Friday, 12 July 2019

REVISED TABLE FOR THE 5TH CPC 6500-10500 SCALE WITH 4600 GP

READY RECKONER
Comrades,
I have prepared a Ready reckoner to understand the benefits. It will help our comrades to assist the family pensioners. Most of them may get an increase of Rs 600-850 in basic pension. It is given below:.... PSR
THANKS TO TVL WEB SITE 
THIS WILL BE APPLICABLE FOR FEW DOT PENSIONERS ALSO. 

NEWS FROM CHQ

LATEST NEWS

12/07
State of Manipur adopted the Central Civil Services (Pension) Rules, 1972, as amended from time to time. As per Rule 49 of the Central Civil Services Rules, 1972, a case of a government employee retired in accordance with the provisions of the rules after completing qualifying service of not less than 30 years, the amount of pension shall be calculated at 50% of the average emoluments subject to a maximum of Rs.4500/per month (at that time). Considering the increase in the cost of living, the Government of Manipur decided to increase the quantum of pension as well as the pay of the employees. Government of Manipur issued an office memorandum on 21.4.1999 revising the quantum of pension. However, provided that those Manipur Government employees who retired on or after 1.1.1996 only shall be entitled to the revised pension at a higher percentage and those who retired before 1.1.1996 shall be entitled at a lower percentage. The pensioners who retired before the said cutoff date approached the Court. A single bench of Manipur High Court at Imphal delivered a judgement on 24-3-2005 striking the above OM pointing out the decision of Supreme Court in Nakara Case. But, Govt. of Manipur appealed against it. After eleven years, on 1-3-2016, the Division Bench of same High Court delivered a different judgement which went against the pensioners. The Pensioners Association approached Supreme Court of India. Now, the Division Bench of Supreme Court, consisting of Justice M R Shah and justice B P Boppanna, pronounced yet another good judgement on 11-7-2019 upholding the historic judgement in Nakara Case. Once again it is declared that pensioners cannot be divided on the basis of their date of retirement. Hereunder we reproduce the relevant Para 9 of the said SC judgement dated 11-7-2019. …. Editor]
9. In view of the above and for the reasons stated above, we are of the opinion that the controversy/issue in the present appeal is squarely covered by the decision of this Court in the case of D.S. Nakara (supra). The decision of this Court in the case of D.S. Nakara (supra) shall be applicable with full force to the facts of the case on hand. The Division Bench of the High Court has clearly erred in not following the decision of this Court in the case of D.S. Nakara (supra) and has clearly erred in reversing the judgment and order of the learned Single Judge. The impugned judgment and order passed by the Division Bench is not sustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. The judgment and order passed by the learned Single Judge is hereby restored and it is held that all the pensioners, irrespective of their date of retirement, viz. pre1996 retirees shall be entitled to revision in pension at par with those pensioners who retired post1996. The arrears be paid to the respective pensioners within a period of three months from today.
12/07
Kerala circle Association has remitted a sum of Rupees One Lakh to the Fani Relief fund of our Orissa Circle Unit. Kerala Circle association fixed quota for all SSA Units and they, in turn, remitted the money immediately to Circle feeling the urgency. 
Congrats, Kerala comrades for the timely action.... PSR 



12/07
Shri Sathish Kumar, Jt CCA, Kerala has sent to me a soft copy of the Handbook for Retirees, prepared by Dept of Telecom on the new SAMPANN. It is uploaded below.
I am thankful to Sathishkumar, one of the officers worked behind the scheme..... PSR 
Click here to see the book: handbook-for-retirees.pdf

Wednesday, 3 July 2019

FROM TVL WEB FOR THE BENEFIT OF OUR MEMBERS.

PENSION REVISION OF DOT PENSIONERS RETIRED FROM THE GRADE IV

The sixth CPC had originally granted Rs 4200 as Grade Pay to the scale of 6500-10500 
(in fifth CPC).  Later on, the Grade Pay was hiked to Rs 4600 by the Government.  
But, when the concordance table was prepared for revision of pension with third option, 
w.e.f 1-1-2016,  old rate of Rs 4200 only was taken into account.  Some of our 
DoT pensioners were working in Grade IV with the said scale of 6500-10500.  
They should get the benefit of Grade Pay of Rs 4600.  I brought the matter to the notice of 
Com. S C Maheswari, SG of Bharat Pensioners Samaj.  He promptly took up the case.  
The Department of Pension did not agree first.  Karnataka P&T Pensioners Association 
also took the up the case.   Later on, DoP&PW realized the error and then they took up 
the matter officially with Department of Expenditure.

Now, on 22-5-2019, the DOE has issued a new concordance table for the said scale of pay
with Rs 4600 as Grade Pay.  But it is not a general order.  It is a letter addressed to the 
Under Secretary of DoP&PW.  

Now, the DoP&PW has to issue a general order.   I hope it will be issued soon.  
I am watching.
This is for your information.  

… PSR …

IT DEPARTMENT PRE-FILLS YOUR ITR1 / ITR4 NOW


Dated 28.06.2019 :  
Income Tax Department has  now introduced  a facility  in their 
e-filing site     wherein  ITR1 / ITR4  forms are pre-filled by them based on the   information available with them through 26AS .  

 This facility will be a boon for   a salaried person / pensioner earning  interest on deposits also. The following details will be
 pre-filled by the Income Tax Department . 

1.  PAN Number , Name and date of Birth 
2. Address . AAdhaar number , Mobile Number and e-mail address 
3. Tax Paid , TDS and TCS  Details  ( From FORM 26AS ) 
4. Salary Income , Allowance and Deductions ( From Form 24Q ) 
5. House Property Details  ( From ITR of Previous Year ) 
6.  Interest Income &  TDS (  From 26AS ) 
7.  Tax relief under Sec 89  
8. Bank account Details  ( From  ITR of previous year  ) 
9 . verification Details  .   

However    IT  Department advises  you to  verify the pre-filled data carefully 
and add any other taxable income which is not pre-filled.  . Further  Last date for 
filing of TDS statement and issue of TDS certificate by Deductor is 30th June, 2019 and 10th July, 2019 respectively. In case the TDS data  or any other data is yet to be submitted by the Deductor , taxpayers are expected to fill these details themselves.   

How to Get Pre-filled  Forms ? 

1. Login in  to the website https://www.incometaxindiaefiling.gov.in/home  
2. Go to   Dropdown Meny of "' MY ACCOUNT "
3. Chose " Download Pre-filled XML " 
4. Select Assessment year 2019-20 and   Form no ITR1 / ITR4  
5. Once you press continue button ,  you will get DOWNLOAD XML . 

BEFORE SUBMITTING , CHECK YOURSELF WHETHER YOU ARE ELIGIBLE  
TO SUBMIT  ITR1 / ITR 4 AND WHETHER  THE DETAILS FILLED ARE 
CORRECT AS PER  THE RECORDS YOU ARE HAVING  . IN CASE OF ANY DISCREPANCY ,  TAKE UP WITH YOUR  TAX DEDUCTOR FOR CORRECTION 
AND  RECTIFY ALREADY FILLED UP FORM  AND ADD ANY MISSING ITEM 
BEFORE SUBMISSION.

Dated 26.06.2019 :  Income Tax Department has since revised IT Return forms 
ITR 2 , ITR 3 and ITR 5 for FY 2018-19 in order to accommodate entries arising
out of Long term Capital gains (LTCG) .

In case of long term capital gains (LTCG) arising on sale of equity shares or unit of 
equity oriented fund or unit of business trust on which STT is paid, separate 
computation of capital gains should be made for each scrip or units of mutual fund 
sold during the year and aggregated amount should be provided in the returns  . 
Hence  item No. B4 (ITR 2)/B5( ITR 3)/  B5(ITR 5) (in case of residents) or item No. B7 (ITR 2)/B8(ITR3) /. B8(ITR5)   (in case of non-residents)  have been introduced by 
IT Department . The Utility  available  in IT   Department's website  has been 
updated and relevant validation rules are relaxed .

 CLARIFICATIONS ON   ISSUE OF  FORM 16 BY EMPLOYER : 
Employer  is obliged to issue to its employees Form 16  
(Certificate for tax deducted at source for salary) before  15th June of the 
assessment year so that  employee can file his Income tax return before the due 
date For FY 2018-19 ( AY 2019-20  )  . DUE  DATE  TO SUBMIT IT RETURN IS 31.07.2019 .     (Employers  are since given extended time up to 10th, July 2019  
for issuing revised Form 16  by the IT  Department) 

Please obtain following information from the employer if you have  perquisites 

exempted from Income Tax : 
1. Death–cum-retirement gratuity   received  
2. Commuted value of pension  received  
3. Earned leave encashment on  retirement  
4. Amount received/receivable on  voluntary retirement or termination of service
5. Leave Travel concession/assistance  
6. Tax paid by employer on non-monetary perquisite  
7.House rent allowance . 
8. Prescribed allowances or   benefits specifically granted to meet expenses
incurred in performance of duties of office or employment  . 
9. Prescribed allowances or   benefits granted to meet personal expenses in
performance of duties of office or employment  or to compensate for increased 
cost of living.  
10 .Allowances or perquisites paid or  allowed as such outside India by the
Government to a citizen of India for rendering  services outside India  .
11. Remuneration received as an  official, by whatever name called, of an
Embassy, High Commission etc 
12 .  Any other allowance received 

ISSUE OF  TDS CERTIFICATE IN   FORM 16A BY  BANKS  : 
Banks / Financial institutions   are  obliged to issue to  their deposit holders  
employees Form 16A.

For detailed illustrations issued by IT Department:
WHO IS OBLIGED TO FILE IT RETURNS ? 
Every individual or Hindu Undivided Family ( HUF )  is obliged to submit  
Income Tax returns if they meet following criterion  . 

1. Income exceeding Rs 2,50,000  in case of individuals below 60 years 
2. Income exceeding Rs 3,00,000  in case of individuals  above 60 years and 

below 80 years 
3. Income exceeding Rs 5,00,000  in case of individuals above 80 years  

Note : Income means  total income  in the financial year 2018-19 before allowing deductions under chapter VI -A of Income tax act . 

Submission of IT Return is not complete without  verifying the same .  For various 
ways of verification.
ITR 1  , ITR 2 , ITR 3  and ITR 4  can be  e-filed on Incometaxefiling site .   

As per amended  section 270A  of Income Tax act ,  mis-reporting of income may 
be fined 50  % of tax upto 200%
                                                                                                                                                                                                                                                                                
Due  Date for filing IT Returns for individuals for FY 2018-19 is   31st , July 2019 .

 You require following documents before  starting to fill up IT Returns  . As some 
time is required to collect from the relevant issuers  ,  you may contact them  
at the earliest  if you have not obtained so far . If you don't have AADHAR , 
APPLY NOW AND OBTAIN ENROLLMENT ID OF AADHAR APPLICATION 

1. Your AADHAR NUMBER / CARD 
2.Salary certificate / Form 16 issued by employer  in the new format ,
3.Interest certificates ,
4. Life Insurance premium certificates , health Insurance premium  paid certificates , 
5. Bank account statements  for housing loans and savings bank accounts etc 
6. TDS Certificates  from employers / Deposit holders 
7. Form 26 AS   which shows the tax  amount already credited to your account
8. Capital gain certificates / statements from your stock brokers  
9. Copy of last year return submitted  .
10. Your bank name , account number  and IFSC code of the bank branch 
11 . Any other relevant documents if you have any other income 

b. Link your Aadhar number to  income tax e-filing website 

c. Verify  Taxes paid  already   in Form 26AS    and confirm that all tax deducted     
for you  by  your employer /  bank as given   in   Form 16 or Salary receipt  
is credited to your account with income tax department .   You can 
view   26 AS ( Tax  Credit )  in the income tax department's website by logging in  . 

​d.  Tax returns are made simple now . If you are eligible to file IT Returns  ITR 1 
 
(SAHAJ ) , you can now prepare and submit on line itself on the income tax e-filing website  You may yourself file on line or use or utilise the service of  Tax Return  Preparers ( TRPS )  authorised by Income  Tax Department ., if you are  not 
confident of using the on -line services .   Otherwise you may use your chartered accounts for the job . 

The benefits of filing  tax returns early is 
1. You will have sufficient time to collect relevant documents ,  prepare , 
cross check and then submit . You can reduce errors . 
2. As the income tax servers would be relatively free , last minute slowdown of computers   due to heavy rush for submissions . 
3. Processing of your returns by IT department would be faster and you will get 

refunds faster . 
4. You will   be avoiding penalties , interest etc levied on belated submission .

So take steps now to  have advantages of filing IT Returns early

THANKS TO TVL WEB

OUR LEADERS EFFORTS ON PENSION REVISION

VERY SUCCESSFUL MEETINGS...

AT HUBLI:
As reported earlier, our GS Com. Gangadhara Rao, along with Com Changappa (CS, KTK Circle) and leaders of Hubli met Shri Pralhad Joshi, the fourth time MP from Hubli-Dharwad on 22-6-2019 and sought his help to settle our demand for pension revision. Comrades Radhakrishna (AGS CHQ), Gandigawad (VP HB), Shivananda (VP KTK), S T Pawar (DS HB), S L Purjar (OS HB) were also present.
Shri Pralhad Joshiji is now Minister for Parliamentary Affairs, succeeding his close friend late Sh. Ananthkumar.

IN DELHI ON 1-7-2019:

On the instruction from Sh. Pralhad Joshiji, Com. Gangadhara Rao, Com. Changappa and our senior Vice President Com. D Gopalakrishnan reached Delhi on 30-6-2019. They, along with Com. Anupam Kaul (AGS CHQ), Com. M K Bagchi (Veteran leader of MTNL Pensioners) and Com. S S Nanda (Convener of RTOWA Delhi) met Shri Joshiji in his office at 10 AM .

Shri Joshi was very effective as Ananthkumarji.He arranged a meeting with Minister of State for Communications, Shri Dhotre Shyamlal Shamrao.

MEETING SHRI DHOTREJI

Our leaders met Shri Dhotre, MOS© at 4.30 PM and handed over a letter explaining our demand. He was very friendly and positive. After going through our letter he desired that we should meet senior minister Shri Ravi Shankar Prasad.

MEETING Sh. RAVI SHANKAR PRASADJI:

Once again, Shri Pralhad Joshi helped.He arranged a meeting Communication Minister Shri Ravi Shankar Prasadji. Comrades Gangadhara Rao, DG, M K Bagchi, Changappa and Nanda met the minister at 6.35 PM on 2-7-2019. The meeting lasted for 15 minutes. Initially, the minister was very angry with performance of BSNL.Our leaders explained our case slowly. He heard it very keenly and understood the matter. We told him
1.We are asking for pension revision after ten years.
2.There is no liability for BSNL on Pension Revision.
3.The financial liability lies with Government only.
Shri Ravishankar Prasad asked some questions too and our leaders explained that
a) All staff unions have demanded delinking of pension revision from pay revision in BSNL.
b )We have addressed (in our letter handed over to him) the issue of probable anomaly in the pension of post-2017 retirees.
c) The financial liability may be around Rs 650-700 crore.

We further informed him that
(1)DoT sent a letter to Dept of Pension in November 2019 for which DOP&PW asked DoT to submit concrete proposal about pension Revision. DoT did not submit it. We approached the DoP&PW.On 8-3-2019, DoP&PW again asked DoT to submit the concrete proposal. Depite of it, the DoT has not done it.
(2) Entire BSNL/MTNL pensioners await an intervention by the Honourable Minister.

After hearing the leaders, Shri Ravishankar Prasad, the Minister for Communications assured categorically; “I will take care of it”

We are Hopeful. We thank Shri Pralhad Joshiji, his personal staff, the comrades of Hubli and Karnataka for the great work done.



The letter we handed over to Shri Ravi Shankar Prasad and Shri Dhotre is given below:
ALL INDIA BSNL PENSIONERS’ WELFARE ASSOCIATION
Central Head Quarters [ Regd. No. T 1833/09 ]
H. No 6, G No 12th Street, Jogupalya, Halasuru, Bangalore 560008
To
Shri Ravi Shankar Prasadji,
Hon. Minister for Communications and Information Technology,
Government of India, Sanchar Bhawan, New Delhi 110001.
Respected Sir,
Sub: Pension Revision from 1/1/2017 for BSNL/MTNL IDA pensioners
We are constrained to seek your kind help on the above issue sir.
Background
1.When the Govt. proposed corporatisation of DoT in 2000, there were protests from the employees.The Govt. appointed a GoM under the chairmanship of Shri Ram Vilas Paswanji, then Communication Minister, to look into the demands of the employees.After several rounds of discussions GoM had with leaders of unions, Govt. issued a gazette notification on 30/9/2000, one day prior to formation of BSNL, amending CCS (Pension) Rules 1972 by incorporating Rule 37-A.
2. Sub-rule 22 of Rule 37-A states “Nothig contained in sub-rules (13) to (21) shall apply in the case of conversion of the Departments of Telecom Services and Telecom Operations into Bharat Sanchar Nigam Limited and Mahanagar Telephones Nigam limited in which case the pensionary benefits including family pension shall be paid by the Govt.”
3. Sub-rule 23 states “The Govt. shall specify the arrangement and the manner including the rate of pensionary contributions to be made by BSNL & MTNL to the Govt. and the manner in which financial liabilities on this account shall be met”.
4.Accordingly the absorbees who retired from BSNL/MTNL got their pension including family pension from GoI.
5. In CPSEs, pay of the executives is revised in accordance with Pay Revision Committee (PRC) recommendations.The terms of reference did not include ‘pension revision’ in any of the three PRCs.The pay of the non-executives are revised as per the agreement between the management and the recognised unions.BSNL revised the pay in accordance with 2nd PRC recommendations (with 30% weightage of pay + DA) w.e.f. 1/1/2007.But simultaneously the pension was not revised for those who retired prior to 1/1/2007.
6. After several struggles and negotiations, DoT issued an order on 15/3/2011 based on Cabinet decision, for revision of pension from 1/1/2007 for those who retired before 1/1/2007.The revision was on the same formula that was given to employees to avoid any anomaly in pension for those who retired prior to 1/1/2007 and those who retired after 1/1/2007.
Changed situation
7. There is a change in the situation now with regard to sub-rule 23 of Rule 37-A of CCS (Pension) Rules 1972.Before 20/7/2016, the Government’s liability for payment of pension/family pension was limited to 60% of revenue received from BSNL/MTNL by way of various taxes.But, by a decision of the Cabinet, DoT issued order on 20/7/2016 annuling that condition which means that it is not linked to the revenue of these two CPSEs.Now 100% liability lies with GoI.However pension contribution is being paid by BSNL/MTNL to the Govt.
8. Conditions mentioned in 3rd PRC recommendations do not permit these two CPSEs, which are facing serious financial crunch to revise the pay of the employees as per 3rd PRC recommendations.
9. Now, the pension revision has nothing to do with the financial position of these two CPSEs as explained in para 7.Hence pension revision need not be linked to pay revision.
Our Demand
10. Pension revision from 1/1/2017 i.e. after 10 years of last revision, by applying 32% weightage as recommended by 7th CPC and implemented to more than 56 lakh C.G. pensioners w.e.f. 1/1/2016.We request for application of a multiplying factor of 2.515 (100 + 119.5 + 32 = 251.5).Beneficiaries may be around 2 lakh pensioners.
Justification
11. C.G pensioners and BSNL/MTNL pensioners (combined service optees) are covered under the same CCS (Pension) Rules 1972 and all the retirement benefits including gratuity are similar to both of them.
12. Both C.G pensioners and BSNL/MTNL pensioners are getting their pension/family pension from Central Civil Estimate. The CGHS facilitiesare available only to BSNL/MTNL pensioners as they are drawing pension from Central Civil Estimates whereas the employees of BSNL/MTNL are not eligible for the CGHS facilities.
13. Almost all the recommendations of CPC like pension formula, enhanced family pension, age-related additional pension, commutation table etc. are made applicable not only to C.G CDA pensioners but also to BSNL/MTNL IDA pensioners.
14. The minimum & maximum pension of BSNL/MTNL IDA pensioners are not linked to the minimum/maximum pay of BSNL/MTNL but to that of Central Government.
Doubts and our clarifications
15. Pension is related to pay and whether pension can be revised without pay revision is one doubt.It is true that pension is related to pay at the time of initial fixation of pension but pension revision was based on ‘existing pension’.Further, minimum/maximum pension of BSNL/MTNL IDA pensioners are not related to their minimum/maximum pay in BSNL/MTNL but that of C.G. employees’ minimum/maximum pay.Hence that doubt is not valid.
16. The C.G. pensioners are getting pension on CDA pay and Dearness Relief under that formula but BSNL/MTNL IDA pensioners are getting pension on IDA pay and DR under that formula is another doubt.It is the legal requirement that any CPSE started after 1/1/1989 should only have IDA pay as per Apex Court judgement dated 03/05/1990.Rule 33 & 34 of CCS (Pension) Rules 1972 statesthat pension should be determined on the basis of emoluments or average emoluments drawn at the time of retirement.So, the argument of CDA & IDA pattern is not a valid one.
17. If CPC fitment factor has to be applied to these IDA pensioners, then their pay has to be notionally revised from IDA to CDA on the basis of 19/9/2003 OM of DoP&PW according to concerned officers in Sanchar Bhawan.When the DoT proposed this during the last pension revision, DoP&PW which issued that OM did not agree and it was a settled matter at that point of time itself.Re-opening of an already settled matter shall not stand legal scrutiny.
18. If 32% fitment factor is given to those who retired prior to 1/1/2017 and if there is no pay revision for employees from 1/1/2017, then an anomaly will arise between those who retired prior to 1/1/2017 and retired after 1/1/2017.It would be a real issue and to solve this issue, we suggest that for those who retire after 1/1/2017 may be given 32% of basic pay at the time of retirement notionally and their pension can be fixed, taking into account the notional pay.There are precedences to fix the pension on the basis of notional pay.That would avoid any financial burden on the part of BSNL/MTNL. When 50% DA merger order was issued to pensioners on 18/7/2016, it was fixed on notional basis from 1/1/2007 to 9/6/2013.So, there is a solution to this problem also.
Conclusion
19.Nothing defies a solution provided there is a will. We are conscious that our demand requires a policy decision and it can’t be conceded by the officers in a routine way. We earnestly request the Hon. Minister for Communication to direct the concerned officers to send a concrete proposal, with justification quoted above, as a reply to their communication including their letter dated 8/3/2019 (copy enclosed). When we had discussions with concerned officers in DoP&PW, they informed us that they are willing to consider the demand provided DoT sends a concrete proposal with due justification.
Thanking you
Yours faithfully,
(P.Gangadhara Rao)
General Secretary.
Encl:DoP&PW letter dated 8-3-2019
.... (Identical letter was addressed to Shri Dhotre, MOS(C) also)...