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ALL INDIA BHARAT SANCHAR NIGAM LIMITED

EXECUTIVES’ ASSOCIATION Central Head Quarters

New Delhi

Report of the General Secretary placed in the

Central Working Committee Meeting of AIBSNLEA held on 19th & 20th October'2011 at

BRBRAITT, Ridge Road, Jabalpur (Chargadi), Madhya Pradesh.

Respected President & Dear Comrades, We are meeting here at Jabalpur for the first Central Working Committee meeting of AIBSNLEA, after historical 3rd All India Conference held at Kolkata from 30th to 31st December’2010 and 1st Jan’2011. Jabalpur is a historical city known for its cultural heritage and also renowned for its pictorial beauty and natural resources. In today’s meeting, we shall have the objective assessment of the efforts that we have initiated and the result that we could achieve. We may also like to decide here the future plan of actions. In this report, effort is being made to incorporate all the issues of importance to have useful discussions. This historical CWC meeting is being held at a very crucial juncture when BSNL is facing losses and its market share is drastically reduced. This CWC will certainly be very important meeting just before the one day Strike Call of JAC. All the resolutions passed in All India Conference at Kolkata were immediately submitted to BSNL Management and DoT administration. All the issues of importance have been discussed in the formal / informal meetings with Secretary DoT/CMD BSNL and other dignitaries of DoT/BSNL. There had been several important developments after 3rd All India Conference held in Dec’2010 which needs critical analysis and scrutiny. On the organisational side, we can have critical examination of our strength and weakness regarding actual paid membership of the Association and efforts being made to increase the membership. The proper corrective measures, wherever necessary, could be planned. Ensure regular and timely election of Branch / Circle bodies to provide transparent and democratic organisation. CWC Jabalpur will have detailed evaluation of the efforts to get settled the common HR issues of the executives of BSNL viz. implementation of BSNLMS RRs, regularisation of adhoc level STS officers in Telecom Engg. / Finance & Accounts / Civil / Electrical / Arch. Engg. Wings, filling up of all vacant Gr.- ‘A’ and ‘B’ posts immediately and delay in settlement of the pending legitimate issues. The CWC may decide the designation change on each time bound promotion and also seniors are drawing less salary than their juniors as per the EPP. The CWC may take a stand on the above issues.

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BSNL’s survival at this stage is on threat. BSNL’s market share is continuously declining. The performance of BSNL in all fronts is not good. BSNL’s very existence as a strong telecom operator is one of the important issues which need thorough discussion. The dwindling market share is a matter of serious concern to all of us. The continuous decline of BSNL’s profit has put it into a loss making PSU. We shall have to analyse why the growth of BSNL is not to our satisfaction. CWC Meet should seriously discuss the ongoing situation and should come out with strong proposals to make BSNL a strong and viable organisation. Restructuring of BSNL based on BCG recommendations, implementation of CDR billing and ERP needs detailed discussions. Confidence building measures in customers shall have to be given priority. Strategies are to be evolved for more revenue generation and its collection. CWC may suggest reducing the operational cost and stoppage of unwanted expenditures. The Govt’s move to bring 30% disinvestment of BSNL through an IPO or strategic partner, VRS to one lakh employees and unbundling of BSNL’s last mile copper conductor etc. need thorough debate. Delay in procurement of GSM equipment is adversely affecting the growth of BSNL and delays in absorption of ITS officers in BSNL are also matters of serious concern to all of us. CWC should decide the definite line of action to get resolve the long pending issues and burning items related to viability of BSNL. CHQ office bearers & Advisors meeting held on 9TH & 10TH March’2011 had detailed discussions on the issues related to Viability of BSNL and impressed upon for implementation of the suggestions submitted by AIBSNLEA after 3rd AIC Kolkata. Also decided to propose JAC to educate BSNL employees to provide quality service by making zero Broadband fault and uninterrupted BTSs functioning and also proposed to observe "April -11" as Customer Delight Month". Sincere efforts are required to earn more revenue by increasing cash flow. JAC accepted the proposal to observe May’2011 as ‘Customer Delight Month’ which continued upto Aug’2011 and further decided to observe Year 2011-12 as ‘Customer Delight Year’, which is being successfully implemented and BSNL’s declining cash collection trend is arrested. The one day DHARNA and one day fast Call given by Joint Action Committee of BSNL Executives’ Associations and Non-Executives’ Unions and its implementation on 14th Sept’2011 and 27th Sept’2011 protesting against No VRS, Payment of PLI, Restoration of medical allowance, LTC and Leave encashment, Conclusion of the process of absorption of ITS, Merger of 78.2% IDA and Policy related issues etc. Its impact and the results achieved will have to be assessed. The present status of the demands and activities of Joint Action Committee shall certainly be reviewed. AIBSNLEA’s consistent and untiring efforts yielded result in getting released the promotion order from JTO(T) to SDE(T) to fill up 1861 SDEs(T) posts. Most of the SDEs on promotion were given posting in the same circles where the vacancies were available. About 127 SDEs are posted to Deficit Circles. But even then some issues of importance are yet to be resolved i.e. regularization of STS Group- ‘A’ Executives working on Adhoc basis, change of designations on Time Bound promotions, date of effect of implementation of all revised / upgraded pay scales w.e.f. 01.10.2000 on notional basis, one time placement of SDE to Sr. SDE grade on 01.10.2000, revision of pay scale of AD(OL), regularization of JTO (officiating) as one time measure, removal of discrimination to Architectural wing based on qualification, regularization of CSS/CSSS executives, absorption of ITS Group ‘A’ officers’ in BSNL, allowing deferred option from CDA to IDA pay scale and viability of BSNL, DPCs to fill up vacant JAG/STS / Gr. ‘B’ grade posts, implementation of DPE OM dated 02.04.2009 regarding increase in IDA fitment benefit from 68.8% to 78.2%. The perks and allowances have not been changed

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on the pretext of dip in BSNL’s profit. This CWC shall discuss and decide time bound action plan to get the issue sorted out. 2.0 In the beginning of this report, we may discuss the organizational status and

activities of the association, mainly covering the period since Jan’2011 after 3rd AIC at Kolkata.

2.1 AIBSNLEA Foundation Day on 1st May: All India BSNL Executives Association

was formally launched on 1st May 2004. The Foundation Day on 1st May is being celebrated by all the branches throughout the country. CWC Manali / Chennai decided mandatory to organise special General Body Meetings / Get Together / Cultural Programmes / Seminars etc. on the Foundation day by all the Circles / Branches.

2.2 Membership: The paid membership of the Association is now …….. as against

…… recorded at the time of 3rd AIC, Kolkata. After 3rd AIC at Kolkata in Dec’2010, large numbers of Branches have not remitted the CHQ quota. Efforts should be made to clear the CHQ quota regularly on monthly payment basis. The paid membership reflects the strength of the organization and good financial position gives boost to the organizational activities. The Circle/Branch Secretaries are to give special attention on regular collection of subscription and remittance of quota. Still there is sufficient scope to increase the membership. SUBSCRIPTION ENHANCED TO Rs 50/- :- As per decision of representative council of 3rd AIC held at Kolkata, Subscription (Union fee) enhanced to Rs 50/- from Rs.30/- per member per month with effect from the month of January 2011. Out of Rs.50/-, Rs.10/- for AIC fee, Rs. 20/- for CHQ quota, Rs.10/- for Circle quota and Rs.10/- for Branch quota. Kindly collect subscription of Rs.50/-per member/month w.e.f January 2011.

2.3 Contribution towards legal fund: To protect the interest of the members, through the legal means, as and when required, we need to spend substantial amount to the legal cases. A separate fund has been created by one time collection of Rs. 100/- , special donation for court cases.

2.4 Circulation of names of newly elected Central Office Bearers of AIBSNLEA: We, through our letter Nos. AIBSNLEA/CHQ/Election/2010-11 dated 04.01.2011, intimated regarding newly elected Central Office Bearers and requested for circulation. BSNL Corporate office SR Cell vide letter no. BSNL/31-1/SR/2011 dated 19.01.2011 circulated to all CGMs the names of newly elected CHQ office bearers of AIBSNLEA limited to 15 number only.

2.5 Membership verification of the Executives Association in BSNL:

At Present only two Associations of the Executives enjoy the trade union facilities

in BSNL. However, after verification of their membership only one Association will be recognized. The BSNL Management constituted a Committee under the chairmanship of GM(Trg.) BSNL CO to finalise the terms and conditions for verification of membership for Executives’ Associations. AGM (SR) circulated the committee report to all Executive Associations for submitting views / suggestions to finalise the terms and conditions of membership verification of the executive Associations of BSNL. AIBSNLEA submitted its views / suggestions after CWC

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Chennai but the decision on this issue is yet to be taken. Some JTOs directly recruited by BSNL have formed two separate Associations for themselves. Similarly some small groups are also getting registered the Executive Associations under society act to create confusion and disunity.

To have the assessment of actual paid membership of our Association and the

total strength of the Executives belonging to various Executive Associations in BSNL a list of the Executives circle wise as per HRMS package was emailed to all Circle Secretaries. Except few Circle Secretaries, no other Circle has sent the feedback to CHQ till date.

2.6 Regular election of Branch/Circle Body of AIBSNLEA: Most of the

Branches/Circles, AIBSNLEA have conducted elections to form regular body by convening Branch / Circle conferences. Some Circles Circle Conferences are overdue; CHQ has advised them to hold the Circle Conference immediately.

ALTTC GZB, Punjab Circles etc have to hold Circle Conferences for electing the new Circle office bearers since their term is completed. Concerned Organising Secretaries have been requested to take early action in this regard.

2.7 Journal/Circular/Websites: Our web site of AIBSNLEA i.e. www.aibsnleachq.in

provides all latest information regarding meetings with DoT administration & BSNL Management for the information of the members and others. All important communications made, office orders are also promptly displayed on the web sites. As a result, we are not issuing any monthly circulars since the information intended to be carried out in the circulars are already available in the website. The website is being regularly updated & maintained by Com. H.Y. Andeli CS, KTK, Bangalore and Com. Bhagwan Singh, AGS (HQ) & DM, BSNL Corporate Office, New Delhi. We appreciate their cooperation and extend our sincere thanks to them.

The consolidation of all the important events is taking place in the bi- monthly journal of AIBSNLEA i.e. ‘TELEWAVE’. There are some complaints regarding non- receipt or short supply of TELEWAVE. These are being attended to. The problem is mainly due to non-availability of updated of the addresses. We have requested all the Circle Secretaries to send / E-mail the updated mailing list for updation of mailing list. The TELEWAVE printing and publishing work is being done by GS with the help of AGS (HQ) Com Bhagwan Singh. As per the decision of 3rd AIC Kolkata, the TELEWAVE is being printed on bi-monthly basis instead of monthly magazine. But the printing of Bi-monthly magazine has not reduced the expenditure due to non getting concession from Postal Deptt. and increase in number of pages.

2.8 Publication of BSNL Executives’ Diary - 2012: AIBSNLEA printed BSNL

Executives Diary for the year 2011 with improved quality and features. Com. P. Venugopal, AGS (Fin) and Com. Devesh Sharma, AGS (HQ) were involved in completing the work of proper distribution of the diary 2011 with the help of other CHQ Office bearers available at New Delhi. The publication of BSNL Executive Diary 2012 work has been initiated. All are requested to provide important technical/accounts information to upgrade the Diary 2012 at the earliest. All the Circle Secretaries are requested to ensure immediate release of payments against year 2011 diary supplied and to place order for year 2012 diary to CHQ Financial

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Secretary Sh. B. Ravindranath and AGS(HQ) Sh. Bhagwan Singh immediately; so that timely supply is ensured.

2.9 Welfare Scheme: As per the decision of 2nd AIC Jaipur, all the claims received

from various Branches / Circles have been cleared from the General Funds of AIBSNLEA. The welfare funds from TESA / AFSOA have not been transferred to AIBSNLEA. The GS TESA/AFSOA have been requested to take necessary action for transferring the welfare fund to AIBSNLEA immediately but no response in this regard has been received.

2.10 Central Office Bearers Meeting at New Delhi on 09th & 10th March’2011: A

meeting of the CHQ office bearers of AIBSNLEA was held on 09th & 10th March’.2011 at BSNL Corporate Office, New Delhi. The meeting was convened mainly to discuss about membership verification, discussions about the trade union action programmes for the settlement of pending HR issues. Under the banner of United Forum and other organisational activities including viability of BSNL were discussed. On this occasion; a farewell of Ex-CMD BSNL Shri Gopal Das and welcome to Shri S.C. Mishra, Member (S) with additional charge of CMD BSNL was also arranged on 9th March’2011.

3.0 STATUS OF HR ISSUES: 3.1 Implementation of Executives Promotion Policy in BSNL: AIBSNLEA untiring &

persistent efforts yielded result in getting issued Executive Promotion Policy on 18.01.2007 for implementation of the promotion policy for the Executives in BSNL upto 31-03-2007, which was finally implemented after the clarifications were issued by BSNL Corporate Office on 30.05.2007 but still some issues remains un-resolved as under:-

(a) Some other important issues related to Executive Promotion Policy needs

immediate settlement. I. First upgradation to the next higher scale: - The first upgradation to

the next higher grade should be allowed on completion of 4 years of service in all cases instead of proposed 4 to 6 years of service. BSNL Management assured at the time of implementation of 2nd Pay Revision Committee recommendations the issue will be addressed but remains unsettled.

II. Change of designations on each Time Bound up gradation and post

based promotions: On each upgradation to the next higher grade, the designation and the duties/ responsibilities associated with the grade should also be allowed. BSNL Board decided to change the designations in BSNL C.O. i.e. JTO equivalent – Asst. Manager, SDE equivalent – Dy. Manager, Sr. SDE equivalent – Manager, DE equivalent – AGM, JAG equivalent – DGM, NFSG equitant – Jt. GM, SAG equivalent – GM / Sr. GM and HAG equivalent – PGM. But changes of designations on each Time Bound upgradation are yet to be decided. The views/ suggestions of the association on this have already been submitted.

III. Strengthening Performance Driven Work Culture in BSNL- Revision

of benchmarks for Promotion - feedback of AIBSNLEA :

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(a) Amendment No. 1: The time bound financial up-gradation exists in all the Central/State Govt. Departments, PSUs /Autonomous Bodies. Financial up-gradation (grade) once implemented or became due, is not withdrawn or denied anywhere merely on the ground of declining of post based promotion.

BSNL is a unique organization which spreads over throughout the country and accommodates different streams of executives under a single umbrella but follows different policies and programs in promotion, transfer etc... No uniform policy is followed in BSNL for accommodating officers on post based promotion or transfer as BSNL is following its own Rules & Govt. Policies and guidelines simultaneously.

Generally, post based promotions are given simultaneously with a transfer, particularly in some cadres. Those who are more influential on various counts such as caste, gender, medical, political etc. often get exemption from such transfers but continue to enjoy both the time bound as well as post based promotion benefits where as the others become scapegoats. Transfers to acute shortage areas can be done duly modifying the transfer terms such as additional monetary benefits, weightage to promotion, repatriation to the choice of place etc. There is no guarantee that BSNL is regularly conducting DPCs for Post Based promotions. In the past due to hurdles like court cases, non availability of vacancies etc, the post based promotions were delayed for many -many years and majority of the executives retired with just only one promotion in their entire carrier, and that is the main reason the Unions/Associations sought atleast time bound promotion to remove stalemate. Time-bound Promotion as per EPP in BSNL is governed by several conditions which were finalized after intense deliberations, negotiations and mutual consultations between the management and service organizations. The Management has got no powers to impose any additional condition of their own thereby blocking the benefit of achievement earned by us through prolonged trade union actions in the past. There is no logic in mingling Time-Bound Promotion and Post-Based Promotion. If Post-Based Promotion is declined by majority, then remedial measures with attractive offers can be implemented or juniors hands can be elevated to positions declined by seniors. Denial of time-bound up-gradation should not be considered as a remedy to this.

Hence the proposal, as it is, is not agreeable. We cannot accept to implement the Amendment No. 1 proposed. (b) Amendment No. 2: We cannot accept any change in the bench mark now prevailing for Time- Bound promotion. Changing the bench mark for time-bound up-gradation is as good as taking back the benefit from BSNL executives. We strongly feel that it is also another attempt by the BSNL Management to divert the attention from their failure. Instead of motivating the executives, the management is thinking the other direction and it is surely a step backward. Hence, the proposed Amendment No. 2 is also not acceptable to us.

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BSNL Management is only concern to strengthen Performance Driven Work Culture in BSNL by revising benchmarks for promotion to the Group ‘B’ level executives absorbed in BSNL but the same work culture is not being imposed for the Group ‘A’ officers working in BSNL on deputation. The deputationists are leading BSNL without having any commitment and owning the responsibility in this precarious competitive position. The deputationists have been given higher designations prescribed in BSNL MSRRs even without doing any screening / DPCs i.e. Joint GM/ Addl. GM/Sr. GM etc. It reflects the biasing and indifferent attitude of the BSNL Management dominated by deputationists officers towards BSNL absorbed executives.

IV. Date of effect of Implementation of revised IDA Pay Scales for the Executives w.e.f. 1-10-2000: BSNL management has granted benefit of residency period w.e.f. 1.10.2000 to the Executives i.e. JTO/SDE (Civil/Electrical/Arch./TF) Engineering wings, CSSs, PAs/PSs, JAOs etc. for whom the RRs were notified after 1.10.2000 and accordingly the pay scales were upgraded. After implementation of this order no Executive has been benefited. Whereas, as per Dr. Shahi’s committee recommendations the upgraded scales for the above executives’ should have been implemented w.e.f 1.10.2000 on actual basis or notional basis.

V. One time placement of SDE to Sr. SDE: As per DOT agreement and

commitment of BSNL at the time of absorption of Group ‘B’ officers in BSNL on 01.10.2000, the SDEs who completed 5 years of regular service would be provided one time placement in the Sr. SDE grade. A proposal to give relief to the stagnating SDEs for their placement in the Sr. SDEs grade through Cadre Review Concept, on the back drop of the demand of the Association to reduce the eligibility criteria from 12 years to 5 years (As approved by Telecom Commission in 1994) for placement in the existing scheme, was approved by DoT and discussed in the GoM. This was subsequently remitted to BSNL. It was assured by Hon’ble MOC & IT, in the meeting held on 22-10-2001 with the Association that BSNL has agreed to the proposal in principle and a board memo was under preparation. We further understand that the memo was also finalized, but was not placed in the BSNL Board meeting. The majority of TES Group ‘B’ officers has been absorbed in BSNL and the BSNL Executive Promotional Policy is implemented w.e.f. 01-10-2000, the issue needs to be settled favorably. BSNL Management is continuously replying that since this issue was not in the terms and reference of absorption of Gr. ‘B’ Officers in BSNL, now can not be considered after implementation of the Executive promotion policy. We have requested Director (HR) to re-examine the case in view of the feed back provided by our Association.

VI. Continuous deprivation of senior executives of Telecom

Engineering wing: The continuous deprivation of senior executives of Telecom Engineering wing who were promoted to SDE cadre in 1990 DPC and are drawing less salary than juniors, who promoted in 1993 and 1994 DPCs, which still remains unresolved. BSNL CO is fully aware that out of the entire executive community a small group of about 600 executives have not and will not get any benefit from the time bound executive policy. We have submitted proposal to the Committee for granting the second time bound promotion after 4 years instead of 5

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years for the executives who got one time bound promotion before 01.10.2004 to avoid the anomaly.

VII. Settlement of Pay anomaly cases wherein senior Executives are

drawing less pay than their juniors: Committee headed by PGM(FP) is yet to submit its report on this issue. We have already provided feed back in writing and in person to the committee members and requested to make the provision in EPP allowing stepping Up of pay.

3.2 BSNL Management Service Recruitment Rules-2009: These rules are effective

from 11th June 2009 instead of 1st October 2000 as is in the case of Executive Promotion Policy. The Executives promoted to adhoc Group 'A' post before or after 01.10.2000, their adhoc service will not be counted as regular service for the purpose of future promotions. The Group 'A' Executives absorbed in BSNL belonging to IDA Pay Scale of 13000-350-18700 & 14500-350-18700 will be upgraded to IDA Pay Scale of 14500-350-18700, 16000- 400-20800 & 17500-400-22300 as per attendant conditions circulated under letter No. 400-61/2004-Pers-I dated 18.01.2007 under Time Bound Promotions corresponding to next grade within a period of 4 to 6 years. These absorbed Gr. ‘A’ officers will get Time Bound Promotion w.e.f. 11.06.2009 instead of 01.10.2000.

As per these BSNLMS RRs, the existing JTOs/SDEs (C/E/Arch) Engineering wings having diploma qualification were not eligible to be promoted to the grade of Assistant General Manager EE/Arch. In addition to this, in the Architecture discipline, having valid registration as Architect with the council of the Architects is made compulsory, which is gross injustice to the absorbed Executives of Civil/Electrical/Arch Engineering wings in BSNL and against the DoP&T guidelines and CPWD RRs wherein Diploma holders are also allowed to be promoted to the grade of EE (C/E/Arch). AIBSNLEA strongly protested against this discrimination and finally BSNL Management issued amendment on BSNLMS RRs allowing Diploma holder SDEs (C/E/Arch) to the post of EE as per 1994 DOT RRs. We have again pleaded to remove discrimination on the pretext of degree/diploma qualification to the promotion of EE from SDE (C/E/Arch) and parity with the JTO (T) / SDE (T). Hence, BSNL management should implement the "BSNL Management Service" RRs w.e.f. 01.10.2000 instead of 11.06.2009 to avoid the discrimination and to protect the adhoc service of Executive’s rendered in Group 'A' grade after 01.10.2000.

3.3 Management Trainees Recruitment Rule: BSNL Management notified revised

MTRRs on 01st Sept’2009 for the recruitment of 600 MTs in the scale of Rs. 24900-50500(IDA-E3), wherein the eligibility criteria was decided i.e. Age- 30 years for External candidates and 36 years for Internal candidates and Qualification- Bachelor of Engineering Degree or equivalent. In this manner the existing executives have been debarred to become eligible for MT. Against this provision we strongly protested and filed SLP in the Hon’ble CAT Ernakuam Bench which came to our favour and against this BSNL filed appeal in the Hon’ble High Court Ernakulam, which dismissed the appeal. Now, on the request of BSNL Corporate Office all the cases related to MTRRs pending in various courts have been transferred to Hon’ble Principle Bench CAT, New Delhi. AIBSNLEA has impleaded in the case.

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3.4 DGM Recruitment: BSNL Management conducted exam and interview for DGM recruitment and now 41 DGMs have been recruited.

3.5 DPCs to fill up the vacant JAG, STS Group ’A’ & Group ‘B’ Grade posts in

BSNL on adhoc/ Regular basis : (a) (i) JTO to SDE (T) DPC against seniority cum fitness quota: AIBSNLEA

consistent and untiring efforts yielded result in getting released the promotion order from JTO(T) to SDE(T) to fill up 1861 SDEs(T) posts. Most of the SDEs on promotion were given posting in the same circles where the vacancies were available. About 127 SDEs are posted to Deficit Circles. Still about 3000 SDEs (T) posts are lying vacant but the DPC could not be initiated due to stay order granted by Hon’ble CAT Chennai. (ii) TES Gr. ‘B’ LDCE quota : BSNL CO is yet to notify LDCE to fill up about 4500 vacant TES Gr. B posts since no stay order is pending.

(b) DPCs from SDE(T) to DE(Adhoc): Hon'ble Madras High Court granted stay order against Chennai CAT judgment to quash the TES Group 'B' seniority list of SC-ST officers issued on 17.01.2007. It paves the way to conduct DPC from SDE to DE (Adhoc) and DE (Regular). In this regard legal opinion is being taken to operate TES Group - 'B' list no. 6 shortly to initiate DPCs. We explained that in Jun’10-July'10 already list no. 6 has been operated during the DE (adhoc)/ (Regular) promotions. The ACRs have been called to initiate DPC from SDE(T) to DE(Adhoc) & DE(Regular) on 12.10.2011.

(c) Filling up of DGM(Engg.) posts : BSNL has asked DoT opinion on 270 SDEs seniority court case. We are making efforts so that atleast the officers whose seniority is un- disputed may be promoted.

(d) DPCs for Regularisation of adhoc STS level Executives: About 1500

DE(Regular) and about 200 CAOs(Regular) vacancies are available for which efforts are being made to hold DPC.

(e) DPC to DGM: Efforts are being made to get filled up all vacant DGM posts

and SEs after regularisation of adhoc EEs(C/E/Arch).

(f) DPC from Sr. AO to CAO (Adhoc): Sincere efforts are being made to initiate the DPC from AO to CAO adhoc to fill up the vacant posts of CAOs. To initiate DPC, approval of the competent authority is awaited.

(g) JAO to AO DPC: Sincere efforts are being made to get initiated the DPC

from JAO to AO just after CAO DPC for about 900 posts of AOs.

(h) DPC from SDE (C/E) to EE (C/E) and JTO (C/E) to SDE (C/E): The DPCs to fill up all vacant EE (C/E) posts and to regularise adhoc EE (C/E) posts and to fill up vacant SDE (C/E) posts on regular basis are conducted & promotion orders have been issued after issuance of modified BSNLMS RRs.

SDE(C) to EE(C) DPC is in progress to fill up about 16-17 EE(c) posts. Five SDEs(C) VCRs are awaited. DPC from JTO(C) to SDE(C) to fill up about 52 SDEs posts will be initiated after EE(c) promotions.

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(i) Issue of promotion order from JTOs (TF) to SDEs (TF) on regular basis, SDE (TF) to DE/AGM (TF) and DE to DGM(TF): The DPC process from JTOs (TF) to SDEs (TF) on regular basis, SDE (TF) to DE/AGM (TF) and DE to DGM(TF) are under process.

(j) 1999 JAO Batch DPC: We demanded to hold DPC of 1999 JAO batch on

retrospective date i.e. 01.10.2004 when they were eligible to be promoted as AAO and the BSNL declared AAO as wasting cadre in 2004 without holding their DPC. Meanwhile some affected AAOs filed court case and lost. It has created problem but we are making effort to convince the Management for reconsideration.

(k) Posting on promotion of SDEs (Civil) LDCE quota: Promotion of 29 JTO

(Civil) to SDE(Civil) on the basis of Limited departmental competitive Examination (33% quota) held on 18/06/2011 - Order issued along with Transfer and posting of SDE(C).

(l) Promotion order on the basis of LDCE - 2011 to the grade of SDE (E) in

Electrical Wing BSNL: Promotion of 51 JTO (Electrical) to SDE(Electrical) on the basis of Limited departmental competitive Examination (33% quota) 2011- Order issued along with Transfer and posting of SDE(E) on dated 30.09.2011.

(m) Promotion orders from Assistants to Section officers and personal Assistant to Private Secretaries in the erstwhile CSS and CSSS: These Executives are posted mainly in the BSNL Corporate Office. The promotion order for them has been issued on regular basis and some SOs have been promoted as AGMs.

(n) Posting on Promotion order [93 EEs(E)] in the grade of Executives

Engineer (Electrical) (STS) of BSNL Electrical Wing on regular basis: AIBSNLEA consistent efforts yielded result in getting released the posting on Promotion order [93 EEs(E)] in the grade of Executives Engineer (Electrical) (STS) of BSNL Electrical Wing on regular basis on 23.02.2011. Efforts have been made to accommodate maximum EE(E) in same Circle or adjacent Circle.

(o) Regular promotion from CE(E) to Sr. CE(E): BSNL Corporate Office issued order on regarding Regular promotion from CE(E) to Sr. CE(E) (NF)(E9A)[2 Nos.] on 30.03.2011.

(p) DPC for financial upgradation : As demanded by this association to

conduct DPC for financial upgradation twice in a year under EPP has now been considered and order issued on 11.10.2011 regarding Executive Promotion Policy - advance processing of time-bound IDA pay scale up-gradation twice a year

3.6 Immediate withdrawal of clarifications dated 19.02.2010, 13.10.2010 and

24.08.2011 issued by BSNL Corporate Office w.r.to AAO/Sr. AO/Sr. SDE and PAs/PSs cadres, pay fixation in Executive Promotion Policy : BSNL CO reviewed the matter and ordered that the benefit of counting of residency Grade-I and Grade-II of BSNL filed units who were result of restructuring of the cadre been decided with the approval of Competent period is applicable to those

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Stenographers made PAs (i.e. Executive) w.e.f 1.1.2004 as a result of restructuring of the cadre. On the issue of AAO/Sr. AO/Sr. SDE pay fixation treating DoT period promotion before 01.10.2004 as post based promotion is pending in lieu of committee recommendations.

3.7 3% fitment benefit on promotion first in substantive grade and thereafter on

promotion grade: GM(Estt.) mentioned that the case has been received from EF cell and positive remarks and now it was sent to the DoT for clarification.

3.8 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. GM (Estt.) assured to further process the case to EF Cell of BSNL CO for comments.

3.9 Serious anomalies in the TES Gr. ‘B’ officers’ seniority lists: The seniority of

TES Gr. 'B' officers in DoT were revised based on the Hon’ble Supreme Court Judgments wherein prior to 1993 the seniority of TES Gr. 'B' officers was based on according to the year of recruitment (Rule- 1966) but in 1993 as per Hon'ble Allahabad High Court judgment upheld by Hon'ble Supreme Court the seniority of TES Gr. 'B' officers was re-casted that those who qualify in the Deptt. Exam earlier were entitled to be promoted prior to those who qualified later irrespective of the year of initial recruitment. It was held that para rule 206 of the P&T manual was not in conflict with either the rules of 1966 or 1981 but was supplemental to those rules. Relief was accordingly granted to petitioners based on para 206 of P&T manual. Later on Hon'ble Supreme Court CA No. 4339 of 1995 dated 13.02.1997 and CA No. 4339 of 1995 dated 26.04.2000 judgment stated that one statutory RRs have come into force the earlier administrative instructions contained in para 206 cannot be adhered to. The view of the Allahabad High Court has reached its finality, because of the dismissal of SLP No. 338486 of 1986 on 08.04.1986 on merit. It was made clear that the persons who have already got the benefit like P.N.Lal and Brij Mohan by virtue of the judgment in their favour, they will not suffer and their promotion already made will not be affected by this judgment. Again Hon'ble Supreme Court CA No. 4339 of 1995 dated 28.09.2006 and CP civil No. 248 of 2007 in CA No. 4339 of 1995 dated 25.03.2008 in the judgment directed the respondent that they shall rearrange the seniority in terms of the principals laid down in P.N.Lal's case restoring their earlier position and shall not put any employee over and above the present petitioners on the basis of the seniority in the service in the entry year. While implementing the above judgment DoT has re-casted the seniority of 45 TES Gr. 'B' officers only whereas, thousands of TES Gr. 'B' officers are to be provided similar benefit. Now TES Gr. 'B' officers promotions to DE is being issued on the basis of two seniority lists i.e. one on rule-1966 and another on para rule-206 basis. It has caused serious anomaly and heart burn to the TES Gr. 'B' officers in BSNL.

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Similarly BSNL CO P-II section has circulated revised seniority list of competitive quota officers in the court case O.P. No. 21656/2001 and 37134/2001 titled UOI v/s George Paul and K.C.Jose, wherein the final seniority list of 147 competitive quota officers who have passed the competitive exam held in the year 2000/2003. The list is subject to final outcome of writ petition No. 21578/2007, writ petition No. 9256/2007, writ petition No. 17448/2008 and writ petition No. 17449/2007 and other writ petitions in the matter in different high courts. AIBSNLEA got impleaded in the Hon’ble Supreme Court against the case of 270 SDEs delivered by Hon’ble Madras High Court. Similarly filed SLP in Principal Bench CAT, New Delhi / CAT Ernakulam against 147 SDEs seniority case given on retrospective date. Regarding implementation of Rule-206 or Rule-1966, BSNL Management has filed case in Hon’ble Supreme Court for clarification.

BSNL Corporate Office issued instructions regarding WP No. 16102/2011 filled by Shri A Kruba Sankar Vs. Registrar, Hon'ble CAT, Chennai, CMD, BSNL and 11 Ors in Hon'ble High Court of Madras against order dated 24.06.2011 of Hon'ble CAT, Madras in OA No.1358/2010: The said clarification stated that "ln view of the above, further process of implementation of promotion order dt.30.3.2011 and subsequent orders has to be immediately stopped. All the Circle Heads are accordingly requested that JTOs promoted to SDE grade under the said orders, ordered for relieving to join their promotional assignments may not be further relieved from today onwards till further instructions in this regard is issued in due course by this office."

Hon'ble Supreme Court of India passed order in the CONTEMPT PETITION (C) NO. 253 OF 2011 IN CIVIL APPEAL NO. 3149/2009 ARISING OUT OF SLP (C) No-11330 OF 2008 M. SUBRAMANIAN & ANR Petitioners(s) VERSUS R. CHANDRASHEKHAR & ORS. Respondent(s) date 16.06.2011 - "Liberty to mention when Contempt Petition becomes mature" – Hon’ble Supreme Court of India Contempt Petition (C) No. 391 of 2011 in Civil Appeal No. 3149 of 2009 Chander Bhan Singh, Petitioner (s) Vs. R. Chandrashekhar & Ors. Respondent (s) upon hearing counsel the Court made the following order “Let in the first instance notice issue to respondent Nos. 2 and 3 to show cause as to why appropriate action for alleged violation of interim order dated 12th May, 2008 be not passed against them"

3.10 Pay fixation case of JTOs 2007 & 2008 batches: We requested PGM (FP) , the Chairman Committee constituted to examine the pay fixation case of JTOs 2007 & 2008 batches for early settlement of the case. PGM (FP) informed that Committee members have discussed the matter in detail and trying to compensate the pay of JTOs 2007 & 2008 batches by providing four additional increments which will be nearing to the pre-revised scale of Rs 9850/-. On our demand to provide provisionally pre-revised pay scale 9850/- (E1A) and to recommend the standard pay scale of E2 for JTOs, PGM (FP) mentioned that the E1A & E2A pay scales in the revised IDA pay scales approved by BSNL Board has been rejected by DoT on the pretext of poor financial health of BSNL. Hence at this stage BSNL can not implement E1A pay scale or can recommend standard pay scale E2 for JTOs. In view of this committee opines to compensate the pay of JTOs 2007 & 2008 batches by providing additional four increments on the basic revised pay Rs 16400/- i.e. Rs 18370/-. That can be the only solution available at present. We strongly pleaded that in case DoT has rejected intermediate IDA pay scales E1A & E2A , BSNL management should implement standard pay scales E2 for JTOs.

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PGM (FP) further mentioned that in the present poor financial health of BSNL such proposal is difficult to consider. However we will continue of our demand for our implementation of standard pay scales.

3.11 Finalisation of E1A, E2A, E9A and E9B IDA pay scales: BSNL Board approved the intermediate pay scales for JTO, SDE, CGM and ED and sent to DoT for approval. But the Internal Finance Cell of DOT has not cleared the proposal and now DoT has rejected the proposal and sent back to BSNL. We have requested to provide standard E-2, E-3 pay scales to JTO, SDE equivalent executives. However we have also requested to give five advance increment benefits to JTOs till the time standard pay scales E-2 and E-3 are finalized.

3.12 Removal of FR-35 for officiating JTOs and one time measure for upgrading

TTA posts to JTO posts: As per the Recruitment Rules, officiating JTOs have fulfilled all the eligible conditions for JTO posts i.e. service condition, educational qualification, qualifying in the examination and JTO Phase-I Training. Invoking of FR35 for them is not correct. If completion of Phase-II Training is essential to get the JTO Pay scale, the candidates are ready to undergo the same. We requested BSNL Management to remove FR35 and upgrade about 1800 TTA posts to JTO posts as one time measure so that officiating JTOs are given regular promotion. GM (Estt) mentioned that Kerala Telecom Circle has given fixation under FR 22 (I) (a) (i) to officiating JTOs as per Ernakulam Court judgment instead of challenging the judgment in the higher court. This has caused the problem. We strongly protested against this and requested to give FR 22 (I) (a) (i) pay fixation to all JTOs offg all over the country and to regularise them as one time measure. Now BSNL has filed appeal in the Hon’ble High Court Ernakulam.

GM (Estt.) informed that against creation of super-numeric posts of JTOs to avoid reversion, a contempt has been filed in Hon'ble Chandigarh High Court and the next hearing date is posted on 19th Nov’2011.

3.13 The LDCE of 35% and 15% quota of JTO is to be notified. GM(Estt.) informed that the SLP of BSNL was finally heared on 30.09.2011 by Hon’ble Ernakulam High Court and judgment is reserved. As soon as the judgment is delivered the LDCE against 15% & 35% quota will be conducted. More than 8000 JTOs vacancies are available.

3.14 Deducting the benefit of deferred option in CDA Pay Scale at the time of

superannuation: AIBSNLEA vide letter no. AIBSNLEA/CHQ/2007-08/252 dated 24-05-2007 took up the case with Secy (Telecom) that on absorption of Group- ‘B’ Officers in BSNL and during their pay fixation to IDA pay scale, option was granted to the executives for continuation in CDA pay scale till next promotion. A large number of officers have exercised such option and got their pay fixed to IDA pay scale after getting promotion to CDA promotion scale. DoT Cell disallowed such fixation of BSNL executives after their superannuation. GM (Estt) informed that on representation of AIBSNLEA the matter was taken up with DPE and it was clarified that the pay fixation to IDA pay scale, option cannot be granted to the executives for continuation in CDA pay scale till next promotion. DPE has not given the approval and returned the case to DoT. We further took up the case with Secy (T) to settle the issue in DoT itself since it was allowed in the Presidential Directive of absorbed Executives in BSNL. DoT allowed deferred option provisionally as per Hon’ble CAT Chennai judgment and referred to DOP&T for futher clarification.

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3.15 Sanction/creation of three posts in JAG Cadre for Ministerial Staff (BSNL

Corporate Office): It is understood that on our persuasion BSNL has approved creation of three JAG level posts for Ministerial Staff (BSNL Corporate Office).

3.16 Sanction of Group- ‘B’ and ‘A’ Level posts in New Services: GM (Restr)

processed the case for abolition of about 25000 Gr. B level posts. Against this we strongly protested. The staffing norms for restructuring and for creation of posts in new services are yet to be finalised.

3.17 Special drive for recruitment of JAO’s/JTO’s for tenure circles: As a onetime

measure a special drive for recruitment of JAO’s/JTO’s for the tenure circles should be taken up with relaxed conditions. BSNL Management Committee is yet to accept the proposal.

3.18 Change of Zonal transfer orders of Executives' to adjacent Circles-

Implementation of Hon'ble CAT, Jodhpur Bench, Jodhpur judgment in OA No-273/2010: We apprised Secy(T), DoT and also CMD, BSNL regarding Hon'ble CAT, Jodhpur Bench, Jodhpur judgment in OA No-273/2010, wherein the inter- Circle transfer order issued on the basis of ODI list has been quashed and requested him for its implementation in all the cases.

3.19 Implementation DPE OM dated 02.04.2009 for increasing IDA fitment benefit

from 68.8% to 78.2% and revision of perks specially transport allowance and other allowances : BSNL has not implemented DPE OM dated 02.04.2009 for increasing IDA fitment benefit from 68.8% to 78.2% and revision of perks specially transport allowance and other allowances. CMD BSNL / Dir (HR) mentioned that these issues can be resolved only when BSNL comes in profit.

3.20 (a) Concession in vocational / summer training to the wards of BSNL

employees: As demanded by this association, BSNL decided to the grant a concession of 25% to the wards of BSNL employees on the fee charged for vocational summer training at the training centres and field units by BSNL as a welfare measure.

(b) Summer Training to Engineering Students: We requested to issue instructions to all Circles to make publicity/marketing of BSNL's summer training Course programme for Engineering students by personally visiting the Engineering colleges and giving presentation of training module. In absence of proper approach and presentation so many engineering students are not taking training from BSNL. GM(Trg.) mentioned that during last year BSNL earned more than Rs.6.0 crores from summer training and this year from April’2011 to Sept’2011, BSNL has earned about 13.5 crores. UP (E) Telecom Circle is top on earning chart with revenue above one crore.

3.21 Online examination for mandatory Trainings: Regarding the problems being faced by the executives during online examination on mandatory training courses. We explained that questions are being asked out of syllabus and even the executives who got post based promotion before Time Bound Promotion are being asked to appear in the online examination. Similarly the executives retiring within two years are also asked to appear in the online examination etc. We also requested to prepare a question bank on the online trainings which will help

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executives to understand the pattern of the examination. GM(Trg.) mentioned that he will examine the matter wherein the questions are given out of syllabus

Regarding the executives who got post based promotion before Time Bound Promotion is to be dealt by Pers. Cell and clarified that the executives got Time Bound Promotion within two years period of their retirement need not to appear in the examination but those who got TBP before two years of their retirement are required to appear in the examination. He informed that the online examination is a successful exercise wherein 84% result is achieved. He also mentioned that as per the demand of our Association already Circles have been authorized to conduct online examination to the nearest offices/Centers instead of distant Training centers.

3.22 Grievances of PA/ Stenographers’ cadre :

(a) SETTLED ISSUES :

LICE from PA to PS. : The examination was held to fill up the vacancies of 33% in the cadre of PS on 18.9.2011 throughout the country and the results are awaited.

LICE for the post of P.A : LICE to fill up the posts of P.As from the eligible non-executives is scheduled to be held on 6

Restoration of residency period: The benefit of residency period granted to the PA / PS cadre withdrawn by the BSNL management was got it restored due to the vigorous efforts taken by the AIBSNLEA.

(b) PENDING ISSUES :

Post based promotions for Personal Assistants: With restructuring and declaring the cadre of stenographers as ‘dying cadre’, the entry cadre is now Personal Assistants (Executive). Presently, the basic recruitment of the executives in BSNL is in three streams (1) JTO (2) JAO and (3) Personal Assistants. A person who enters the Corporation as an Executive aspires to retire at least at the level of SG JAG (E-6). Taking into account the promotional avenues available to the similarly placed executives, we suggest the following post based promotion for the Personal Assistants:

All the posts of Stenographers, Personal Assistants and Personal Secretaries may be pooled together and placed in the ratio of 40% (E-1) 40%(E2) and 20 %(E3).

As per the recommendations of the HK Gupta Committee, all the HAG level officers may be provided with secretarial assistance at the level of E-4.

All Officers (PA/PS) who are in E-4 scale for a period of 5 years or have completed 23 years of service from the date of entry in the cadre may be promoted to E-5.

All officers who have been promoted to E-5 and have completed a minimum period of 3 years may be placed in E-6. The above dispensation will give an opportunity to few of these officers to reach at the level of E-6 before their retirement.

Creation of posts of PPS: With the restructuring, there remains only two

grades i.e. PA and PS. In the restructuring order it was specifically clarified that the Private Secretaries who were already promoted as Sr. Private Secretary shall continue to hold the designation in the field units till further

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orders. It was agreed by the then Director (HRD) that the posts of PPS in CDA pay scale of Rs. 10000-325-15200 will be created and attached with Heads of Circles. We request that all CGMs/PGMs (HAG level) may be provided with PPS.

Common Recruitment Rules & Nomenclature: Different Recruitment

Rules for PA and PS have been issued by Corporate Office for field units and Corporate Office. This method does not exist in any of the PSUs. Common RRs for field units’ stenographers and corporate office stenographers should be there.

Implementation of Executive Promotion Policy for Stenos placed in executive pay scales under the financial up-gradation Scheme: There are about 271 Stenographers working throughout the country in the field units of BSNL. Out of these 271, majority of the stenographers have completed more than 12 years and is placed in the pre-revised executive pay scale of 9850 & 11875 as the case may be at par with PA/PS. The Stenographers who have been granted ACP in the executive pay scale ceased to be non-executives as per BSNL HQ order No. 1-22/2009-PAT(BSNL) dated 30.04.2009, yet the status attached to the pay scale has not been accorded to them. Promotion policy for non-executives has also been notified now. The only cadre which has been kept outside the purview of both the promotion policies is the Stenographers. Neither Executive Promotion Policy nor Non-Executive Promotion policy has been made applicable to this small group of Stenos drawing executive pay scale. If no promotion policy is implemented, there is no scope of any Time Bound Promotion in future and have to retire from the present position when others may enjoy the benefits. This discrimination is against natural justice.

3.23 Revision of pay scale of Assistant Directors (OL) : The AD (OL) in BSNL are

drawing pay scale Rs. 9850 – 250 – 14600 whereas, in the other Ministries the AD (OL) are drawing the pay scale Rs. 13000 – 350 – 18250 as per 6th CPC recommendations. AIBSNLEA has been demanding to remove the discrimination. GM (Pers) informed that the matter is under consideration but BSNL Management has not taken any decision in this regard. We requested for early revision of the pay scale of AD (OL).

3.24 Posting on promotions and tenure transfers :

(a) Posting on promotions from JTO to SDE equivalent grades and SDE to DE equivalent grades in all disciplines are being issued in the same circles wherever the vacancies are available. The excess executives are posted to nearby circles. In the posting orders on promotion wherever the injustice was made, medical ground cases and lady executives transfer orders were modified. In the posting order on promotion to DE adhoc, AO and CAO many executives have been transferred to distant circles. We strongly opposed and got modified some transfer orders and pursuing for more modifications/cancellations.

(b) The executives posted to tenure circles are being regularly transferred to their

choice circles on completion of the tenure. Some executives transferred from J&K circle to their choice circles on completion of tenure period are not being relieved even after 6 months are over. We have requested CMD and Dir (HR) BSNL for kind intervention so that officers already transferred from J&K circle are immediately relieved.

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(c) On our continuous persuasion BSNL Management declared 1 year tenure

stations i.e. Srinagar, Leh, Dimapur (Nagaland) etc. 3.25 Modification / Amendments in the Transfer Policy in lieu of BSNL’s financial

condition: In this connection, the following suggestions were given to BSNL Management :

(a) On completion of tenure, the official should be relieved without further delay.

In order to ensure reliving immediately after completion of tenure it may be made mandatory that the “Executive from the tenure station will be the first mover”.

(b) On promotion, junior most Executives are posted to tenure Circles and other stations irrespective of the fact that he/she completed the tenure. It is suggested that an Executive completed his tenure in a tenure station may be given a cooling period of 5 years in the same Circle. On promotion and posting, he may be exempted from posting outside the Circle for 5 years and outside the SSA for 3 year (in the case of inter SSA posting). He may be exempted from further posting to tenure circles. After 5/3 years, he may be posted to a non tenure Circle/station as the case may be.

(c) In the case of Executives recruited for tenure circles, their stay in the tenure Circle in the All India cadre stay as SDE may be counted as tenure period.

(d) To transfer all categories of staff the transfer policy implementation should be unifrom to all categories of BSNL Executives including BSNL Corporate Office as well as non-absorbed officers in BSNL.

(e) The bulk / Mass transfers may be avoided at all levels i.e. SSA/Circle/All India to overcome the huge cost of frequent transfers.

(f) As per para 6(b) of transfer policy transfer orders are to be issued during the month of March/April considering 31st March as cut of date. However, this should not apply for long stay transfer as substitutes on one to ne basis.

(g) The present amendments should be applicable from the date of issuance of the order.

(A) Request transfer at own cost and transfers at Company’s cost- review of guidelines:

PROPOSED ACTION PLAN No request transfers to be entertained till three years in a station. (Not applicable for tenure

stations which will continue to be governed by existing guidelines) Request transfer after three years and before completion of four years in a station to be at own

cost of the employee concerned. Request transfer after completion of four years in a station to be at Company’s cost. In order to incentivize good performance, high performers at any post/place may be considered

for extension beyond prescribed 4-year tenure, if requested by the executive.

Note:- The above proposals shall not affect the Company’s right to transfer any employee, at any time, in the interest of service.

Suggestions: In the case of posting on promotion or transfer to meet the shortages etc, the request

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transfers back to the home station/ circle to be entertained after two years in a station. However, till company become profitable, such transfers will be at company’s cost only after 3 years in a station.

(B) Review of Tenure posts of one year duration PROPOSED ACTION PLAN

In view of the premises explained in preceding paras and the inputs available in this regard, it will be appropriate to enhance the tenure of one year attached to the specified areas in J&K and NE-II to One and half years (eighteen months) except Leh SSA and the areas of Srinagar outside the city of Srinagar. The proposed design will be as follows:-

S. NO.

TENURE CIRCLE AREAS

1. One year Tenure J&K 1.Leh SSA, 2.Areas of Srinagar SSA outside Srinagar city

2. One and half year tenure (eighteen months)

J&K Srinagar city area NE-II Nagaland and Manipur States

Suggestion: a. It is suggested that other areas like Rajouri, Doda, ---------- etc in J&K Circle also may

be treated as 1 year or 1 ½ year tenure place.

(C) Review of guidelines on Other Tenure Areas (in Circles other than J&K, NE states and A&N Islands)

PROPOSED ACTION PLAN In view of the premises explained in preceding paras and the inputs available in this regard, it will be appropriate to a. designate the ‘Other Tenure Areas’ more specifically as ‘Soft Tenure Areas’ b. enhance the tenure of the ‘Soft Tenure Areas’ from the existing two years to three years. c. Allow an extension of three years in Circle Tenure of an executive who completes a soft

tenure in the Circle. d. Introduce a ‘Capping Plan’ for longest possible stay in a Circle have ‘Soft Tenure Areas’ as

formulated below:- S.

No. Executive Level Post

tenure Station / SSA

tenure Circle tenure

Capping plan in Circle#

1. SAG or equivalent 4 6 6 12yrs 2. JAG or equivalent 4 8 8 14yrs 3. STS or equivalent 4 10 15 21yrs 4. TES Gr.B/JTS or

equivalent 4 10 18

24yrs

#- For those who are posted to soft tenure near the end of their circle tenure, this shall be the maximum stay in the circle. v) The Capping Plan may be suitably made applicable to non-territorial circles having tenure areas. Suggestion: The term “soft tenure” should be limited to the declared tenure stations with in the

Circle (excluding Lakshadweep Islands & Sikkim which are to be treated as 2 year tenure). In other words, the tenure stations in a particular Circle will be a soft tenure station for the executives of that particular Circle and will be eligible to avail tenure station benefits.

These stations will be continued to be treated as tenure stations for the Executives

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posted from other Circles. In the case of posting on promotion or transfer to meet the shortage etc to a soft

tenure station, the request transfers to be entertained after two years in a station. However, till company become profitable, such transfers will be at company’s cost only after 3 years in a station.

The capping plan will affect the executives who are voluntarily going to a soft tenure station within the Circle. The Executive worked at a soft tenure station may be exempted from further posting to any other tenure stations in the Circle or inter-Circle transfers.

In the case of non recruiting units like project circles, QA and Inspection Circle which are sensitive in nature, the Executives should be repatriated to the respecting recruiting Circles or to some other non sensitive units after a specified period.

3.26 Expenditure Control in BSNL: Keeping in view the financial condition of BSNL,

BSNL has decided to Modify the eligibility criteria for item mentioned hereunder:- (a) News Paper supplied in offices: The number of newspapers supplied to

PGMs, Sr. GMs &GMs in Corporate office is reduced to one newspaper. However, in respect of CMD/ DIRs/EDs they may decide the issue for themselves. This should take effect immediately.

(b) Medical Expenditure: All outdoor treatment facilities under BSNLMRS will be "with Vouchers" only. The facility of "without voucher" is withdrawn w.e.f. 1st October' 2 011. Those who have opted for "without vouchers" during the financial year 2011-12, can avail the benefit for "with voucher" for 6 months proportionately. The number of bills for Outdoor treatment may increase and the units should make arrangement for payment of Thess bill without delay. This applies to BSNL pensioners also. The indoor facility under BSNLMRS will continue without any change.

(c) LTC: Keeping in view financial position, BSNL has approved the Withdrawal of

Leave Encashment While availing All India LTC / Home Town LTC for all Categories o f BSNL employees including absorbed/ directly recruited, on deputation/Deemed deputation.

All India LTC is frozen for two years for all BSNL employees and officers except those who are retiring during this period but Home town LTC shall continue. Freezing of LTC and withdrawal of Leave Encashment linked to All India LTC and Home Town LTC, are with immediate effect. JAC has strongly opposed the above arbitrary decisions of BSNL Management.

3.27 Improvement in the revised policy for service GSM, RSTC & Broadband to

Executives : Enhancement of 200 free calls limit per month on RSTC, & enhancement of free

call limit on GSM Telephone connection to STS level officer from 500 calls to 800 calls.

Rent free Broadband service connection to all Executives with BSNL 750 plan All Executives’ should be allowed CUG facility on RSTC at circle level 3G Mobile service to all Executives

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3.28 EPF Statement: Yearly EPF statement is being supplied to BSNL recruited

Executives in response to our detailed letter.

3.29 Meetings of Staff welfare Board / Sports & Cultural Board BSNL: The Meeting of BSNL Staff welfare Board & Sports & Cultural Board BSNL is being regularly attended by GS as special invitee. The CWC may suggest the items, if any, for taking up in the next meetings.

3.30 Payment of pension contribution of the IDA pay scales: We requested to

BSNL Management to take up the matter with DoP&T/DoT for modification in payment of pension contribution from highest of IDA pay scale to the actual basic pay from BSNL. As the case has already been referred to DPP&W and DOP&T by DoT.

3.31 Payment of Income TAX on leave encashment amount of BSNL pensioners:

We requested BSNL Management to stop payment of Income Tax amount on leave encashment amount of BSNL pensioners as in the case of Govt. pensioners.

3.32 IDA Pension Revision of BSNL Pensioners: BSNL Pension revision order

issued on 15.03.2011. It is a Historical achievement for BSNL Employees. AIBSNLEA consistent efforts yielded result in getting released IDA pension revision order for BSNL Pensioners. Immediately about 50,000 BSNL Pensioners retired before 01.01.2007 are benefited and it has become a rule for IDA Pension Revision for BSNL Pensioners.

3.33 Absorption of ITS Group ‘A’ Officers in BSNL : Hon'ble Principal bench, CAT

New Delhi vide OA no. 3124/2009 dated 01.07.2011 delivered judgment on 11.07.2011 "In the light of the above discussion the impugned order dated 24.09.2009 is quashed and set aside with directions to the Respondents not to give any further opportunity to the officers of the Department of Telecommunications , who continue to be on deemed deputation to BSNL and to repatriate them to their parent Department"

AIC Demanded immediate absorption of ITS Officers in BSNL and non-filling up of BSNL posts by deputationists on Adhoc / Regular Basis. Duality in absorption issue should not continue, otherwise all absorbed Executives’ should also be repatriated to DoT. Now DoT has Called Option for Absorption of Group 'A' officers of Indian Telecom Service (ITS)/ Telegraph Traffic Service (TTS)/ Telecom Factories Service (TFS)/P&T Building Works (Group A)/Indian P&T Accounts & Finance Service (IP&T A&FS)/General Central Service (GCS) in MTNL/ BSNL on 22.09.2011 and the last date of exercise is 08.11.2011. On our query on ITS absorption issue on 04.10.2011, CMD informed that this time it is a real process of absorption for ITS officers and it will end thereafter. He mentioned that government is serious to complete the absorption process and in case the ITS officers do not exercise the option, they will be repatriated to DoT and BSNL will start its own recruitment on need basis. He mentioned that it may take more than six months time which may affect the growth of BSNL but BSNL has to face the situation.

3.34 VRS: BSNL Board has approved the VRS on 04.10.2011 and the same has been sent to administrative ministry (DoT) for its consideration. The features of the same are as under:- Scheme to be made open to all employees above 45 years

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The ex-gratia lump sum amount as per the Department of Enterprises (DPE) scheme for marginal profit / loss making enterprises i.e. Salary (Basic+DA) of 35 days for every completed year of service and 25 days for every year of service left until superannuation.

The compensation will consist of salary (Pay+DA) of 35 days for every completed year of service and 25 days for the balance of service left until superannuation. The compensation will be subject to a minimum of Rs. 25,000/- or 250 days salary whichever is higher. However, this compensation shall not exceed the sum of the salary that the employee would draw at the prevailing level for the balance of the period left before superannuation.

The ex-gratia amount will be in addition to all other applicable retirement benefits.

Opportunity to work for BSNL after retirement on individual basis or as a co-operative and get additional income.

We strongly opposed such move of VRS to One Lakh employees without having any roadmap that in what way it is going to benefit BSNL. We explained to BSNL Management that BSNL Management instead of realizing its failure to manage company well is shirking its responsibility by pleading in all the forums that BSNL staff strength is the big problem of its losses is not at all justified. BSNL Management bitterly failed to extract the work from its employees and did not procure equipment, material in due time which has adversely affected the viability of BSNL. BSNL Management could not resist against the wrong policies of Govt. viz. payment of Rs. 18,500 crores as 3G of BWA spectrum charges, reimbursement of license fee and spectrum charges, withdrawal of ADC, payment of AGR and non-payment of OPEX charges etc. The ITS absorption issue continued to linger on and they are leading BSNL without owning the responsibility and commitment. These are the main reason, which has put BSNL under losses. Hence BSNL management instead of making BSNL employees as "Victim of the situation" should concentrate procurement of equipment, stores i.e. cables, telephones instruments, GSM equipments, Broadband modems, MLLN equipments, Drop wire etc to improve the quality of service and to strengthen its Marketing & Sale Units. BSNL Management should treat its manpower as its strength instead of liability by making its best use. CMD, BSNL informed that is voluntarily retirement scheme which will be in the interest of BSNL and also in the interest of employees who is going to take VRS as well as who remains in the BSNL. He mentioned that an organization with average age of employees more than 49 years, can't survive in long term and it is only one of the efforts by which BSNL can be make a vibrant organization. He also added that VRS will be implemented only when the DoT provides financial support. We reacted that in case the one lakh employees are given VRS, how the organization will run, having such a big infrastructure in landline & Mobile network in the rural and urban areas of the country. It will over load the remaining employees and will adversely affect the services and customer care. Hence, VRS can't be the solution to turn around the company. BSNL Management should concentrate for the procurement of GSM equipment, telephone instruments, cables, Broadband modems, MLLN equipments, drop wire etc and proper planning to utilize the existing expert man-power for the growth of BSNL. CMD mentioned that we are planning to lease out towers and spare bandwidth of OFC network to vendors for earning revenue but these are the hygienic points only and major revenue expenditure can be saved by reducing staff. He mentioned that BSNL is earning about Rs. 100 crs. per day but its expenditure is more and

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upto Sept'2011 (this financial year) the release of fund from Corporate office is Rs. 1000 crs. more than the receipts. However, we opposed VRS proposal at this juncture and outsourcing.

3.35 Transfer of Lands from DoT to BSNL - As protested by this association and JAC

against retention of BSNL assets by DoT. ED(NB) informed that after lot of efforts and in view of Gazette Notification while formation of BSNL and transferring of assets and liability to BSNL from DoT, now DoT has kept in abeyance the order issued by DDG(FEB) dated 19.04.2011 in this regard .

4.0 Other Organizational Activities :

Amendments to Rules and byelaws of the Association: The 3rd AIC at Kolkata has not passed any resolution for amendments in the Constitution. The amended constitution copies has been printed based on the First and Second AIC amendments and the copies will be supplied shortly.

Establishment of Association office and permanent assets: At present the Association Office is being run from BSNL’s accommodation. However, decision on some accommodation can be taken on permanent basis /rented basis for stay purpose of our members at CHQ New Delhi.

Winding-up all constituent Associations: All the General Secretaries of

constituent Associations have been requested again and again to take necessary steps to wind-up the constituent Associations and transferring their movable/ immovable properties/ assets to AIBSNLEA. But no constituent Association has taken necessary steps in this regard. As per the decision of 3rd AIC Kolkata a Committee has been constituted headed by Sh. P. Venugopal, Ex. AGS(F), Sh. Amit Gupta, Ex. CS(CTD), Sh. Jogi Ram, Ex. CS(Haryana), Sh. C. M. Saste, OS(E) and Sh. Sai Baba CS AP Circle to suggest the mean and manner to resolve the issue. The Committee members will apprise the progress in this regard to the CWC and accordingly future course of action will be decided. As per the decision of Central Office Bearers Meeting held at Delhi in March’2011; Com. GS , Com. President and Ex- CHQ President Com. K. Satayanarayana jointly appealed all the Circle Secretaries of TESA(I) / AFSOA to transfer their movable / immovable properties to AIBSNLEA at Circle level. The respective circle secretaries may apprise the progress in this regard.

Venue for next CWC Meet: This CWC Meet may decide the venue for next

CWC Meeting. 5.0 Merger of BSNL & MTNL: Govt. has not taken any decision in this regard. Under

the banner of Coordination Committee of BSNL/MTNL Executives Associations we have been demanding the merger of BSNL and MTNL but on the pretext of different pay scales, pension rule and non-disinvestment of BSNL. Government is yet to take decision in this regard.

6.0 Functioning of United Forum of BSNL Executives Associations: AIBSNLEA and

SNEA(I) under the banner of United Forum of BSNL Executives Associations are taking up the common issues mainly holding of DPCs to fill up vacant JAG / STS grade posts on regular and adhoc basis, transfer policy, amendment in EPP, MTRR, BSNL MSRRs, tightening of staffing norms etc. Similarly on the issues related to viability of BSNL.

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7.0 Organizational tours: The details of the Organizational tours of CHQ Office bearers are being placed regularly on the website for information.

8.0 Viability of BSNL & Joint Action Committee: AIBSNLEA along with all BSNL

Unions / Associations on the common issues concerning BSNL’s viability is actively participating in the several meetings and Trade Union Action Programmes under the banner of Joint Action Committee. On various occasions to fight against the wrong policies of the Government. We are more concerned for the settlement of HR issues of Executives in BSNL but equally concerned for the viability of BSNL also. We are submitting valuable suggestions to the BSNL Management for the growth of Telecom Services viz.

(a) Suggestions for better financial fine tuning:-

To issue a moratorium on all foreign tours till BSNL starts to make profit. To withdraw company conveyance to all category and grant a fixed monthly

allowance. Misuse of official vehicle for personal purposes is a usual practice among top executives in management.

To fix responsibility wherever the projects and plans such as Wi-Max, GPONE, FTTH etc.. fail to fetch the revenue project.

To fix responsibility for the losses arising out mismanagement / wrong implementation of the activities such as BCG, ERP, CDR etc...

To create a feeling of serious action on accountability among both who takes decisions but severally fails to review the performance and also those who do not take the decisions but simply throws the case.

Merging of Mtce. Region, Telecom Project Circles with Territorial Circles and Inspection Circle with QA Circle.

(b) We put forth the following meaningful action to improve the efficiency of the executives vis-à-vis earning more revenue for BSNL are as under:- Introduction of intranet based arrival and departure of all executives and non-

executives. All Circles of BSNL are presently having their own intranet functioning for various administrative purposes. The same platform can be used to record arrival, departure, absenteeism etc without incurring any further cost. The module developed by IT cell of Calcutta Telephones (In house) is almost a foolproof system where giving ‘proxy’ is almost restricted. The same may be implemented nationally without incurring any expenditure. It is needless to mention that ratio of punctuality is directly proportional to productivity.

Recording individual performance through some module again through Circle intranets to be monitored by respective controlling officers. Different type of formats (templates) can be developed for each type of job. To start with the jobs of operation areas may be taken followed by planning, Administration etc. Formats for DGMs, GMs & CGMs also can be developed where overall picture of their respective areas will be there along with the attempts made by them to pull up the under performers by extending the supports required by them. The module can be developed by IT cell of Corporate Office or by any other circle which will be implemented nationally. Grading of APAR will naturally be based on the assessment of whole year, which will be a meaningful exercise.

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Variable Pay/Performance Related Pay (PRP): The 2nd Pay Revision Committee recommended that Variable Pay or Performance Related Pay (PRP) be made an integral part of the compensation package and should progressively become major component of the executive compensation. The PRP should be directly linked to the profits of the CPSE/unit and performance of the executives. The percentage ceiling of PRP, progressively increasing from junior level to senior level executives, expressed as percentage of pay. Needs immediate true implementation.

(c) JJAACC OObbsseerrvveedd ““CCuussttoommeerr DDeelliigghhtt MMoonntthh”” ffrroomm 11sstt MMaayy ttoo 3311sstt AAuugg''22001111

aanndd ddeeccllaarreedd yyeeaarr 22001111--1122 aass ““CCuussttoommeerr DDeelliigghhtt YYeeaarr --22001111--1122”” :: TThhee ffoolllloowwiinngg ttaarrggeettss aarree ttoo bbee aacchhiieevveedd dduurriinngg tthhee mmoonntthh ooff CCuussttoommeerr DDeelliigghhtt MMoonntthh.. ZZeerroo llaanndd lliinnee,, OOFFCC ffaauullttss (()) AAllll ffaauullttss ttoo bbee cclleeaarreedd oonn tthhee ssaammee ddaayy ZZeerroo BBrrooaadd BBaanndd ffaauullttss (()) CCaabbllee ffaauullttss ttoo bbee cclleeaarreedd wwiitthhiinn 4488 hhoouurrss ZZeerroo LLeeaasseedd lliinnee ffaauullttss ZZeerroo BBTTSS ffaauullttss ZZeerroo ppeennddiinngg wwoorrkk oorrddeerrss ooff NNeeww CCoonnnneeccttiioonnss // BBrrooaadd BBaanndd // sshhiiffttiinngg RReeddrreessssaall ooff ccuussttoommeerr ggrriieevvaanncceess iinn rreessppeecctt ooff qquuaalliittyy ooff sseerrvviiccee,, bbiilllliinngg,,

ssttooppppiinngg mmiiggrraattiioonn ooff ccuussttoommeerrss.. VViissiittiinngg ssuubbssccrriibbeerr pprreemmiisseess.. MMaakkee tthhee ccuussttoommeerrss ttoo lleeaarrnn uussiinngg GGPPRRss,,

tthhrroouugghh ddeemmoonnssttrraattiioonn.. TThhiiss wwiillll eennaabbllee tthhee ccuussttoommeerrss ttoo aavvaaiill vvaalluuee aaddddeedd sseerrvviicceess..

PPrrooppeerr uuppkkeeeepp ooff tthhee bbaatttteerriieess aanndd ppoowweerr ppllaanntt.. IIddeennttiiffyyiinngg // ddiissppoossiinngg ooff ssccrraapp mmaatteerriiaallss.. EEffffeeccttiivvee uuttiilliissaattiioonn ooff tthhee ssppaaccee wwhhiicchh hhaadd bbeeeenn ooccccuuppiieedd bbyy ssccrraapp mmaatteerriiaallss.. MMaaiinnttaaiinniinngg ppuunnccttuuaalliittyy -- aatttteennddiinngg ooffffiiccee oonn ttiimmee.. MMaannnniinngg ooff tthhee CCuussttoommeerr SSeerrvviiccee CCeennttrreess ffrroomm 88 aamm ttoo 88 ppmm aanndd oonn sseeccoonndd

SSaattuurrddaayyss && SSuunnddaayyss.. GGiivviinngg pprrooppeerr ppuubblliicciittyy bbyy iissssuuiinngg ppaammpphhlleettss ttoo tthhee ppuubblliicc,, ddiissppllaayyiinngg ppoosstteerrss //

fflleexx bbooaarrddss aanndd ppuubblliicciittyy tthhrroouugghh mmeeddiiaa.. TThhiiss iiss ttoo ggiivvee aa mmeessssaaggee ttoo tthhee ppuubblliicc tthhaatt BBSSNNLL eemmppllooyyeeeess ccaarree ffoorr tthheeiirr ccuussttoommeerrss..

EEaacchh eemmppllooyyeeee sshhoouulldd bbrriinngg aatt lleeaasstt 22 nneeww ccuussttoommeerrss ((llaanndd lliinnee,, BBrrooaadd BBaanndd //MMoobbiillee eettcc..)) dduurriinngg tthhiiss mmoonntthh..

TToo ttaakkee aallll mmeeaassuurreess ttoo ssaavvee eelleeccttrriicciittyy.. WWeeeekkllyy RReevviieeww ooff tthhee pprrooggrreessss aanndd ddiissccuussssiioonn bbeettwweeeenn mmaannaaggeemmeenntt && ssttaaffff

ssiiddee..

9.0 Organisational Action Programmes : (a) During the period under review the organizational action programmes calls given by JAC were successfully implemented by our members, mainly the Lunch Hour protest demonstration on 5th April 2011 against the move to impose VRS as per recommendations of SAM G Pitroda Committee, the Dharna on 14th Sept’2011 and One day fast on 27th Sept’2011 were successfully implemented . DEMANDS

No VRS. Payment of PLI. Restoration of medical allowance, LTC and Leave encashment. Policy related issues

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Conclusion of the process of absorption of ITS. Merger of 78.2% IDA.

Policy related issues include:- Compensation for BSNL's rural operations. Pension contribution on actual basic pay. Refund of RS.8313 crore to BSNL, which was paid towards BWA

spectrum charges. Reimbursement of License Fee. Allowing BSNL to surrender 3G spectrum of unviable circles.( Private

companies are given the freedom to select circles of their choice.) Refund of Rs. 7500 crore with interest, collected from BSNL towards

"Notional Loan." Procurement of equipments. Discontinue TACs.

(b) Strike deferred to the 1st week of November, 2011: The JAC meeting

was held on 04.10.2011, The meeting reviewed the discussion that took place between the JAC leaders and Director (HR) on 03.10.2011. Since the management did not respond to our demands, the JAC decided to go ahead with the strike. However, with a view to pave way for united struggle, the JAC unanimously decided to defer the strike to the first week of November.

10.0 Leasing/outsourcing of BSNL Towers and OFC: BSNL is proposing to lease

out / outsource its more than 70,000 towers as also 6.25 lakh route kms of optical fibre cable in order to mop up funds for the PSU. The JAC has discussed the matter in its meeting held on 4th September’2011 and has decided to convey its strong opposition to the above move since it is neither beneficial to the PSU nor it can mop up necessary funds. These installations / infrastructures have been constructed / laid with much effort of the workers and huge cost to BSNL. At present there are sufficient workers to manage, operate, and maintain these installations and infrastructure. Once given on lease to private players, BSNL may never get it back, which is the usual result of leasing. Further, except a meager amount for BSNL, all the profit will go to the private player. With about 2000 top officers including 1400 ITS, 50,000 of executives and 2,30,000 non-executives, there is no need to hand over these costly infrastructure to private companies. Management should take pride in its workforce and ensure that these are managed, operated and maintained by BSNL alone and reaps maximum benefit out of it.

This CWC should discuss and decide strategies for the growth of BSNL and for making it profitable. Conclusion: This is a report having reported the important developments & activities of the Association after 3rd All India Conference from Kolkata on 30st Dec’2010 to 31st Dec’2010 and 1st Jan’2011 mainly to have quick catch-up of the major developments that took place during the period, so that the deliberations, on the various items, on agenda of CWC meeting become easier. Most of the issues related to the members of AIBSNLEA are available in the report. We are extremely thankful to the comrades of Madhya Pradesh, TTC Jablapur and Inspection Circles for holding this CWC meeting at Jabalpur(M.P.).

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Thanking you,

AIBSNLEA – UNITY – ZINDABAD ! AIBSNLEA ZINDABAD ! BSNL ZINDABAD !

Comradely yours,

(Prahlad Rai)

General Secretary