GS WRITES TO MOC regarding freezing of DA
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
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.
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.