ALL INDIA

BHARAT SANCHAR NIGAM LIMITED

EXECUTIVES’ ASSOCIATION
Central Headquarters
New Delhi-110001
President General Secretary Financial Secretary
Subhasis Mitra S. Sivakumar Ramnath Chabra
Mob:094320 01010 Mob:09486102121 Mob: :09868231711
E-mail:[email protected] E-mail:[email protected] E-mail:[email protected]

No: AIBSNLEA/CHQ/22820/CMD/2020 Dated: 02.07.2020

To,
Shri P.K. Purwar,
CMD, BSNL
New Delhi - 110001

Subject: Pay parity of Rs 22820/- for the directly recruited Executives especially
thedirectly recruited JTOs of 2007 and 2008 batches and directly recruited JAOs
of 2010 batch.
Ref: BSNL CO Lr. No. 1-17/2016-PAT (BSNL) dated 10.01.2017

Respected Sir,

We would like to draw your kind attention on the above cited subject. In this regard, we wish to
submit that in BSNL, the basic pay and the Pay Scales of the Executives recruited prior to
01.01.2007 and after 01.01.2007 onwards are entirely different which created widespread
resentment among the Executives recruited after 01.01.2007. There is huge difference in Pay to
the tune of Rs 10000/- between the two sets of Executives. Even their Pay scales are not
finalized so far. They are demoted to a lower Pay scale and placed in E1 scale provisionally.
This Association was representing this matter at different level for quite long time. Consequent to
this the Management constituted a Committee to examine the issue of Pay parity.

We would like to further submit that:

i) JTOs of 2005, 2007, 2008 batches and the 2010 batch DR JAOs were recruited and appointed
in the pre-revised Pay Scale of 9850-250-14600 and were drawing Rs 9850/- as entry level pay.
In fact the 2007, 2008 batch JTOs and 2010 DR JAOs joined prior to the 2010 batch JAOs (Deptl
candidates). More interestingly even 2007 batch JTOs joined prior to some of the 2005 batch
JTOs. In other words, JTOs of 2007 and 2008 batches and direct recruited JAOs of 2010 batch
are similarly placed with the JTOs of 2005 batch (joined after 01.01.2007) and 2010 batch JAOs
(Deptl candidates). There was no difference in basic pay between 2005 batch JTOs or 2010
batch JAOs (Dept) and 2007, 2008, 2010 batch JTO/JAOs as all were drawing Rs 9850/- as
initial basic pay up-to January 2012.

ii) On implementation of 2 PRC in BSNL, the initial basic pay of JTOs of 2005, 2007, 2008
nd

batches and directly recruited JAOs of 2010 batch who joined after 01.01.2007 got fixed at
Rs.19020/- (E1+5 increments) provisionally vide Order No. 1- 29/2010-PAT(BSNL) dated
03.01.2012). This has been done to compensate the reduction in the salary as revised pay
scales for E1A and E2A are not approved by DoT and BSNL implemented E1 and E2 Pay
Scales provisionally in place of E1A and E2A. Further this benefit has been extended to the JAO
batch 2010 under 40% and 10% quota for Dept candidates vide Order No. 1-5/2012-PAT(BSNL)
dated 20.12.2012.

iii) After implementation of 2 PRC, initial basic pay of JTOs of 2005 batch joined in BSNL after
nd

01.01.2007 got fixed at Rs. 22820/- vide order No. 1-14/2009-PAT (BSNL) dated 09.12.2013 as
a special case in order to remove the disparity in pay between the Executives of the same batch
of 2005. This was the first instance of relaxation.

iv) The benefit of fitment and option under para 3.6 of Non-Executives Wage revision order has
been extended to the employees of CSS cadre who have been promoted to the grade of Asstt.
Manager in BSNL Corporate Office and joined after 07.05.2010. This was the second instance of
relaxation.

v) Similarly JAOs of 2010 Batch (40% quota-Dept candidates) were allowed to exercise the
option under para 3.6 of Non-Executives wage revision order for fixation of pay in the revised
pay scale from the date of promotion in the grade of JAO, as per order No. 7-4/2010-SEA-BSNL
(Pt-I) dated 24.07.2015 again as a onetime dispensation.

vi) As a result, after Pay Revision, the entire situation changed and the difference in basic pay of
JTO/JAOs of 2007, 2008, 2010 batches become Rs 3800/- (Rs 22820 – Rs 19020) comparing to
the 2005 batch JTOs and 2010 batch Dept JAOs. If other allowances are added, the real
difference in salary today will be aroundRs 10,000/-. On implementation of 3 PRC, the difference
rd

will further increase and continue with time due to increase in IDA and annual increment. Further
all are facing major losses in the form of career progression (time bound promotion), retirement
benefits like E.P.F., Gratuity etc., due to discrimination of the initial basic pay compared to other
similarly placed JTO/JAOs.

vii) The Pay of the Non-Executives who were officiating as JAO in the Pay scale of Rs 9850-
250-14600, followed by Regular promotion as JAO after 07.5.2010has been fixed at Rs.22820
and above in the revised Pay scale w.r.to 2 PRC recommendation with 30% fitment on the date
nd

of their Promotion by exercising option as per the Committee recommendation. But the same
benefit has been denied to those who were recruited and appointed in the year 2008, 2009 and
2010 and worked in the Pre revised Pay scale of Rs 9850-14600/- and were drawing the Pay of
Rs 9850/- in the Pre-revised Scale (plus annual increments) till January 2012.

viii) Hence it is established that BSNL extended Pay fixation of Rs 22820/- and above in the
Revised Pay Scale to the JTOs of 2005 batch(joined after 01.01.2007), the CSS cadres and the
JAO 2010 batch(Dept). Similar benefit has to be extended to the JTO/JAOs joined upto 2010, in
the pre-revised Pay Scale of Rs 9850-250- 14600. All the JTO/JAOs who has joined after
01.01.2007 and whose pay were fixed at Rs 9850/- on their appointment cannot have different
pay in the name of Pay revision. It is a clear disparity and Pay anomaly among the similarly
placed JTO/JAOs as such all the JTO/JAO recruits upto 2010 are to be placed equally,and their
initial basic pay may be fixed at Rs 22820/- from the date of their appointment in the RevisedIDA
Pay Scale of Rs 16400-40500

AIBSNLEA gave presentation for the removal of Pay anomaly in this regard to the
Committee headed by PGM (PF) Smt. A. Panda and explained that already some Pay
Anomaly cases of JTOs 2005 batch, JAO 2010 batch and Asstt. of CSS cadre have been
settled by BSNL Management. In the same line this issue also needs to be settled.The
Committee has submitted its report to the Competent Authority for consideration but case
remains pending.

ix)The Committee constituted to examine the Pay loss and option issue in respect of the Dept
JAOs of 2010 batch at 5(b) of its report observed that“However after clarification dtd.
18.5.2011, the Pay of such JAOs got reduced by Rs.2600/-“. But for the JTO/JAO batches
of 2007, 2008 and 2010, whose basic pay was genuinely fixed in pre-revised scale at Rs
9850/-, Management simply ignored the loss of Rs. 3800/- in the basic pay itself after 2nd
Pay revision.

On the cut-off date of 07.05.2010, the same Committee at 5(c) of its report “observed that
there has been no such restriction of any date either in 2 PRC for Executive dated
nd

05.03.2009 and clarification dated 31.03.2009 or in the recommendation of Wage Revision

Committee for Non-Executives”, which is equally applicable to JTO batches of 2007, 2008
and DR JAOs batch of 2010 who joined prior to the JAOs promoted in year 2010.

x) The findings of the earlier Committee constituted to examine the pay loss and option issue for
the Dept JAOs of 2010 batch recorded in the note sheet of F.No.7-4/2010- SEA(pt-1) through
which Non-Executives, promoted as JAOs after 07.05.2010 were given the option to choose
revised scale from the date of promotion reiterates the above submissions. The Committee
recommendations in 5(a) to 5(d) with respect to Dept JAOs of 2010 batch is reproduced in the
note sheet for the information.

5(a): As per the fitment table, the corresponding to pre-revised Pay of Rs 9850-250-14600 in
revised IDA Pay Scale of Rs 16400-40500 is Rs 21620/-, the same has been revised to Rs
22820/- after merger of IDA 78.2% vide order No: 1-16/2010-PAT dated 10.06.2013.

5(b): That after issuance of Wage Revision orders for Non-Executives dated 07.05.2010 and as
per the option exercised, the pay of many JAOs in Circle like CHTD, Gujarat, Orissa, Punjab,
HP, WTP, NTR, MP, Kerala, CTD, WB etc were fixed as per fitment. However after clarification
dtd 18.5.2011, the pay of such JAOs got reduced by Rs.2600/-.

5(c): The Committee observed that there has been no such restriction of any date either in 2 nd

PRC for Executive dated 05.03.2009 and clarification dated 31.03.2009 or in the
recommendation of Wage Revision Committee for Non-Executives.

5(d): The benefit of fitment has also been extended to such employees of CSS cadre who
have been promoted to the grade of Asstt. Managers and joined after 07.05.2010.

xi) Since there is no cut-off date as observed by the earlier Committee at 5(c), BSNL
Management has to extend the same benefit of Rs 22820/- for all the Executives recruited even
after 2010 also. Further as per records, BSNL operated the Pre-revised Scale till January 2012,
giving scope to all the Executives joined/continued upto that date in Rs 9850/- and should get the
same pay of Rs 22820. For the JTOs of 2007, 2008 and DR JAOs of 2010, it is a matter of
clear discrimination and anomaly and for the later recruits; it is a matter of parity in pay
with others.

xii) Management may consider the Pay fixation done for the post 2007 recruited
Executives in other CPSUs also, on promotion as well as direct recruitment. In OIL (Oil
India) similar anomaly addressed by upgradation of the Pay scale to next higher Pay scale
for all the Executives.

xiii) Some relevant portion of some of the Court orders are reproduced hereunder:

a) Hon Supreme Court Judgment dated 01.05.1985 in P. Savita, vs. Union of India:

Even though this judgment is on classification of the same cadre based on seniority with two
different Pay Scales, the observation at page 5 of the judgment is relevant: “That is, for the same
work and same functions, the appellants would get less pay than the other group of Senior
Draughtsmen. The explanation is that this division is based on seniority. This cannot be
accepted as sufficient to meet the requirements of law. By seniority, a Senior Draughtsman will
get higher pay with the increments that he earns proportionate to the number of years he is in
service.”

b) Hon Delhi High Court judgment in UOI &Anr Vs Sanjay Kumar & Ors WP(C) No:

2071/2007. “There cannot be discrimination among employees holding the same posts and
doing similar nature of work in terms of their pay scale unless one has higher qualifications”.

c) Hon Calcutta High court vide case of Mr. Ibrahim MollahAndAnr. vs Union Of India (Uoi) And
Ors. On 17 November, 1992 Equivalent citations:

(1994) 2 CALLT 410 HC held that “That is, for the same work and same functions, the appellants
would get less pay than the other group of senior draughtsman. The explanation is that this
division is based on seniority. This cannot be accepted as sufficient to meet the requirements of
law. By seniority, a senior draughtsman will get higher pay with the increments that he earns
proportionate to the number of years he is in service.”

Sir,BSNL has implemented the 2 Pay Revision in such a manner that directly recruited
nd

Executives (JTO/JAOs) appointed after 01.01.2007 are getting gross salary quite less than the
Pre-revised Salary. The Pay revision should benefit the Executives of CPSUs and would help
CPSUs to attract and retain talent. But it has created pay disparity between Executives recruited
just before and after 01.01.2007 to the tune of more than Rs. 10000/- per month. The pay
loss/parity issues of (1) Post 01.01.2007 appointed JTO of 2005 batch, (2) All Non-Executives
promoted as Executives after 01.01.2007 in the form of option under para 3.6, (3) Post
07.05.2010 promoted CSS cadre and 4) Post 07.05.2010 promoted JAOs are addressed by
extending “One time dispensation” repeatedly as and when required. The JTOs of 2007, 2008
batches and DR JAOs of 2010 batch also recruited in the same Pre-revised Pay Scale of Rs
9850-250-14600 and extended the basic pay of Rs 9850/- or minimum of E1A scale as
mentioned in the recruitment notices. All of them joined prior to the promoted JAOs of 2010
batch and AMs promoted from CSS cadre.

In view of the foregoing, we request your good self to kindly intervene in the matter and
cause to issue necessary instructions to the Officers concerned to extend the similar
reliefto the JTOs of 2007, 2008 batches and DR JAOs of 2010 batch by fixing their initial
basic pay at 22820/- to end the disparity in pay between the Executives.

With Kind regards,

Yours Sincerely,

(S.Sivakumar)
General Secretary

Copy for kind information and necessary action to:

1. Shri. Arvind Vadnerkar, Director (HR), BSNL Board, New Delhi- 110001.
2. Shri. Arun Kumar, PGM (Pers), BSNL Corporate Office, New Delhi- 110001.
3. Shri. Saurabh Tyagi, Sr.GM (Estt.), BSNL Corporate Office, New Delhi- 110001.