GS WRITES TO MOC regarding freezing of DA

  • May 07, 2020

SNPWA/Honble M.O.C/1/2020                                        Dated 5th May,2020
Respected Sh Ravi Shankar Prasad ji,
Hon’ble M.O.C, Govt. Of India, 
Sanchar Bhawan, New Delhi.
Sub:  DA reduction/ freeze- Irreparable, adverse and irreversible impact on persons retiring from 01.04.2020 to 30.06.2021- Immediate and serious reconsideration of decision solicited please.
Ref: Order no /Mis/pen/issue/BSNL/DDG(accounts)/2019-part-1/1407-1439 dated 28.04.2020
 Respected Sir,
We may kindly be permitted to invite your kind attention to the aforementioned letter issued by DOT.
 The said orders of DOT are highly unjustified, untenable and without any basis since these orders
 single out only a particular class of employees of BSNL/MTNL retiring from service from 30.04.2020 to 30.06.2021.
 These employees would be subject to grave injustice since they would be paid terminal benefits at the IDA
 prevailing as on 01.01.2020. The loss that these employees would be subjected to in the event of the 
aforesaid orders being implemented is monumental, because the implications of these orders would be simply colossal, 
irreversible and lifelong. DA reduction/ freeze from 31.12.2019 if implemented will hit these set of employees, 
retiring in the intervening period, most unjustly, with absolutely no hope for redressal. It is really incomprehensible
 as to how DOT issued such unjustified and arbitrary orders without waiting for appropriate opinion from 
the nodal ministry i.e DPE. This is an issue of very serious concern requiring a very thorough investigation
 because it amounts to violation of inter-ministerial protocol that ministries are expected to and have been 
adhering to  scrupulously. But this time, the DOT has seemingly decided to go for an abject violation without 
any reason whatsoever.  
Though aforesaid  orders stipulate that "DA/DR as effective from 01-01-2020, 01-07-2020 & 01-01-2021
 will be restored prospectively and will be subsumed in the cumulative revised rate effective from 01-07-2021 
without arrear”,  does not give a cover to these set of employees unlike all others. Such a decision will hit 
those employees/families of deceased employees very hard, who retired on superannuation/VRS/demise during 
the intervening period from 01-04-2020 to 30-06-2021 due to the specific provisions in CCS pension Rules. 
Rule 33 of CCS [Pension] Rules, 1972 stipulates that emoluments means basic pay as defined in FR which 
a government servant was receiving before his retirement or on the date of his death. Aforesaid Rules have
 further been clarified under GOI orders (6) below Rule 33 and GOI orders (5-A) below 
Rule 34 of CCS [Pension] Rules, 1972 wherein it is emphatically stated  that pay & allowance fixed on notional basis
 on account revision of pay & allowances from retrospective date are not a criteria for revision/ calculation of pension.
 In view of this peculiar provision, reduction/ freeze of DA will cause significant permanent financial loss to all 
their retirement benefits 
including Gratuity and leave encashment, the brunt of which they will have to bear 
 for the rest of 
their life without any hope for redressal. We are sure  that your kind self will definitely understand 
the priority of the subject and will bestow your best  attention as this will lead not only to heavy financial losses 
to this group but will also cause great anomaly between this group and all others, viz.  who retired prior to 30.12.2019
 or later than 30.06.2021, which means  an unpardonable and unparalleled injustice is imposed 
on this section of employees alone. No one could and would ever tolerate this anomaly. 
The result would be a series of court cases, which will cost the Exchequer more than what is expected to be saved by
 this unjustified action.Therefore, it is our humble plea that the gravest injustice may kindly be addressed immediately,
 as a separate case, delinking it from the revocation of the order on reduction/ freeze of DA/DR. 
Sir, this issue needs your very kind and imminent personal intervention to set aside unprecedented and 
irreversible injustice that would be inflicted on this particular section of employees without any justification.
Kind regards,
Sincerely Yours,
Copy to
Respected Smt Nirmala Sitharaman, Honble M.O.F, for immediate n/a please. This gross and unwarranted 
injustice meted out to a section of employees is requested to be set aside immediately.
Respected Sh Prakash Javedekar, Honble Minister of H.I and DPE. His immediate kind personal intervention 
in the matter is solicited please.
Sh. Rajiv Gauba, Cabinet Secy/ Govt. of India, for information and immediate n/a please.
Sh. T.V.Somanathan, Secy/D.O.E, for information and n/a please.
 Sh. Shailesh, Secy/DPE, for immediate kind intervention by directing DOT to set aside 
these arbitrary and unjustified orders without concurrence of DPE.
Sh. Anshu Prakash, Secy/DOT, for kind information and immediate n/a please.
Sh. R.P. Purwar, CMD/BSNL. He is requested to immediately take up the matter of
 issuing of these arbitrary and unjustified orders by DOT and getting them set aside as quickly as possible.
Sh. P.K.Sinha, M(F)/DOT, for information and immediate n/a please.