Editorial

The BSNL Board decision for Parity and Uniform Functional promotion avenues in all the streams is to reach its logical conclusion. One of impossible tasks made possible by the excellent team work by BSNL management and the Association. 10,676 Executives promoted in a month, the first direct impact of CPSU Hierarchy which given the management the flexibility to upgrade posts. Another 18,500 Executives are waiting for promotion to different grades.

It was really impossible or simply we cannot imagine to complete the DPC for all the vacancies in all the cadres in all the streams, except SDE(T) and CAO, within a record time of 10 days and issue the promotion orders for 10,676 Executives on 29.06.2018, one day before the target date of 30.06.2018. It was an excellent team work by BSNL management and the Association to accomplish the uphill task. We demonstrated it earlier on 15.06.2018, by issuing JTO to SDE promotion orders in just one week. This established that BSNL management and the trade unions together can do wonders. This success story is to be replicated in the field units also.

Having said that, the next phase to bring parity and uniformity in the promotional avenues for the Executives of various streams is not an easy task. Management started wavering as in the case of E2 and E3 pay scales and vested interests are playing into the gallery for obvious reasons. It is our sole responsibility as the Recognised Executives Association to ensure that the demand for parity in promotion is not a onetime measure and not chocking the promotional avenue for the Executives in future. We want to make it very clear to the BSNL management and to our members that promotion is possible in the future only by delinking the promotions from availability of posts.

The classic example of standard pay scale proposal is infront of us. When we raised the limited demand of E2 and E3 scales replacing the intermediary pay scale of E1A and E2A, vested interests tried to sabotage it by raising the demand of cascading effect. Management also played its role in this regard. Ultimately even E2 and E3 scales not settled so far, leave the cascading effect and upgradation of other scales. If E2 and E3 scales had settled earlier, now we could have tried for the upgradation of remaining scales along with the 3^rd PRC.

Our demand for parity and uniformity in promotions should not become a non starter because it will end the future career growth of our Executives. The HR plan is to be finalised sooner or later, which will take away the existing promotional avenues. When the total number of sanctioned post is reviewed based on the actual assets, the total number of posts will be drastically reduced. Today the sanctioned post is based on the assets during the year 2004. Even the recent promotions may become excess and there will be supernumerary SDE/AO/DE/EEs also in the near future. The HR plan and review of posts based on the current assets is stopped by us for the last 4 years, since 2014, pending finalization of Uniform Time Bound Functional Promotion policy. 

SNEA had shown the courage to demand parity in all the promotions in equivalent cadres. Naturally some section of Executives as well as the management becomes suspicious as they felt that it is against their interest. But our genuine demand was for equal treatment, no more discrimination and humiliation. It is not a mere demand, we meant business. SNEA will wholeheartedly welcome any initiative by management to give more promotions, without discrimination. We earnestly request the management to take immediate steps to bring parity in promotions by whatever the method it deems fit.

The Uniform Time Bound Functional Promotion policy is to be implemented w.e.f 01.07.2018 for the rest of the Executives to get promotion to Manager, Sr Manager, AGM and Jt DGM grades and for ensuring continuous promotional avenues in the future also. In the absence of the new Uniform Time Bound Functional Promotion policy, the Executives cannot imagine a promotion in the near future.

Management is not coming out openly, what they are going to do. It seems that they are very much happy with the promotions already taken place. As usual, some vested interests also supporting this behind the curtains. We cannot wait for long. Our demand for parity and uniform promotional avenues for all the Executives in different streams and to give promotion to all the eligible Executives, numbering about 18,500 to Manager, Sr Manger, AGM and Jt DGM grades is to be materialized without anymore delay. We have to make all organizational preparedness to launch organizational programs at short notice, latest by middle of August if management fails to maintain its assurances given to us time and again. The proposal for upgradation of posts and notification of Uniform Time Bound Functional Promotion policy is the two issues which we cannot wait for long time. Let us gear up for achieving that goal. 

Joint Forum writes to CMD, BSNL: Arbitrary Instructions to use “Sanchar Aadhar” APP (Developed by M/s Intense Tech) in place of BSNL’s Own App (BSNL Swift) for provisioning of Mobile connections through e-CAF. Award of work to M/s Intense Technologies Limited for deployment of Customer Acquisition and Communication Management System (CACMS) by unnecessarily paying huge amount to the vendor. BSNL has to fully explore its potential in IT sector before outsourcing the works.

GS writes to DIR(HR) demanding uniform policy for consideration of request transfers and maintaining waiting list at BSNLCO.

All Circle/SSA Secretaries are to take immediate action to submit the list of Circle/SSA Office bearers to the respective Circle CGMs/SSA Heads for sanctioning new mobile connection with all India CUG. BSNLCO order for mobile connection is available in the website.  

GS writes to CMD, BSNL regarding conduction of BSNL Sports & Cultural Board meeting on 14.07.2017 with ineligible persons. GS/AIBSNLEA attended the 11th meeting held on 14.07.2017 which is illegal as AIBSNLEA is not a Recognised Association in BSNL. All such illegal nominations are to be reviewed immediately and withdrawn, Assn demanded.

GS writes to Secretary, DoT protesting strongly against the repeated harassment to BSNL Executives by DoT establishment: Pay fixations under the provisions of Executive Promotion Policy (EPP) dated 18.01.2007 is approved by BSNL Board and concurred by DoT. As a CPSU, BSNL Board is having full power to frame the Rules for pay fixation as per DPE guidelines. DoT direction to BSNL to follow Govt guidelines is against the autonomy of BSNL Board. DoT order dated 05.07.2017, reopening the EPP provisions after 13 years is nothing but harassment of the employees. SNEA demands withdrawal of the DoT order.

DoT withdraws the additional increment given on post based promotion from same scale to same scale, in the EPP. This is another retrograde order of DoT after the recent Presidential directive lowering the pay scales from E1A to E1 and E2A to E2.

DoT order states that:

It has been observed that TBP of Executives of BSNL has been given advantage of double fixation of pay, ie. one at the time of time bound upgradation and another at the time of regular promotion to the same scale. This is contrary to the similar scheme of MACP for Govt employees under which fixation benefit is available at the time of financial upgradation while there is no further fixation of pay at the time of regular promotion to the same upgraded post.

1) Para I.II (V) of BSNL OM dtd 18.01.2007 regarding grant of one extra increment on post based promotion under EPP stands rescinded.

2) For serving employees, BSNL will revise the pay fixations to bring them in line with the Govt rules and in such manner as to ensure that no additional pensionary liability arises for the Govt when these officers retire. Recoveries from the employees on this account may be decided by BSNL.

It is not a double fixation or even a fixation at all as stated in DoT letter. It is an incentive equivalent to one increment on functional promotion in order to motivate the executives to take higher responsibility on functional promotion. This has been proposed by none other than the then Secretary(T) and incorporated in the EPP and approved by BSNL Board and DoT in 2007. 

GS and President met GM(SR) on 30.06.2017 and held discussions on the developments on 3^rd PRC and Pension Contribution on actual basic pay instead of maximum of the pay scales.

GM(SR) is coordinating with various sections of BSNL in this regard. The information sought by Secretary, DoT, the source of income to meet the additional expenditure of 3^rd PRC is worked out and it will be submitted to DoT with the approval of DIR(HR) and CMD.

GM(SR) is interacting with DoT and Dept of Expenditure on pension contribution issue. His personal efforts had given good momentum to the issue of Pension Contribution on actual basic pay instead of maximum of the pay scales. The matter now reached to Dept of Expenditure, Ministry of Finance. GM(SR) and DGM(SR) had detailed discussion with the concerned officers in DoE and during discussion, they responded very positively. If the issue is resolved in favour of BSNL, which we are very confident, 1000 Cr additional expenditure on pension contribution going to come during 3^rd PRC implementation will be saved. In fact DoPT didn’t responded properly to the query by DoE about their stand on pension contribution in BSNL which created confusion in DoE. However, the reply given to SNEA on 24.04.2014 by DoPT helped a lot to convince the officers in DoE, GM(SR) told. In 2014, SNEA taken up the issue with DoT, DoPT, DoP&PW etc. We met the Hon Union Minister Shri Narayanaswamy and after his intervention, DoPT conveyed their opinion about the pension contribution for the employees absorbed from DoT.

GS writes to Director(HR): Pay fixation on officiating promotion as per the provisions of EPP order dated 18.01.2007 and protection/retention of pay when officiating promotion is followed by regular promotion as per various provisions of FRSR- Withdrawal of wrong clarifications issued on 30.05.2007 and 19.02.2010 as per the decisions arrived in the meeting held on 11.05.2016 and 17.05.2016.

GS writes to Director(HR): Pay fixation on officiating promotion as per the provisions of EPP order dated 18.01.2007 and protection/retention of pay when officiating promotion is followed by regular promotion as per various provisions of FRSR- Hon CAT Madras judgment in OA 310/00440/2014 dated 12.07.2016 fully endorses the stand of the Association in this matter

GS writes to CMD BSNL regarding Guidelines for considering requests of BSNL employees for deputation to outside organizations – Personnel Branch letter dated 21.07.2016.

DoPT issued the orders for revision of pension, gratuity etc for the Central Govt employees and Pensioners.

Implementation of Governments decision on the recommendation of the Seventh Central Pay Commission - Revision of provisions regulating pension/gratuity/ commutation of pension/family pension/disability pension/ex-gratia lump-sum compensation, etc.

---- President is pleased to introduce the following modifications in the rules regulating pension, Retirement/Death/Service Gratuity, Family Pension, disability pension, ex-gratia lump- sum compensation, etc. under the CCS (Pension) Rules, 1972 and Commutation of Pension under CCS (Commutation of Pension) Rules, 1981, CCS (Extraordinary Pension) Rules, 1939, etc.

DATE OF EFFECT: 3.1: The revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1.1.2016.

5.2: The amount of pension shall be subject to a minimum of RS.9000/- and the maximum pension would be 50% of highest pay in the Government (The highest pay in the Govt. is Rs 2,50,000 with effect from 1.1.2016). The provisions of sub-rule (2) of Rule 49 of the CCS (Pension) Rules, 1972 shall stand modified to this extent.

6.2 The maximum limit of Retirement gratuity and death gratuity shall be Rs. 20 lakh. The ceiling on gratuity will increase by 25% whenever the dearness allowance rises by 50% of the basic pay. Accordingly, first proviso under Rule 50(1 )(b) of CCS (Pension) Rules, 1972 shall stand modified to this extent.

For the pensioners retired prior to 01.01.2016:

2.1: These orders shall apply to all pensioners/family pensioners who were drawing pension/family pension before 1.1.2016 under the Central Civil Services (Pension) Rules, 1972.

DoPT issued the orders for revision of pension, gratuity etc for the Central Govt employees and Pensioners.

Implementation of Governments decision on the recommendation of the Seventh Central Pay Commission - Revision of provisions regulating pension/gratuity/ commutation of pension/family pension/disability pension/ex-gratia lump-sum compensation, etc.

---- President is pleased to introduce the following modifications in the rules regulating pension, Retirement/Death/Service Gratuity, Family Pension, disability pension, ex-gratia lump- sum compensation, etc. under the CCS (Pension) Rules, 1972 and Commutation of Pension under CCS (Commutation of Pension) Rules, 1981, CCS (Extraordinary Pension) Rules, 1939, etc.

DATE OF EFFECT: 3.1: The revised provisions as per these orders shall apply to Government servants who retire/die in harness on or after 1.1.2016.

5.2: The amount of pension shall be subject to a minimum of RS.9000/- and the maximum pension would be 50% of highest pay in the Government (The highest pay in the Govt. is Rs 2,50,000 with effect from 1.1.2016). The provisions of sub-rule (2) of Rule 49 of the CCS (Pension) Rules, 1972 shall stand modified to this extent.

6.2 The maximum limit of Retirement gratuity and death gratuity shall be Rs. 20 lakh. The ceiling on gratuity will increase by 25% whenever the dearness allowance rises by 50% of the basic pay. Accordingly, first proviso under Rule 50(1 )(b) of CCS (Pension) Rules, 1972 shall stand modified to this extent.

For the pensioners retired prior to 01.01.2016:

2.1: These orders shall apply to all pensioners/family pensioners who were drawing pension/family pension before 1.1.2016 under the Central Civil Services (Pension) Rules, 1972.

CWC meeting on 08^th and 09^th February, 2016.

Decisions on other important HR issues:

1. Kerala Struggle: CWC had given a standing ovation to the comrades of Kerala Circle for the victory of their historic struggle. The struggle was against corruption, nepotism etc and above all, it was against dismantling of the healthy mechanisms prevailing in Kerala. This struggle exposed those who are acted as agents of corrupt elements, having no trade union ethics. The struggle was a great success in the sense, all the demands of the comrades of Kerala Circle met. The assurance given by the CMD and other Directors that no employee will be punished on vindictive actions is the biggest achievement. All suspensions revoked. All Dies-non cases for 1331 executives are regularized by the leave applications already submitted. All the charge sheets related with struggle and a direct attack on trade union rights will be withdrawn. The vindictive transfers will be cancelled.

On the other hand, two major charge sheets are served on Sri MSS Rao, former CGMT, on charges of corruption (our comrades were charge sheeted for participating in struggle). One is on CBI case and other one on several charges is based on the complaint of SNEA and others. Not only he was shifted from the CGMT post, he has been demoted from CGM post to a DGM level post of Principal, RTTC (our comrades transferred as part of vindictive action). He threatened others about pension, but his pension and retirement benefits are blocked. A clear message to his so called supporters. Salute to the valiant comrades of Kerala Circle, the real fighters.

2. Constitution of 3rd PRC and the terms of reference: Under the banner NCOA, a subcommittee including GS/SNEA has been formed to finalize the memorandum to be submitted to the 3^rd PRC. Pension revision, uniform increment date, open ended pay scale, increment date, grading of PSUs etc are some of the issues identified. All out efforts are to be made to make the company profitable to get all the benefits of 3^rd PRC.

3. Intl MT recruitment and one time DGM recruitment. CWC reiterated its decision to strongly demand for recruitment of MTs from among the Intl candidates immediately. This is very much essential to build a top management belongs to the company in the near future. Since there is sufficient talent available within the organization, outside recruitment is not required. Similarly, recruitment for around 300 DGM posts as a onetime measure, making the Intl candidates eligible to be pursued.

4. JTO recruitment through LICE and direct recruitment especially to the tenure and shortage Circles to be expedited so that all the Rule 8 cases can be settled. CWC resolved to consider maximum Rule 8 cases when regularization of Offtg JTOs are completed followed by TTA to JTO LICE. Special recruitment to tenure Circles to be pursued.

5. 78.2% IDA fitment to the pensioners and removal of 60:40 clause for pension payment. The 60:40 clause inserted by a cabinet decision linking the pension with the receipts from BSNL is to be removed. This is included in the proposed cabinet memo on 78.2% IDA fitment for the pensioners. For smooth payment of pension, this clause is to be removed. Similarly pension revision should be one of the terms of reference of the 3^rd PRC. 

6. ERP implementation: In ERP, procedures followed should be minimised. Even after ERP implementation, paper work is continuing in parallel creating more work load to the field units. ERP is introduced for paperless work but the very purpose of ERP implementation is defeated. CWC took strong exception to this and unanimously resolved to demand that all paper/file work related to ERP modules should be discontinued from next financial year and redeployment of the staff to the field units.

The World Trade Organisation(WTO) will hold its 10^th Ministerial conference from 15-18 December, 2015 at Nairobi, Kenya. Various organizations including NCOA and SNEA hosted a National Convention  IN DEFENCE OF PEOPLE RIGHTS at the 10^th WTO Ministerial Conference, Nairobi on 8^th December, 2015 at Speakers Hall, Constitutional Club, New Delhi.

Dr S P Shukla, Former Finance Secretary, Prof Murali Maniohar Joshi, MP and former HRD Minister, Prof Prabhat Patnaik, economist, Ms Meda Padkar, Prof Janyati Ghosh(JNU), Prof C. P. Chandrasekhar(JNU), Prof Sanjay Dhir (IIT, Delhi), Sri Govindacharya, Sri Ashok Rao, Ms Nadita Narayanan, DU, representatives from farmers and others are the prominent speakers in the convention.

GS/SNEA Com K.Sebastin, Advisor/NCOA  and Chairman/SNEA Com G.L.Jogi, Vice-President/NCOA and Joint Secretary/SNEA Com Arvind Pal Dahiya and Comrade  Sanjay Tyagi  ACS/SNEA BSNLCO attended the convention.

GS writes to CMD, BSNL --- Maligning of this Association by putting in public domain information that is not distorted but completely false and unfounded. Not only has a calibrated and motivated decision, based on totally non- existent grounds, been taken to denigrate Association but sadly and unfortunately the prestige and dignity of the high office of Director(HR) stands compromised by seeking approval of Director(HR) of something that is completely false and has been put in public domain. Needless to mention, a very stern action is immediately warranted against those who mislead the competent authority.

Message from General Secretary

My dear comrades,

I am indeed humbled by the enormous support extended to me by the Representative Council of the XXIX AIC at Jaipur and unanimously electing me once again to lead the greatest and strongest Executives Association in the country. Yes, Comrades, it is indeed a proud privilege for me and the entire set of new CHQ office-bearers to gain your unqualified and unanimous confidence. I bow down my head before all the valiant, determined, committed and courageous comrades of this proud organization, the Sanchar Nigam Executives Association. It adds to my strength, our strength that the AIC unanimously decided to nominate our great leader Com G. L. Jogi as our Chairman to guide us and inspire us in future also. The AIC also decided to give special emphasis and focus on issues related to Finance and Accounts and nominated an officer from the Finance and Accounts wing as Advisor.

In the recent past we were able to make significant breakthroughs  on various issues, the major among them being the ITS issue, BWA spectrum refund, expansion of BSNL in MPLS, Phase VII GSM, NGN, ERP, Wi-Fi hotspots, MLLN eqpt. etc. On the cadre issues also substantial achievements have been worked out by ensuring promotions in different cadres. It stands to our credit that, perhaps, for the first time, promotions have been made current wherever Courts have not interfered with the promotions. Other major achievements are 78.2% IDA merger, recruitment to JTO cadre in 50% Dept quota, amendments in SDE RR and JTO RR, enhancing the quota from 50% to 75% in DE promotion ending adhocism, amendments of BSNLMS RR for Civil/Elect. Standard pay scales of E2, E3...., Time Bound functional promotion or CPSU cadre hierarchy, 30% superannuaion benefits, first TBP uniformly after 4 years etc are progressing in the positive direction. Everyone knows and understands that these are no mean achievements worked out within a short time frame. I must acknowledge that these could not have been achieved without the total, unqualified and active support of all the Circles. Yes, leaders and comrades, we bank only on your complete involvement, your undivided commitment, your never-say-die spirit, your unmitigated energy, your full-throated support.  Indeed that is the message that we draw from Jaipur, which sounded the bugles of unity, which gave the clarion call for oneness. We believe that this oneness should not and cannot be limited to within the Association alone but has to cross the barriers and spread to the entire Executive community and even beyond.

We have emerged  stronger  and more united in the AIC. In fact this was the very message, the message of unity, that had given to the AIC through the GS report. I am sure it gladdens the hearts of all well meaning comrades throughout the country. This message of unity has worked wonders during the agitation of 1990. It worked miracles in the unification of the Executive cadres through the formation of the Sanchar Nigam Executives Association in 2003 at Kanyakumari. And I know pretty well that this shall not end here. The experience from the past, the examples set by our illustrious predecessors, all teach us that the unity that we dream for does not end here. It has to go on until every single Executive in BSNL comes under a single roof, under a single umbrella. Therefore, deriving greater strength out of this strong message of unity, I pledge to stand by and along with this great dream of unity.

We have a plethora of agenda before us. But our immediate attention and focus goes to the most difficult, but not impossible, task before us. Making BSNL profitable by 2017, before the 3rd PRC submits its recommendations, is our short term mission and vision. We know pretty well that it is a Herculean task to wipe out the loss of about 7,000 crores. But nothing is impossible and nothing is insurmountable. The employees of BSNL with the best talent and huge experience do not have the least of doubts in their strength. We have demonstrated it on several occasions in the most adverse conditions. We know, for sure, that the efforts we are going to put in the next two years, is going to decide our future, with the 3^rd PRC in the offing. Our promotions, perks, medical facilities, pension revision, everything depends on the performance during the next two years. We already missed the Performance Related Pay (PRP) during 2^nd PRC itself. If we miss the bus at the 3^rd PRC in 2017, we may be missing it forever with remote hopes of another chance only after 10 years in 2027. So, as it stands today, Comrades, it is "perform or perish". Yes, it is "do or die". But we all know that we have come to this bridge several times before. And we have crossed it at all times. We are extremely hopeful that the Management will extend its most valuable hands by addressing the issues of development and profitability, which we have already highlighted and will be highlighting at appropriate times.

Other major issues at hand are further follow up on the already worked out E2, E3 pay scales till its finality, CPSU cadre hierarchy, 30% superannuation benefits and membership verification. Positive recommendations worked out by us through the Joint Committee on all these issues viz. E2, E3 pay scales, CPSU cadre hierarchy and first TBP uniformly after 5 years are to be pursued with equal vigour in the BSNL Board and the DoT to get the issue resolved once and for all before the next PRC. It will be a great challenge for the CHQ to introduce a performance based mechanism like CPSU cadre hierarchy in BSNL where thousands of Executives are on higher pay scales. It calls for great vision and threadbare analysis at every step, at every level. The pensionary benefits and social security to the BSNL direct recruits are to be addressed comprehensively even at the expense of some risk in negotiations. To introduce the mechanism without further delay is our priority, that also with maximum amount of contribution.

As far as the Verification process is concerned, the shortcomings in the recognition rules will have to be got rectified. And the process, Comrades, has to go on unhampered to completely come to terms with the vision of unity and greater strength. Fragmentation of any sort will only aid and abet the designs of the Management. It shall never contribute to the strength and bargaining power of the Executives and employees. Any unwitting stand on the issue will only contribute to cutting at the roots of the very dream of unity to which we are committed like never before.

Therefore, Comrades, let us take Jaipur as a significant signpost. Not that we are taking any deviation but that we are going ahead with added strength, greater commitment and undying determination to attack and achieve the goals set at Jaipur. Comrades, such bold dreams can never come to you on a platter. But you will have to build it brick by brick, stone by stone, which means hard work, sweat and even bloodshed. I know you are ready for it. I shall not fail you, we shall not fail you. The die is cast. Let us go hand in hand, shoulder to shoulder till we reach the shores of our dream. 

XXIX All India Conference of SNEA held at Jaipur, Rajasthan on 05th to 08th September, 2015 unanimously elected the following office bearers for the next term.

Newly elected CHQ office bearers:

President             : Com A. A. Khan, AGM, BSNLCO.

Vice President      : Com Shankar Sharma, SDE, Rajasthan.

General Secretary : Com K. Sebastin, Dy Manager, BSNLCO.

Dy General Secretary: Com M. S. Adasul, SDE, Maharashtra.

Treasurer             : Com R. Rajan, AGM, Tamil Nadu.

Asst General Secretaries:

1. Com P. Padmanabha Rao, AGM, ITPC.

2. Com Chandrasekar, JTO(Civil), Andhra Pradesh.

3. Com P. K. Shukla, SDE, UP(East).

4. Com Chinmaya Sahoo, JTO, Odisha.

5. Com Manish Samadhiya, JTO, Madhya Pradesh.

Joint Secretaries:

(Central): Com. Arvind Pal Dahiya, DM, BSNLCO

(West):  Com. Rakesh Mehta, SDE, Gujarat.

(South): Com. Pandurang Nayak, SDE, Karnataka.

(North): Com. Jasbir Singh, AGM, Punjab.

(East):  Com. Sankar Sanyal, SDE, Kolkata TD.

In the new CHQ body, Com Panduranga Nayak, Com Chinmay Sahoo and Com Manish Samadhiya are BSNL recruited Executives. In this AIC, more than 25% of the total delegates were from BSNL recruited JTO/JAOs and they actively participated in all the deliberations giving valuable suggestions.

To represent the accounts wing, Com M. Sudha, Accounts Officer, BSNLCO is nominated as Advisor by the AIC.

XXIX All India Conference of SNEA held at Jaipur, Rajasthan on 05th to 07th September, 2015 unanimously elected the following office bearers for the next term.

Newly elected CHQ office bearers:

President             : Com A. A. Khan, AGM, BSNLCO.

Vice President      : Com Shankar Sharma, SDE, Rajasthan.

General Secretary :Com K. Sebastin, Dy Manager, BSNLCO.

Dy General Secretary: Com M. S. Adasul, SDE, Maharashtra.

Treasurer             : Com R. Rajan, AGM, Tamil Nadu.

Asst General Secretaries:

1. Com P. Padmanabha Rao, AGM, ITPC.

2. Com Chandrasekar, JTO(Civil), Andhra Pradesh.

3. Com P. K. Shukla, SDE, UP(East).

4. Com Chinmay Sahoo, JTO, Odhisha.

5. Com Manish Samadhiya, JTO, Madhya Pradesh.

Joint Secretaries:

(Central): Com. Arvind Pal Dahiya, DM, BSNLCO

(West): Com. Rakesh Mehta, SDE, Gujarat.

(South): Com. Pandurang Nayak, SDE, Karnataka.

(North):  Com. Jasbir Singh, AGM, Punjab.

(East):  Com. Sankar Sanyal, SDE, Kolkata TD.

In the new CHQ body, Com Panduranga Nayak, Com Chinmay Sahoo and Com Manish Samadhiya are BSNL recruited Executives. In this AIC, more than 25% of the total delegates were from BSNL recruited JTO/JAOs and they actively participated in all the deliberations giving valuable suggestions.

To represent the accounts wing, Com M. Sudha, Accounts Officer, BSNLCO is nominated as Advisor by the AIC.

The AIC decided to utilize the service of our great Leader Com G.L. Jogi as Chairman.

Agitation in Kerala by SNEA(I) and BSNLEU

DIR(CFA), the director in charge of South Zone, visiting Kerala Circle tomorrow, 20.08.2015 to have discussion with the employees on strike and sort out all the issues. Since the Management backtracked from the commitments given on 07.08.2015, SNEA(I), BSNLEU and the casual labours started “Non cooperation and work according to rule” on 11.08.2015 till the issues are resolved. All the vindictive actions including dies-non, transfers, charge sheets etc are to be withdrawn and the casual labours charges are to be increased as suggested by the RLC and agreed by the management on 07.08.2015.

The new CGMT is not able to implement the decisions as administrative and financial powers are not delegated to him. The agitation severely affected the services and most of the CSCs are not functioning.

We hope that the mutual discussions will resolve all the issues and bring normalcy to the potential Kerala Circle where industrial unrest is prevailing for the last one and half years due to the autocratic functioning of the earlier CGMT whose actions helped the private operators at the cost of BSNL. Just in one year period 3.53 lakhs connections closed (net 2.88 lakhs), net BB connections become (-) 10251 first time in the history of Kerala where as net additions were more than 60,000 each year, MNP port out and port in ratio just reversed from 1:2 to 3:1, GSM and CDMA connections gone down like anything. 

BSNL Corporate Office (Restructuring Cell) circulated new “HR man power plan and staffing norms” to all Associations and Unions for comments. All CSs, office-bearers at all levels and activists are requested to go through the proposal carefully and mail their views /suggestions to CHQ latest by 01.01.2015. email id : sneachq@yahoo.com

Complete collapse of Regulatory Mechanism in BSNL deliberately engineered and carefully planned by top BSNL Management to facilitate private operators squeeze and wreck havoc with resources of BSNL. Allowing private operators to have cake walk in 3 G ICR case in Supreme Court classic instance of BSNL Management compromising legitimate business interests of the Company at a time when it is profusely bleeding:
The move to systematically demolish a once robust regulatory mechanism in BSNL started nearly four years before and today it is non- existent. Systematically demolishing Regulatory Mechanism of such a gigantic telecom company was a well calculated and planned strategy of top BSNL Management with ulterior and dubious motives to allow private operators to have a free ground vis-a-vis eating into the revenues of BSNL and they have succeeded in their sinister designs. Regulatory mechanisms are today the nerve centres of telecom service providers and BSNL is having nothing such as regulation today. Nothing means really nothing. This deserves strongest condemnation of BSNL Management for allowing continuance of a situation where private operators have a free and unhindered walk by eating into the vitals of the Company and are allowed to jeopardize   legitimate business interests of the Company wilfully. These are the credentials of BSNL Management. What a pity. How management is directly contributing deliberately towards disaster of the Company.
Director (CM)/BSNL must and has to own total responsibility and must be taken to severe task for serious, unpardonable and deliberate lapse of allowing Private Operators to have a free run in 3G ICR case in Supreme Court Vis-a-Vis BSNL: Since 90% of the regulatory issues relate to wireless segment of the business, Director(CM), with nearly more than a one and a half year in the saddle now, should have taken immediate action to ensure that a robust and vibrant regulatory mechanism is put in place. Despite persistent pleadings by this Association to take immediate action to have a robust regulatory mechanism in place, Director(CM) took just no action and the result of all this was that BSNL was not represented in the Supreme Court recently in the most important case of 3G ICR case recently and obviously Supreme Court did not stay the order of TDSAT to allow private operators to roam in 3G segment through illegitimate ICR pacts. Who pays for the massive losses that BSNL is suffering from in 3G segment because of cartelization by Vodafone, Idea and Airtel?  We have good reasons to conclude that top BSNL Management has been part and parcel of facilitating this cartelization and allowing private operators to encroach upon 3G business of BSNL through illegitimate ICR pacts and eat into resources of BSNL. From the discussions with top management of BSNL, it appears as if this is not even an issue for them. We did not expect action from previous Director(CM) for very obvious reasons, but new Director(CM) on whom huge expectations hinged has disappointed and betrayed the trust of the Company by allowing its interests to be compromised. Will Director (CM), instead of acting in a bureaucratic way, be proactive, tough and take actions on the ground that lead to tangible results. It is high time for young Director(CM) to introspect and initiate serious and meaningful initiatives that restore his credibility. Director(CM) should be conscious of the fact that for the first time potential wireless segment of the Company has gone into the red and he has to own up responsibility and must be held accountable for this debacle. 
The beginning of all this should be to immediately have a very strong, lively and vibrant Regulatory Mechanism in the Company where people having complete knowledge of very complex issues relating to telecom policy regimes, networking, regulatory policy frameworks, IUC, telecom traffic flows, tariff structures are posted. Let the present mechanism which is non- existent be done away with as quickly as possible. Heads would have rolled over for such a lapse in a private enterprise.

Counselling programme for pensioners and retiring officers by DoP and PW reg .
Transfer policy of BSNL Employee- Corrected up to 24-11-14.

Payment of Death gratuity to a minor reg - DoP and PW instructions.

The Stand of the association in strongly opposing the recommendation of TRAI to force BSNL to surrender 1.2 Mhz spectrum in premium 900 Mhz band and thereby put it up for upcoming auction for private operators fully vindicated. Association virtually condemned the nexus between TRAI and private operators while recommending BSNL should surrender 1.2 Mhz spectrum in premium 900 Mhz band. 

Our letter addressed to Hon. MoC & IT on 27-10-2014 strongly denounces the recommendation (View Copy of the letter).

In line with the arguments put forth by this association to oppose the said recommendation, DOT, Policy makers also out rightly rejects the recommendation of TRAI to allocate more spectrum than is presently available in the upcoming auction.

View Media reports:

DOT panel rejects TRAI proposal on spectrum auction.

DOT panel rejects TRAI call to conduct simultaneous sale across bands.

GS writes to Hon. MoC & IT regarding the Recommendation of TRAI to force BSNL to surrender 1.2 MHz spectrum in premium 900 MHz band to protect vested interest of private operators to cripple strategic telecom company of the Country perverse and motivated, deserving unequivocal condemnation.

This Association unequivocally denounces and condemns the retrograde recommendation of TRAI asking BSNL to surrender 1.2 mhz in premium 900 mhz band and earmarking it for private operators in the upcoming auctions. Nexus of present Chairman / TRAI with private operators is so naked and deplorable that he goes on to the extent of snatching 1.2 mhz in premium 900mhz band from BSNL and offering 1.2 mhz in redundant band of 1800 mhz to ensure that private operators are in a position to offer premium services and reduce BSNL to rubbles. 

This role of Chairman/TRAI reminds us of a corrupt ex Chairman/Trai, Pradeep Baijal, who played havoc with BSNL by arbitrarily phasing out ADC. Later on it was revealed that he had a deep rooted nexus with private operators at whose instance he abolished ADC and thereby crippled BSNL. Let us get ready and fully expose present Chairman/Trai and his actions to protect vested interest of private operators at the cost of BSNL. Rahul Khullar is trying to dig last nail in the coffin of BSNL and has virtually made up his mind to consign BSNL to flames. 

Get ready to expose Rahul Khullar on the streets of the Country for trying to destroy Country’s most strategic and prestigious Telecom Company.

View copy of the letter.

Corporate office Instructions:

Transfer and Posting in the grade of EE Civil reg.

DE Regular Promotion - ACR required cases reg. Kind attention of  CSs  AP / MH / NETF / NTP/  TN / UPE and UPW circles.

Merger of BSNL and MTNL - Meeting of steering group to look after various HR aspects and Merger - reg. Comments / Suggestions may be sent to CHQ through mail to  sneachq@yahoo.com immediately.

Singular, exclusive, tireless and spectacular role of SNEA(I) in surrender of obsolete BWA spectrum band by BSNL and refund of spectrum charges by Government.
What BSNL Management ought to have done was remarkably and incredibly done by SNEA(I) when in October, 2010 it brought to the notice of then Secy/DOT, Sh R. Chandrashekar, that BSNL having paid market value of  Rs 8000 crores has been allocated an obsolete BWA spectrum band having no business utility since the band that BSNL has been allocated a band which lacks the flexibility of switching over to LTE platform and also economies of scale since international telecom gear manufacturers do not manufacture equipment in this redundant band.
Secy/DOT blatantly refused to acknowledge our statement of facts. However when we persisted, Secy/DOT summoned Wireless Advisor/DOT to ascertain facts. Secy/DOT was taken aback completely when Wireless Advisor endorsed what we said about redundancy of BWA spectrum band allocated to BSNL. Secy/DOT found it very hard to believe since BSNL Management never brought this important issue to his notice.
However, thereafter Secy/DOT advised us to create sufficient pressure on BSNL Management to force them to decide to surrender this obsolete spectrum band and seek refund of BWA spectrum fees paid by BSNL at market value.
And thus was the issue of refund of BWA spectrum fees to BSNL by Govt. born and with that started our tireless struggle to force BSNL Management to decide to surrender this spectrum band and seek its refund from Govt. But BSNL management was defiant and unrelenting to surrender this redundant spectrum band despite our persistent efforts. It was only when present CMD took over in April, 2011 that we found some response from him to consider surrender of BWA spectrum band and seek refund of BWA spectrum fees.
Thus the issue of surrender of BWA spectrum band and seek the refund of BWA spectrum fees was born just because of singular, tireless and spectacular intervention of this Association and the end result of this untiring and exclusive struggle of this Association today culminated in the decision of the Union Cabinet to refund BWA spectrum charges to both BSNL and MTNL.  This is truly historical as far as role of SNEA(I) in securing refund of BWA spectrum is concerned.
Kindly visit following letters written by us to recollect facts.

1. Our letter SNEA(I)/CHQ/Hon MOC&IT/2/2-11 dated 2nd Feb, 2011 addressed to Sh. Kapil Sibal.
2. Our letter SNEA(I)/CHQ/Hon MOC&IT/4/3-11 dated 17th March, 2011 addressed to Sh. Kapil Sibal.
3. Our letter SNEA(I)/CHQ/Honble MPs/2/11-11 dated 4th Nov, 11 to MPs of consultative committee of telecom.
4. Our letter SNEA(I)/CHQ/MOC&IT/2012-14 dated 22nd April, 2013 addressed to Sh.Kapil Sibal.
5.  Our memorandum CHQ/GOM/2012-14/01 dated 5th May, 2013 addressed to Chairman EGOM, Sh.P. Chidabaram.

Electrical license - Mandatory requirement - Clarifications.

In a landmark breakthrough which comes about as a result of filing of exclusive writ petition by this Association alone in November 2011 in Hon’ble High Court of Delhi, challenging illegitimate providing of 3G services by Vodafone, Airtel and Idea in LSAs where they did not have 3G spectrum, on the basis of so called 3G roaming agreements they had entered into in contravention of  policy, DOT has finally decided to issue notices to Vodafone, Airtel and Idea to immediately terminate their so called 3G roaming pacts, besides asking them to pay back money that they illegitimately earned through such illegitimate business encroaching on legitimate business of BSNL.

It is quite interesting and significant to recollect that DOT issued notices in December 2011 to these operators asking them to terminate these roaming pacts and, thus, providing of 3G services on the basis of these pacts only after SNEA(I) filed an exclusive writ petition in Hon'ble High Court of Delhi in November 2011 challenging these pacts and also providing of these services on these illegal agreements between these operators.

Only after notices were issued to DOT in November 2011 in response to the writ petition filed by SNEA(I) in Hon’ble High Court of Delhi in November 2011 did DOT issue notices to Vodafone, Airtel and Idea asking them to stop providing of these services.   These notices of DOT were challenged by these operators in TDSAT, and after prolonged legal proceedings, TDSAT gave a split Judgment in July 2012. Additional Solicitor General of India has finally opined that the notices issued by DOT in Dec 2011 stand in view of the split judgment of TDSAT.

It is quite significant to note that only in view of the writ petition filed by SNEA(I) in Honble High Court of Delhi in Nov 2011, challenging these violations which were first reported by MP Circle of SNEA(I), DOT swung into action in Dec 2011 asking these operators to forthwith terminate these 3G pacts and stop providing 3G services.

BSNL’s business interests were adversely impacted by the cartelization by Vodafone, Airtel and Idea at the time of bidding for auctioning of 3G spectrum since BSNL is only qualified to provide pan India 3G services in view of BSNL having bid and paid for pan India 3G spectrum at the time of auction totalling Rs 10,800 crores in sharp contrast to these three operators who entered into a cartel and bid selectively for select Circles at the time of 3G auction. None of these operators paid more than Rs 4500 crores for 3G spectrum in striking contrast to BSNL which paid a staggering amount of Rs 10,300 crores for pan India 3G spectrum. That was the crux of the writ petition filed by SNEA(I) in the Hon’ble High Court of Delhi. Interestingly, BSNL management did not act in any manner to challenge this blatant policy violation which adversely infringes on the legitimate business interests of BSNL. We are not however surprised at this because that is the manner in which BSNL management has been and continues to functions in a totally spineless and unconcerned way.

Great Victory for this association:

Huge Victory for the principled  stand of this association on grant of  illegal 2G licenses  in 2009 – 2010 – Stand of this association fully vindicated – Heartiest  congratulations, Hon. Supreme Court in a land mark judgment today cancelled 122  2G licenses granted by DOT in an arbitrary, malafide and illegal manner. This association took up the issue in 2009-2010 in strongest possible manner with the Hon. Prime Minister urging upon him to intervene and stop awarding of 2G spectrum in an arbitrary manner. How ever Hon. Prime Minister remained unmoved.Hon. Supreme Court’s decision to cancel 122  2G licenses is nothing but total vindication of the stand taken by this association on the awarding of 2G spectrum in 2009-2010.

Meeting with Secy/DOT on 30-12-2011:

GS, GS and president/AIBSNL EA and GS/MEA met Secy/DOT. While thanking Secy/DOT for taking a very decisive action to conclude the process of absorption of ITS in a time bound manner, and thereby end the uncertainty existing in BSNL for the last about five years, Secy / DOT reiterated the resolve of the government to ensure that the process initiated by DOT reaches its logical conclusion as expeditiously as possible, of course, taking into account the magnitude of the issue and the crucial fact that operations of gigantic sized BSNL are not impacted as far as possible while effecting this important organizational transition that is extremely critical for the growth of BSNL.

Subsequently, the following issues were discussed.

A)  Filling up posts of DGMs:

We apprized Secy/DOT that huge number of JAG posts is unfilled and thousands of eligible STS officers are available to fill up these posts. However, because of inexplicable reasons, BSNL management pleads its helplessness to promote STS to JAG because of some unwarranted restrictions imposed by DOT. The net result of all this is that hundreds of STS officers are retiring without getting promoted to JAG, even though abundant posts of JAG are available and a well defined mechanism in BSNL MS RRs is envisaged. Secy/DOT was quite receptive on this issue and assured that he will discuss the issue with CMD and try to resolve it.

B)   Encroaching upon the limited career growth of executives by recruiting 600 senior DGMs through new RRs:

Recruiting 600 senior DGMs through the provisions of new RRs is a direct infringement on the existing BSNLMS RRs and a serious attack on existing meagre promotional avenues of executives since such recruitment would mean directly utilizing 600 JAG posts, exclusively meant for career growth of Gr B / Gr A, and, in the process, also, creating another unwarranted functional cadre in the existing cadre hierarchy between JAG and SAG, thereby making promotion from DGM to GM almost impossible for executives within the organization, we apprised Secy / DOT who advised us to discuss the nitty gritties of new RRs and their implications on our career growth with CMD/BSNL.  

C)   Payment of spectrum charges for spectrum in excess of 6.2 mhz by BSNL/MTNL:

We requested Secy/DOT that government should exempt both BSNL/MTNL from payment of additional spectrum fees for spectrum it holds in excess of 6.2 mhz since BSNL/MTNL has being meeting social obligations objective of telecom operations of the government by providing services in remotest rural areas at huge costs, and without any returns. Secy/DOT assured that all these aspects would be duly considered by government while taking final decision on the issue.

TDSAT restrains DoT from enforcing 3G roaming ban order on Bharti Airtel, Vodafone and Idea:

M/s Vodaphone, Bharti & Idea had moved an urgent application in TDSAT in response to the order from DOT regarding stoppage of illegal 3G roaming. The case was heard today and Hon'ble court has not set aside DoT's order and no coercive action to be taken till the next date of hearing i.e 3.1.12. 

Comrades are requested to maintain extra-ordinary level of preparedness. We have some definite indication that BSNL Management may be diluting the provisions of BSNLMS RRs to our serious disadvantage by utilising the sanctioned posts of DGMs to accommodate ITS as Jt GMs and Addl GMs which are non functional grades in the BSNLMS RR through the provisions of RRs presently being drafted.

We have already cautioned our comrades in this regard. Any kind of attempt by the management to divert the sanctioned posts of DGMs and utilise them for any other purpose has to be completely defeated.

In view of this likely development we call upon the comrades throughout the country to remain in a state of complete organisational preparedness to respond to any such eventuality at a short notice.

Yet another great breakthrough of Association stand on policy front.

Association's Writ petition admitted  in the bench of Chief Justice of Delhi high Court challenging 3G roaming created strong compulsion on DOT to act expeditiously in the direction of issuing show cause notices to Idea , Bharti and Vodaphone.

TRAI and DOT both made as the principle respondents in the writ petition filed by the association.

Stand of association on illegitimate sale of 3G services by private operators like Airtel, Vodafone, Idea etc without 3G spectrum and licence stands fully vindicated – DoT decided to issue notices to these operators for violation of policy.TRAI maintains that sale of 3G services without 3G spectrum will not be allowed even if 3G spectrum sharing is permitted by fresh policy.

Remarkable breakthrough because of extraordinarily sustained and singular efforts of our Association – Govt. finally decides to refund obsolete BWA spectrum charges to BSNL.

This Association took up the issue of refund of BWA spectrum charges to BSNL with Hon’ble PM and MOC&IT since the 2635-2655 Mhz TDD band that was allocated to BSNL was non-  standardized and redundant in terms of the band having serious deficiency of not being able to provide Wimax on upcoming highly competitive Long Term Evolution Platform(LTE) and lacking economy of scale since international telecom gear manufacturers are not manufacturing Wimax equipment in  the obsolete band that BSNL was allocated.

Association gathered all the critical facts on the issue and met Secy/DOT in Feb.11 to apprise him about serious discrimination met out to BSNL by allocating it a non standardized BWA spectrum band after it paid market value of Rs 8313 crores. We explained in detail to Secy/DOT as to how the entire investment of Rs 8313 crores that BSNL has made towards obsolete BWA spectrum is frozen in view of obsolescence of the spectrum band and urged upon him to refund the spectrum charges. Secy/DOT while expressing that he was not aware about serious shortcomings of the band and suggested to take up the issue with MOC&IT.

Thereafter, Association tried its level best to convince the concerned Director (CM) / BSNL to take decision to surrender the spectrum band and seek refund of the spectrum charges. However, Director (CM), for incomprehensible and irrational reasons, remained unconvinced and did not act in any manner to seek refund of spectrum charges. Instead, Director (CM) frustrated the efforts of then PGM (CPM) to seek the refund of spectrum band. However, Association maintained consistent pressure and mobilized opinion from political quarters by meeting number of MPs and seeking their intervention.

The issue, however, took a very decisive turn when Association succeeded in convincing present CMD to decide to surrender non standard spectrum and seek refund of BWA spectrum charges. CMD took a very tough position and virtually overturned the opinion of Director (CM) and BSNL/Board finally decided to surrender the spectrum and seek its refund. CMD made very strenuous efforts by holding series of discussions with concerned officers in DOT to impress upon them to refund BWA spectrum charges and simultaneously Association too continued with its efforts at other levels.

Finally, we understand that DOT has taken decision to refund BWA spectrum that BSNL is surrendering in about 17 Circles, leaving those circles where it has already made huge capital investment for roll out of wimax services. BSNL expects refund of about Rs 7000 crores after DOT completes other formalities relating to refund.

This is truly a remarkable breakthrough and we are extremely thankful to all those who supported us by providing valuable inputs enabling us to firmly position our stand to seek refund of BWA spectrum charges amounting to about Rs 7000 crores to BSNL. 

Similarly, we are confident that we shall succeed in securing a positive verdict from Hon’ble High Court of Delhi where our writ petition challenging 3G policy by private operators, adversely affecting legitimate business interests of BSNL has been admitted. BSNL also should be given complete flexibility to decided circles of its choice for 3G services instead of forcing it to pay Rs 10000 crores on 3G pan India spectrum and then allowing private operators to encroach upon its Pan India presence by entering into so called 3G roaming arrangements strictly forbidden by policy.This flexibility of deciding circles of its choice as given to other operators at the time of 3G auction will enable BSNL to save another four to five thousand crores in terms of 3G spectrum charges. Association is all determined to fight the issue legally and politically to its logical conclusion.

Meeting with CMD / BSNL:

GS and both AGSs met CMD to discuss following issues.

Refund of BWA spectrum charges:

We congratulated CMD for his bold initiative and decision to surrender BWA spectrum and seek its refund. CMD also congratulated us for our tough and singular stand on this issue which he said was the stepping stone towards resolution of the issue and asked us to continue our efforts on other similarly related issues of policy. CMD then elaborately explained his intense follow up actions with DoT to get the spectrum charges refunded.

3G Policy violation by private operators:

We informed CMD about the writ petition filed by this Association in Delhi High Court on 3G violation by private operators which has been admitted and also about how and on what grounds the admission of our petition was challenged in Delhi High court by BSNL counsel. CMD however assured that very shortly BSNL will approach TDSAT on this issue and advised us to continue our efforts legally and otherwise also.

Procurement of GSM equipment:

Very shortly the financial bids of the tender for procurement of 14.37 million GSM lines will be opened.

Bihar and Assam Issues:

CMD informed that he has already had discussion with Director (HR) on issues of Bihar and Assam and assured that he would further find out exactly what is the problem in Bihar.   

Meeting with Director (HR):

GS along with both AGSs and GS and President of AIBSNL EA met Director (HR) and discussed following issues.

 Bihar Issue :

Director(HR) was apprised in detail about developments in Bihar and how a few officers were trying to destroy the working atmosphere there by indulging in unwarranted acts of grave provocation. An agreement to restore congenial working atmosphere in Bihar was arrived at the intervention of Director(CM) and CGM / Bihar between ITS and SNEA(I), AIBSNL EA and AIGETOA. While SNEA(I), AIBSNL EA and AIGETOA have fully honoured the agreement, ITSA is violating the agreement in every possible manner leading to vitiation of atmosphere and further provocations forcing us to start protest actions in Bihar.

We urged upon Director(HR) to rein in unbridled and out of control ITS officers whose sole agenda appears to be to act in acts of vendetta and spoil the working atmosphere, failing which we shall be constrained to launch country wide protest actions. Director(HR) assured that he will step in quickly to defuse the situation and restore congenial working atmosphere in Bihar which is being sought to be destroyed by ITS by employing every sinister game plan. We also informed Director(HR) that consequences of lawlessness let loose by ITS in Bihar would be very dangerous.

 Promotion to DGM :

Director (HR) was elaborately apprised about how DOT has deliberately created stalemate on this issue and requested him to get the stalemate cleared to allow promotion to JAG as early as possible. We also informed Director(HR) about the commitment given by M(S)/TC recently on this issue and his assurance that he will try to resolve this issue by arranging a meeting of concerned officers of BSNL, DOT and representatives of SNEA(I) and AIBSNL EA very shortly. Director(HR) assured that he will take appropriate and expeditious follow up action with M(S)/TC to resolve this contentious issue as quickly as possible.

Discussion with Sr. GM (P):

 GS along with both AGSs had extensive discussions with Sr GM (P) on the issue of expediting the DPC for promotion from TES Gr B to STS in the context of the judgment of High Court of Punjab and Haryana. After elaborate discussions, Sr GM(P) advised us to give a self contained note on the issue to enable BSNL management to take a final call on the judgment of High Court of Punjab and Haryana.

Writ petition filed by the association challenging 3G policy violation by private operators came up in the bench of Hon. Chief justice of Delhi High Court. Hon. Chief Justice while allowing our impleadment in the PIL already filed in the Court on similar matter issued notices to all the respondents and posted the matter for 11th Jan – 2012.

Decision on 3G roaming pact as per current policy: Telecom Minister

Communication received by GS from our Council Anand & Company law firm regarding Proceedings relating to writ petition filed by us in Delhi High Court Challenging 3G policy violation and while Came up for hearing on 24-11-11.

“ The Subject matter was lsited today for admission hearing before the Hon'ble High Court of Delhi. Mr. Rajshekhar Rao, Advocate appeared to argue the matter on your behalf. The counsel for Union of India and TRAI also appeared and put their objections to admissiblity of the Writ Petition. The Counsel for the BSNL submitted that there was no allagation or releif sought  against him so he may be deleted. However, after detailed arguments the Hon'ble Court has been pleased to admit the Writ Petition and directed the registry of the Court to connect the subject matter with the pending PIL on the related issue, which coming up for hearing on 30.11.2011. So far as the claim/allagation against the BSNL is concerned, the Hon'ble Court acceded to our request and you have been granted the liberty to amend the Writ Petition suitably. The amendment application and amended Writ Petition shall be soon sent to you for your signatures and be filed. “

The matter is now listed for 30.11.2011.

Writ petition filed by Association challenging 3G policy violation by Vodafone, Airtel and Idea in Delhi High Court admitted after being opposed by counsels of Union of India and TRAI. Single bench of Delhi High Court directs clubbing of the writ petition with PIL filed on similar matter in the bench of Hon’ble Chief Justice of Delhi High Court.

Some minor amends are being made in the writ petition vis-a-vis  total failure of BSNL management to take appropriate legal action against such blatant policy violation affecting BSNL at appropriate forum like TDSAT etc. Bench permitted making these amends. The matter is likely to come up for hearing in the bench of Hon’ble Chief Justice Delhi High Court on 30^th Nov.,11.

What a contrast in approaches between the managements of private operators and BSNL- private service provider’s managements committed to the core to protect interests of their Companies whereas BSNL management guided by extraneous considerations. 

Bharti Airtel, Vodafone and Idea lost no time in threatening Hon’ble Prime Minister that in case they are not permitted to continue with blatant breach of policy by selling 3G services without 3G spectrum, they should be refunded 3G spectrum charges. This is sheer blackmail by these operators knowing fully well that the government is faced with a huge fiscal deficit and is making all out efforts to bridge the deficit. What private operators are indulging in is not roaming which policy permits but sale of services by sharing spectrum which is forbidden by policy.

However, that is not the issue. Pertinent issue is - compare this spontaneous blackmailing of government by private operators to protect interest of their Companies to the approach of BSNL management. It took BSNL management about a year to decide to surrender obsolete BWA spectrum that it was allocated and seek refund of BWA spectrum charges amounting to Rs 8313/-crores.

Director(CM)/BSNL committed an unpardonable lapse and serious error of judgment (whether advertently or inadvertently is a big question) by accepting completely redundant BWA spectrum band and shelving out Rs 8313/- crores of public money. After such a huge lapse which should have sent him home had he acted in such an irresponsible manner in private enterprise, Director (CM) remained intransigent and defiant in summarily rejecting rational advice from almost every quarter to surrender obsolete BWA spectrum band and seek refund of BWA spectrum charges.

Director (CM) remained completely hostile and brushed aside every suggestion including from within the organization to surrender the said spectrum band. He remained unmoved for more than eight months to act until CMD/BSNL put his foot down and assertively and aggressively asked Director (CM) to fall in line and decide to surrender obsolete spectrum and seek its refund. What is interesting and relevant is the Wimax fiasco and complete paralysis of CM segment in all areas. Procurement of GSM equipment has become a nightmare because of persistent bungling and not a single tender is getting finalized for the last three to four years because of vendor considerations. One wonders in the context of hue and cry raised by private operators to allow them to continue perpetrate policy violations in 3G segment whether such Directors would ever find a place in private enterprises.

Similarly, this association had to virtually beg BSNL management for more than fifteen days to complain to DOT that BSNL’s right to offer pan India 3G services is being blatantly encroached upon by private operators by selling 3G services in areas where they do not have 3G spectrum. Let alone approaching TDSAT to challenge this breach of policy, BSNL had to be cajoled to lodge a formal complaint to DOT.

Writ petition filed by association challenging 3G policy violation by Airtel, Vodafone and Idea at the cost of BSNL is coming up for admission in Delhi High Court tomorrow (ie.)  24-11-11.

Meeting with Com. A.B.Bardan, GS/CPI:

       GS along with both AGSs met Com A.B.Bardan, GS/CPI, at CPI Hqs and apprised him at length how legitimate interests of BSNL were being trampled over by policy violations perpetrated by private operators and complete indifference of government to act against such violations.

       Both the issues of 3G policy violations by Airtel, Vodafone and Idea affecting adversely 3G pan India presence of BSNL for which it has paid 50% more 3G spectrum charges than these private operators and non refund of BWA spectrum charges to BSNL by government after it has decided to surrender obsolete BWA spectrum that it was allocated were explained at length to Com Bardan who was vocal in saying that the stand of private operators to allow them to breach 3G policy failing which they should be refunded 3G spectrum charges is nothing but an act of blackmail.

       Com Bardan finally assured us that he will strongly take up both these critical issues with the government at appropriate levels and also ensure that legitimate interests of BSNL are well protected. We were asked by Com Bardan to keep on giving him valuable inputs that help in safeguarding interests and promoting growth of BSNL.

Illegal 3G Roaming :Airtel, Vodafone, Idea threaten to exit 3G.

BSNL does a U-turn on buying GSM gear through auction

Our Protest against withdrawal of e- reverse auction clause in the revised NIT issued in October 2011for the procurement of 14.37 million GSM line fully vindicated. Deletion of this innovative procurement clause will lead to cartelization and non competitive price for procurement of 14.37 million GSM lines.

Association files writ petition in Delhi High Court challenging serious policy violation perpetrated by Vodafone, Bharti and Idea by providing 3G services in areas without 3G spectrum by entering into illegitimate roaming agreements strictly forbidden by policy. BSNL is the only casualty of this breach of policy because of its pan India 3G presence, having paid about 60% more 3G spectrum charges than these operators.

UOI through Secy/DOT, BSNL through CMD/BSNL and other three operators are respondents. Association has prayed for penal action against these operators in consonance with provisions of policy and against UOI for its failure to act against these operators. Association is represented by senior counsel Sh. Rajeshwar Rao and the writ petition is coming up for admission within a couple of days.          

Association is also seriously considering of filing another petition in Delhi High court challenging abnormal delay on the part of the government to refund BWA spectrum charges to BSNL after BSNL board was virtually forced by us to decide to surrender obsolete BWA spectrum it was allocated at market price of Rs 8313 crores.

Association has been relentlessly pursuing the matter for the last nine months and finally BSNL Board was compelled to decide to surrender obsolete BWA spectrum after unyielding pressure was built up by this Association. Director (CM)/BSNL board was completely unwilling to decide to surrender the redundant spectrum for reasons best known to him. In fact, last minute positive intervention of CMD forced Director (CM) to reverse his irrational decision and fall in line. We are also continuing hectic political lobbying to force the government to refund BWA spectrum charges to BSNL.        

JAC Meeting held on 16th November 2011:

 The crucial JAC meeting held on 16^th November 2011 took very important decisions with regard to viability of BSNL. The meeting was presided over by our GS. Convener, JAC reported the developments after the last meeting held on 31^st October 2011. All the JAC constituents of the strong opinion that the non-opted ITS officers should be repatriated immediately and the charges should be made over to the absorbed Executives. After detailed discussion, JAC took the following decisions unanimously:

1.  The deferred One Day Strike will be organised on 15^th December 2011. Immediate repatriation of non opted ITS officers is added as a fresh demand.

2.  In preparation for the strike and to give wide propaganda, massive rallies will be organised on 8^th December 2011 at all District/State capitals and at Delhi. A memorandum on the demands raised in the strike notice will be submitted to the State Governors.

3. The JAC meeting decided to support and participate in the Dharna on 22^nd November 2011 being organised by the Executive Associations of BSNL/MTNL demanding immediate repatriation of non-opted ITS officers.

4. The JAC decided to participate in the Parliament March being organised on 25^th November 2011 by the Central/State Government, Teachers, Railway, Defence, Postal employees as also Central / BSNL Pensioners against the anti-worker Pension Fund Regulatory and Development Authority (PFRDA) Bill presented in the Parliament.

We are extremely grateful to Respected Sh. Anandrao AdsuL, Member Parliament from Amravati and Member of Telecom Advisory Committee of Parliament, for writing very strongly to and urging upon Hon’ble PM about serious policy violation committed by Private operators in 3G segment and on the issue of refund of BWA spectrum charges to BSNL for allocating it obsolete BWA spectrum.

Hon’ble MP has minced no words in virtually condemning the government for completely ignoring legitimate interests of BSNL by allowing policy violation by private operators which is adversely affecting business of BSNL and also for blatantly abdicating policy commitments by virtue of which BSNL was to be compensated for meeting huge social obligations of the government in basic line segment in rural areas.

We are thankful to our committed valiant fighter comrades of Amravati for making all the efforts to convince Hon’ble MP to write to Hon’ble PM in such an unequivocal and firm manner. We are yet to get any response from anywhere in the Country so far in taking up these issues with local MPs despite our persistent requests and memoranda that we have already put on our site long before. We make fresh appeal to our Comrades to find time to get involved in this important activity that will help exposing government for crippling the growth of BSNL by discriminating it grossly on policy front.

Sh. Anandrao Adsul Hon MP and Member of Telecom Advisory Committee of Parliament writes to Hon PM on 3G Policy violation. - Deliberate breach of 3G Policy by Private Operators Airtel, Idea and Vodafone and their calibrated and cartelization at the cost of stae owned Company and subsequent legitimisation of such policy breaches through inordinate corrections in NTP11 by our own policy makers. >>>>>>>>>>>

Sh. Anandrao Adsul Hon MP and Member of Telecom Advisory Committee of Parliament writes to Hon PM on immediate refund of BWA specrtum charges to BSNL for allocation of non standard spectrum band. >>>>>>>>>>>>>

Association letters to Members of Parliament in Telecom Advisory Committee of Parliament on two important issues of refund of BWA Spectrum charges to BSNL and taking action against Private Operators for violation of 3G Policy. >>>>>>>>>>>        >>>>>>>>>>>

Association had a discussion with Shri.Gurudas Gupta MP and member of Telecom Advisory Committee of Parliament appraising him about these two issues and submitting detailed memoranda on both these issues. Shri.Gurudas Gupta assured us that he will raise the issues vociferously in the coming Winter session of Parliament and asked us to meet him again for further briefings after the rally of Central Trade Unions on 8^th Nov 2011 at New Delhi is over. GS assured Shri.Gurudas Gupta that SNEA (India) will also participate in the rally on 8^th Nov 2011 at Jantarmantir in sizable number. Association has drawn up an elaborate line of action to individually meet all the members of Tel;ecom Advisory Committee of Parliament to appraise them in detail how discriminatory policies of the government are directly contributing towards the downfall of BSNL and urging upon them to reflect these issues in the coming winter session of Parliament.

Response of the Association towards draft NTP 11 vis-à-vis growth of BSNL- GS addresses Secretary DOT on NTP11- Circle/SSA Secretaries/ activists of the Association at all levels are requested to go through the letter in exposing telecom policy makers at the highest level and they must start a vigorous and sustained campaign against the diabolical provisions envisaged in draft NTP11- >>>>>>>>>>>