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4.15 Antedating of pay - anomaly due to accrual of increment of Junior earlier than the senior after fixation of pay in revised pay scale implementation of 2nd PRC: We further requested to restore the original order dated 23.09.2009 wherein provision for ante-dating the increment of the senior to that of the junior was envisaged. Alternatively, management can think of any other solution that will address the issue of anomaly wherein the junior does not draw more pay than the senior and also the senior does not face any drop in his basic pay which he/she will be drawing by virtue of the 3% annual increment provided in the rule. The Committee constituted to examine the case has not recommended to change the present order. 4.16 Special recruitment drive for hard tenure/shortfall circles of JTOs/JAOs: After giving Organizational Actions program by the United Forum of AIBSNLEA and AIGETOA and on the intervention of CMD BSNL, it was informed that the recruitment has been announced to cater to all Rule 8 cases based upon the inputs received from circles. However, the details regarding vacancy calculation shall be shared with United Forum and there after the forum shall submit its input to establishment cell for further examination. 4.17 Deployment of ITS Group ‘A’ Officers in BSNL: (a) ITS court case in Hon’ble High Court, New Delhi: The case in this regard was listed on 16.02.2016 as Item No. 10 in Court No. 13 before Hon'ble Justice Midha at the Delhi High Court. Advocate Mr. Rajshekhar Rao appeared on behalf of the Petitioners i.e. Ours. Mr. Sanjay Jain, ASG, appeared on behalf of the Union of India (DOT) and Mr. Saket Sikri, Senior Advocate appeared on behalf of BSNL. The counsel appearing in Item 11 (Petition preferred by the ITS officers) sought an adjournment in as much as Mr. Sandeep Sethi, Senior Advocate, was leading them and was in a difficulty to appear. The Hon'ble Judge was pleased to direct that OA 1283/2013 listed on 18.03.2015 be decided on merits independent of the Petition pending before the High Court and that the Ld. CAT, should endeavor to decide the matter expeditiously without any adjournments being sought by either party. In addition, the parties have been directed to file a compilation of the relevant documents before the High Court and the matter was re-notified for 06.05.2016 as end of the board matter. On 06.05.2016, the Ld. Judge was on leave and therefore the matter has been adjourned to 17.08.2016. (b) ITS court case in the Hon’ble PB CAT, New Delhi to quash deployment of ITS Officers in BSNL: The case was listed for hearing on 05.04.2016 as Item No. 20 in Court No. 3 before the Principal Bench, CAT under the category of "part heard". Mr. Rajshekhar Rao appeared on behalf of the Applicants. Counsel for DOT was present, who informed the Court that the Additional Solicitor General would be appearing in this matter and therefore sought an accommodation. Mr. Rao requested the Bench that the matter was part heard and if the Bench was inclined, he could conclude his arguments. However, since an accommodation was sought on behalf of the ASG, the matter has been adjourned to 09.05.2016. Further details are being collected. 4.18 Implementation of DPE order for payment of 78.2% IDA fitment benefit w.e.f. 01.01.2007 in BSNL Pensioners and withdrawal of 60:40 provision from Rule-37A: DoT issued Presidential Directives on 10.06.2013 and for implementation of 78.2% IDA pay fixation order. BSNL also issued order immediately. But DoT is yet to issue order for BSNL Pensioners on 78.2% IDA fitment benefit for which we are pursuing vigorously in DoT. The present status is that the Cabinet Note to revise 68.8% IDA fitment benefit by 78.2% IDA fitment benefit and to withdraw 60:40 provision from Rule 37A was sent to Cabinet through PMO for approval but the Note has been returned by the Cabinet Secretaries mentioning that the Cabinet Note is voluminous and instructed to brief it. Now, revised Cabinet Note is in process in DoT to finalize and to send it to Cabinet for consideration. Further, it is mentioned that our veteran Comrade Amit Kumar Gupta, who had earlier submitted number of RTI queries on the Pension issue, had submitted another RTI six month ago (21-12-2015) asking some more questions based on the information received out of his earlier queries. DOT vide 13- 1/2016-PSF dt 16-5-2016 has replied the queries. The questions and answers are available in the attached Annexure - VII. 4.19 3rd Pay Revision Committee (PRC): The DPE has sent a proposal for constituting 3rd PRC to submit report on Pay Revision of non- unionised executives of PSEBs in the month of Oct-2014 to the PMO/Cabinet TELEWAVE 42 JUNE-2016
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