UPDATE on HR issues and 3rd PRC:
The delay in 3rd PRC constitution is creating wide spread resentment among the Executives in various CPSUs. National Confederation of Officers Association (NCOA) in which SNEA is a major constituent, decided to organize various Trade Union Programmes demanding the constitution of 3rd PRC. On 01.06.16, demonstration infront of DPE office, 22.06.2016 Dharna and 27.07.16, March to DPE office at New Delhi etc planned. We will struggle till the constitution of 3rd PRC.
Another big challenge before us is that BSNL has to implement standard pay scales of E2 and E3 replacing the intermediary pay scales of E1A and E2A before constitution of 3rd PRC. The entry level pay scales of E2, E3 approval is very crucial for 3rd PRC. Otherwise the pay revision for all the BSNL Executives will be under trouble.
The undue delay in settling the HR issues compelled the Assn to serve notice for Trade Union Actions. Eventhough Assn had submitted the charter of demands on 11.02.2016, mgt didn’t taken any action to resolve the issues. Our agitation programmes compelled the management to initiate actions on various HR issues as given under.
A . Officiating pay fixation, protection of pay:
withdrawal of wrong clarifications by BSNL: Thousands of JTOs, JAOs, SDEs, AOs officiated in higher post during DoT and BSNL period prior to the clarification are facing reduction in pay by one or two increments and recovery of lakhs of rupees. Later on BSNL decided not to recover the pay immediately and referred the matter to a committee. For the time being, the orders are implemented only by few Circles like WB, JKD, BR, UP, MP, TN, KRL, CHTD, CTD etc. The EPP clarification dated 19.02.2010 denied pay protection on offtg promotion which is against the provisions of FRSR, MoF orders, DoT orders etc. From DoT period onwards pay protection allowed till the clarification. Surprisingly, the EPP clarification dated 30.05.2007 not allows pay fixation with one increment from same scale on officiating promotion where as EPP provides the same on any post based promotion. Assn was struggling against these two clarifications since 2010. Unfortunately the committee formed to examine the issue also not gone into depth and simply okayed the clarification which compelled us to make it an agenda in the strike notice. After lot of deliberations, now mgt understood the mistakes and assured that necessary steps will be taken to correct both the clarifications and given a target date of two months time. This will give relief to thousands of Executives facing reduction in pay and recovery. This is one of the major achievement due to the agitation.
B. Membership verification:
Due to multiplicity of Assns and their vested interests, none of the important HR issues are not getting resolved. Our committed members and the Executives are the victims of this. Few are taking the entire cadre into ransom. Even Non executives are working together for the employees and could achieve better than the highly educated Executives. It is high time for those people to open their eyes and see what is happening. Overall cadre interest is totally neglected/missing on various issues, rather petty interest in taking the leading positions. Recently we are observing that instead of making serious efforts to get the Khan Committee recommendations which will benefit the entire cadre by upgrading the scales from E1A to E2 and E2A to E3, will give better pay for the JTO/JAOs recruited after 01.01.2007, give promotions to thousands and thousands of Executives who are waiting for promotions for years together, the anomaly in 1st TBP for thousands of Executives are getting resolved, the Assns made the recommendations are now, not allowing the management to implement the same. To end this deadlock situation, membership verification is only the solution. Management now convinced the same and assured that process will be initiated again soon.
Whatever the drama going on nowadays and the crocodile tears witnessing, all are the due to this development and not due to the eagerness to settle the issues. They want to confuse the membership, taking up unrealistic demands in the last moment knowing very well that nothing is going to happen. Otherwise they could have allowed the mgt to implement the recommendations and struggle for the remaining issues after that. SNEA is demanding the same, implement the recommendations without any dilution and change and address the remaining issues one by one after that. Remaining in E3 scale for 10 years with a promotion and fixation from SDE to Sr SDE after 5 years( that also the Executive reaches E3 scale in the 6th year instead of 11th year, from E2A to E3 scale in SDE grade) is the biggest problem for them just like 7 MTs rect in SRD MT rect. The advantage for the cadre getting upgraded pay scales of E2 scale, the benefit to the thousands of young JTO/JAOs recruited after 01.01.2007 etc are not their interest or priority. Even they are ready to accept E1+5, E2, E6 instead of E2 , E3!
In the near future all the Executives will get an opportunity to respond to this attitude which is killing the future of thousands of Executives for vested interest.
C. Promotions in various cadres:
All the promotions are stayed by various courts. JTO to SDE, SDE to DE, JAO to AO, AO to CAO, SDE to EE promotions is stayed. To expedite the JTO to SDE case at Ernakulam, as per our request, BSNL engaged senior lawyer from Hon Supreme Court. Case is expected hearing in June. The stay on declaration of LDCE result was vacated by the CAT, Chandigargh. Immediately after that Assn intervened and met DIR(HR) and ensured the declaration of results. However stay continuing on promotion. This case along with the case on SDE to DE promotion is listed for 08.07.2016. Assn pursuing all the cases in different courts. However due to the multiplicity of the litigation, the only viable alternative is CPSU Hierarchy.
D.Joint Committee recommendations on various HR issues:
The Jt Committee was constituted in 2012 itself. However it was not functional at all. On pay scales, our demand was E2 to E7 pay scales from 2002 onwards. SNEA is struggling for that. Same demand we are pursued during 2nd PRC also. From 2014 onwards, SNEA alone started struggles as the other two Assns in U F are not shown any interest in resolving the issues. During that agitation in 2014, mgt once again send the E1A and E2A proposal to DoT for its reconsideration. Meanwhile mgt almost decided to demote the JTO and SDE cadres from E1A to E1 and E2A to E2. The E1 scale in JTO RR and E1+5 etc are the decisions in this regard. Sensing the danger of demotion of the cadre and its far reaching consequences, SNEA intensified the struggle. We had taken a conscious decision in the Jaipur CWC in 2014 that first we have to address E1A and E2A to E2 and E3 to protect the cadres from demotion, protecting the 5 TB promotions before 3rd PRC and then to focus on the change in other pay scales. If E2, E3 is not settled before 3rd PRC constitution, it is going to affect our future seriously. SNEA alone pursued the case in DoT to ensure that DoT is not changing the stand. Then DoT referred the matter to DPE. In advance SNEA met the Secretary/DPE and other officers and convinced them to reject the proposal of E1A and E2A. Finally DPE also rejected the proposal in July, 2014. Even then, mgt was not ready to consider the case which compelled SNEA to serve notice in 2015. On our agitation, CMD, BSNL intervened and the committee reconstituted with clear direction to submit the recommendations within 3 months. The committee submitted its recommendations on 07.10.2015. It is a great breakthrough as there is a committee recommendation now on the important HR issues.
The non-resolution of the HR issues compelled the Assn to serve notice for trade union actions on 28.04.2016 on the charter of demands submitted on 11.02.2016. Meanwhile we witnessed that some negative forces are working overtime to derail the issues and undermine the Khan Committee recommendations. Eventhough they had made the recommendations and become party to that, we had seen that they are disowning their own recommendations for petty interests, more than the management. Sensing the danger of burial of Khan Committee, Assn also started agitation. We are very well knowing that once Khan Committee recommendations are put under cold storage, our demand for CPSU Cadre Hierarchy and first TBP after 4 to 5 years also go into cold storage. In the whole process even they demanded to reduce the hard earned TB promotions from 5 to 4. The 5 TBP and pay scales are the results of the struggle of SNEA alone in 2002 when all other 14 Assns are ready to get absorbed in BSNL for just Rs 2000/- without any terms and conditions. Our struggle in 2002 assured us 5 TB promotions between 4 to 6 years. Till that we are having only one TBP, that also after 12 years. So, any reduction in the number of promotion is unacceptable to us as 5 TBP is the result of our struggle. Those who never struggled or not taken any pain to get it, can easily demand for reduction of number of promotions for their petty interests. SNEA is duty bound to protect them and will struggle for that. From 1980s onwards our Assn struggled for years together for the upgradation of the pay scales of the basic cadre, JTO. In 1986 we got it upgraded from 1400 scale to 1640, in 1996 again we got it upgraded from 1640 scale to 2000(6500-10500) and again in 2002 we upgraded it from 2000 scale to E1A scale. So any attempt to reduce the pay scale of JTO or equivalent cadres will be opposed by SNEA tooth and nail. We will struggle till we achieve our goal of upgradation of the pay scales from E1A to E2 and E2A to E3 and then upto E7.
Our agitation once again put the issues back on track and management started acting on various demands. On 11.05.2016 itself, DIR(HR) given administrative approval for the implementation of Khan Committee recommendations on standard pay scales of E2 and E3 replacing the intermediary pay scales of E1A and E2A. A detailed discussion was held on the charter of demands with CMD and DIR(HR) on 17.05.2016 and concrete assurances were given to resolve all the issues in a time bound manner. An action plan and target date also fixed. The status of various demands are as under:
E. Implementation of standard pay scales of E2, E3 replacing the intermediary pay scales of E1A and E2A.
The strong demand from SNEA to consider change of other pay scales of E3 (Sr SDE/Sr AO) to E4, E4(DE/CAO) to E5, E5(DGM) to E6 and E6 to E7 got favourable response from CMD. Our strong stand that 5 promotions are to remain unchanged, compelled mgt to respond like that and we got a commitment from CMD that this issue will be considered after E2, E3. Due to the urgency of settlement of E2, E3 scales before constitution of 3rd PRC and to give relief to our young JTO/JAOs of 2007, 2008, 2010, 2013, 2014, 2015 and to the upcoming batches it was decided to delink E2, E3 protecting 5 promotions from the cascading effect (E4 to E7) and process it on fast track. The danger of reduction of promotions, we could overcome by this as there was a strong demand from some negative and divisive forces to reduce the promotion and implement E2 to E6 for their petty interests, mortgaging the overall interest of the cadre. Their intention was to reach somehow E4 scale even at the cost of one promotion without getting any benefit and creating huge anomaly and pay loss/reduction in increment for thousands of comrades and torpedoing the implementation of CPSU Hierarchy. They are not even able to cite one advantage of their proposal whereas SNEA pointed out several disadvantages. The gameplan is to kill Khan Committee recommendations as it benefit the cadre, large number of Executives most of them are from SNEA and the future of the young comrades. This attempt was foiled by our timely intervention. Further we protected the other two major recommendations on CPSU Hierarchy and first TBP. It was assured that the proposal will be processed to MC by 31.05.2016. The real struggle on E2, E3 will be to get the approval of BSNL Board and DoT. For that we have to get geared up.
The Board is not even clearing the E1+5 increments for the remaining Executives for the last one and half years. Then one can imagine the fate of E2 and E3. E2, E3, —E7 in a single stretch may be even rejected by Board, even before reaching DoT. In that case E2, E3 also will go. Evenif it reaches DoT, it may have to go to the Union Cabinet due to the cabinet decision in MTNL pension issue. Knowing these facts, strategically we got delinked E2, E3 from cascading effect and in second stage to get them processed.
F .Implementation of CPSU Cadre Hierarchy:
Assn strongly demanded for its early implementation as all the promotions are stayed by various courts and we are struggling for years to get relief from the courts. The only solution is early implementation of CPSU Hierarchy. In DoT era, only one financial upgradation was available, that also after 12 years. By the struggle of SNEA(TEOA) alone in 2002, we could get five TB promotions by reducing the residency period from 12 years to 4-6 years. By the Khan Committee recommendation, JTOs after 5 years of service will become SDE, SDEs after 5 years of service will become Sr SDE(total 10 years) and Sr SDE after 5 years of service will become DE(total 15 years), ensuring minimum 3 functional promotions in the career of an Executive. Further we demanded for 1) one time relaxation for promotion to SDE, Sr SDE and DE grades without DPC for the Executives in higher scales, 2) change of designations to Asst Manager, Dy Manager, Manager, Asst General Manager, 3) uniform date of promotion to end anomalies etc. CMD and DIR(HR) assured to consider the demands positively. CPSU Hierarchy will address all seniority related issues like LDCE seniority, promotion quota seniority, Direct/Dept rect, Qualifying/non qualifying etc. The proposals will be finalised by 31.08.2016.
G. First TB Promotion uniformly after 4 to 5 years instead of 4 to 6 years:
It was a major anomaly for the 1993, 1994, 1995 — etc batches who got first TBP in 6 years whereas their seniors as well as juniors got it in 4 to 5 years. SNEA alone taken up this issue in the agitation in 2015 and got it added as a terms of reference of the committee. It was assured that it will be processed to MC, Board, DoT etc immediately after CPSU giving relief to thousands of our comrades. For this purpose the EPP dated 18.01.2007 has to be amended w.e.f 01.10.2000.
H.30% superannuation benefits.
CMD assured 6% contribution at our Jaipur AIC to begin with. Mgt later on changed the mind and made a proposal of 3% in a meeting held on 19.02.16 in which SNEA was not present. Since much opposition was not there from the participants (those who are insisting nothing less than 12%) in the meeting, mgt gone ahead with the proposal. SNEA strongly protested against this betrayal and demanded minimum 6% as assured. The proposal of 3% is now approved by BSNL Board. On our strong protest mgt decided to review the contribution. CMD and DIR(HR) assured us that the medical expenditure calculation will be re-examined and on actual basis, contribution will be made. It is surprising to see that our friends kept a studied silence on this issue at a crucial time, where the social security of thousands of the employees are involved whereas they didn’t taken any time to serve notice only on MT issue, even for SRD MT.
I. Notional pay of E1A and E2A for Civil/Elect/Arch/TF/PA/PS cadre w.e.f 01.10.2000:
This issue was agitating since long time. It was SNEA who took up the issue since beginning. Our AIC at Kannyakumari decided to work for uniform promotion policy and uniform pay scales for all the Executives, irrespective of wings. On promotions, we could achieve it for TBP through EPP. On functional promotion, it can be achieved through CPSU. But pay scale demand could not achieve for the above cadres eventhough we are struggling. But we could make a breakthrough on 17.05.2016 when SNEA got an assurance from CMD that this anomaly will be resolved. This is another achievement of our recent agitation.
J. First TBP after 4 years for JTO(LA) and Sr SDE at par with AAO and Sr AO:
Recent clarification created wide spread resentment among the Executives because of the discrimination. During discussion management agreed to re-examine the matter and render justice to the JTO(LA) and Sr SDEs. In addition to that the clarification has created large scale pay reduction for those promoted as CAOs during the intervening period as they are losing the one increment they got on CAO promotion in E4 scale. Assn demanded to address this problem also as the benefit given to the CAOs cannot be taken away by another clarification.
We have to continue our struggle to get the commitments implemented as per the target date, without any deviation.