoid misappropriation of funds without doing the work, it requested that orders be issued for obtaining a certificate from the concerned SSA for attesting the fact of completion of the work by the Civil / Electrical wing.

15. Provision of pre-paid SIM with a talk time of Rs.200/- pm to Non-Executives problems faced.
Orders for issued vide BSNL No.2-22/2002-PHA dated 16.01.2012, for providing prepaid SIM with a talk time of Rs.200/- pm has been issued to the TMs, RMs performing outdoor duties and select Non-Executive employees on the basis of functional need. Further the provision of 94 level is barred and SMS are not allowed. It is also understood that because of the aforementioned conditions, the provision of the pre-paid SIM is not getting configured in the IN system at Pune. It looks odd that the TM/RM performing outdoor duties will get the facility directly as per this order where as the TTA performing outdoor duty will get the facility only after approval from CGM. W ith a view to overcome these problems, it is requested to issue necessary modifications to this order so that: all the staff performing outdoor duties are provided this facility directly by the SSA without any necessity for the approval of the higher authorities and the provision of 94 level and SMS are allowed with a simple prepaid CUG plan with talk time of Rs.200/- pm without any restriction. Further, their CUG may also be allowed to be part of the CUG of service connections.

16. Solar energy for rural exchanges/BTSs

It is requested to energise the rural exchanges/BTSs with solar energy so that the problem of pollution is reduced, and also the problem of power cuts during summer is met. It involves one time expenditure but subsidy from the concerned State Governments will be available.

17. Training period be counted for the purpose of qualifying service for promotion under NEPP.
As per BSNL No.15-12/2009-Pers.II dated 03.12.2009, the period of pre service training necessary before actual appointment to the post has to be counted as qualifying service for the purpose of eligibility for the purpose of eligibility for appearing in departmental examinations. It is requested that on the same basis, the training period before appointment to any post be counted as part of the qualifying service for the purpose of promotion under NEPP.

18. Reimbursement for Ayurvedic treatment.

(a) As per instructions issued by Corporate Office No.BSNL/ Admn.I/14-2/09 dated 3.2.2010, the claims of medical expenditure incurred on in patient treatment in Ayurvedic, Unani, Naturopathy Hospitals shall be considered as outdoor treatment and shall be reimbursed accordingly.

Once it is treated as outdoor treatment, the limit specified automatically applies. Hence, it is requested that the reimbursement should be made fully without such limitation, since it is in patient treatment. It is requested to modify the orders accordingly. (b) Reimbursement for allopathic outdoor treatment by the RMP registered as ayurvedic practitioner is being denied on the plea that ayurvedic practitioner cannot prescribed allopathic medicine. But there is no such prohibition in the BSNL MRS scheme. It is requested to issue necessary instructions for reimbursement of these bills. ******