Monday, March 19, 2012

Harrassment of retirees of ONGC - Mathre Rangarajan's letter to NHRC

Letter of Mr. Mathre Rangarajan to NHRC
By Badrinath Vasandi in EX-ONGCIANS · Edit Doc · Delete

M. Rangarajan,

(retired Group General Manager ONGC)

B 2 – 301, SRIRAM SPANDHANA,

Chellaghatta village,

Bangalore – 560037.

Phone: 25227955, mobile 9945091581

e-mail: rangajan@yahoo.com / rangajan@gmail.com

No: HRC-1/2011 dated 12th December 2011



To,



Hon Justice Sri K G Balakrishnan,

Chairperson,

National Human Rights Commission,

Faridkot House,

Copernicus Marg,

New Nelhi - 110001



SUB: Human Rights Violation of 21000+ Retired Employees (Elders – Senior citizens) by M/s Oil and Natural Gas Corporation Ltd. (a Maharatna company) - Request for Intervention and Justice



About 21000 employees retired anytime between 1985 to Dec 2006 who are the real backbones of ONGC (age group 65 to 85+ years) are struggling for their survival due to general apathy and negative mindset of ONGC Management who repeatedly utters that “once an employee retires, all his connections with the Corporation are severed immediately”. As all our appeals to ONGC failed, retirees were forced to approach Bombay High Court by a writ petition filed by “All India ONGC Ex Employees Welfare Association, Mumbai” on their behalf in 2003. Out of these 21000 retired employees about 1500-2000 have already expired during last 8 years, pending disposal of a discrimination case in Bombay High Court.



These retirees are the Pioneers who built ONGC from scratch and nurtured it with their blood and sweat when it was an infant. We also have all those responsible for bringing India on the Oil Map of the world. Our members also comprises of those responsible for the discovery of Oil & Natural Gas as well as its Production from various Onshore as well as Offshore fields including Mumbai High. We also have retirees from ONGC Videsh Ltd. who converted it from loss making to highest profit making arm of ONGC. Our retirees are highly qualified and experienced in various activities of E&P Industry. We are ex-ONGCians who contributed in creating India’s most valuable Maha --ratna Oil Company.



The majority of these retirees are not in receipt of any old age benefit from their ex-employer ONGC and are fully dependent on their kiths and kins for survival and some of them are virtually starving. Most of these retirees are without any financial support for 5 to 25 years after retirement. Only a handful of them, approximately 3000 persons are covered by Agrani Samman, an Ex-Gratia Scheme, but their condition is also pitiable due to a meager amount received by them which is not even sufficient to live a dignified life without external support in today’s high cost of living.



Brief of Agrani Samman Ex Gratia Case



ONGC realized that its retired employees are in very difficult financial condition and introduced an Ex-Gratia monthly payment scheme called “Agrani Samman”, by Late CMD Shri Subir Raha wef 1st Jan 2003 based on Shri T.N. Seshan’s Report. The objective was to provide some financial support to the Pioneers so that they can lead a dignified retired life. While framing his recommendations Shri T N Seshan got influenced by an ex-director ONGC and submitted a scheme which is not only discriminatory but also violated the provisions of Indian Constitution viz. Art 14 - right to equality and Art 16 - right to justice, by introducing arbitrary cut off dates, unwanted and illegal riders and deductions of retirees own money, from the meager amount of relief provided to about 3000 retirees. These arbitrary cut off dates and illegal deductions from retirees own money has already been rejected by Supreme Court in several famous cases. The total amount spent towards “Agrani Samman” the Ex-Gratia scheme for these 3000 retirees annually is less than Rs 10 Crores (as per RTI reply). As per the “Agrani Samman” Ex-Gratia Scheme implemented by ONGC wef 1st Jan 2003, the retirees were subdivided into four slabs based on their respective ranks just before retirement as follows and were entitled to the modest Ex Gratia amount christened as “Agrani Samman”:



Slab I : Retired Class IV and Class III levels : Rs 1500+DA



Slab II : Retired executives from E0 to E-3 levels : Rs 3000+DA



Slab III : Retired executives from E-4 to E-6 levels : Rs 4500+DA



Slab IV : Retired executives from E-7 to CMD level : Rs 6000+DA



Illegal and Arbitrary Riders:



1. The 100% beneficiaries of above amounts as per the slabs were granted only to those retirees who joined ONGC prior to 15th Oct 1959 irrespective of their date of retirement and have completed 20 years of service. All those between 10 to 20 years of service were considered for pro-rata benefits



2. Out of the above beneficiaries who were in receipt of pension from their earlier employer or PRBS interest on their own money from LIC were entitled for only the balance amount of above mentioned “Agrani Samman” after deduction of his own money (illegal deductions).



3. The spouse of the deceased eligible employee was given 50% “Agrani Samman”.



4. All those employees who joined ONGC after 14th Oct 1959 and retired upto 31st March 1991 were entitled for 50% of the entitlement as in point 1 (case of illegal arbitrary discrimination).



5. All those who joined ONGC on or after 15th Oct 1959 and retired any time after 31st March 1959 are totally deprived of any benefit (case of illegal discrimination) irrespective of their length of service.



The illegal and arbitrary riders (discriminatory as per law) provided by ONGC management deprived a majority of retires numbering about 18000 and also resulted in a meager benefit to about 2000 eligible retirees.



The plea for justice by these retired employees to ONGC Management fell on deaf ears due to negative attitude of the Concerned Director HR which lead the retired employees/officers associations throughout ONGC to join together and file WP 6593/2003 at Bombay High Court. While the case was in court, instead of solving the vexed issue of “Agrani Samman” by involving the petitioner association, ONGC again violated the law and introduced an illegal and discriminatory PRBS based defined pension scheme for its retirees of 2007 onwards probably to cover themselves with much superior benefits than “Agrani Samman”. It clearly shows as to how much regards they have for the law and for their elders who handed them the most profitable Maharatna Company built out of their blood and sweat on a platter with golden spoons in their hands. After receiving the wealth in their hands the management started showing its true colours and instead of treating these elders as members of the family completely disowned them like an unworthy son.



In March 2008 our case on “Agrani Samman” WP 6593/2003 came up for final hearing in Bombay High Court and was disposed off in the form of an agreement as ONGC agreed to consider the same as per law within 3 months in front of the Divisional Bench. After end of 3 months ONGC backed out from its own commitment given in front of Divisional Bench.



This illegal action of ONGC forced us to file a fresh case WP/531/2009 in Bombay High Court. No one knows how much time this fresh case will take to get justice but one thing is sure that it will take some more casualities and deprive them justice for ever. Taking advantage of inordinate delay in Bombay High Court, ONGC continued its illegal practices of depriving the elders of all their legitimate dues by discriminating them with the unlawful arbitrary cut off dates in all subsequent schemes.



It is really sad that the #1 profit making Maharatna Company has all its elders among the BPL (Below Poverty Line) families as per GOI guidelines.





REQUEST FOR PROTECTING THE CONSTITUTINAL RIGHTS OF THESE SENIOR CITIZENS WHO ARE DEPRIVED OF THEIR LEGITIMATE DUES DUE TO VIOLATION OF HUMAN RIGHTS BY THEIR EX-EMPLOYER M/s OIL AND NATURAL GAS CORPORATION LTD.



• ONGC be directed through the administrative ministry for out of Court settlement in long pending “Agrani Samman” case amicably with the Petitioner Association, who have the absolute mandate from all other retired employees/officers associations for dealing in “Agrani Samman” on behalf of all retirees, at the earliest before some more retirees die waiting for justice. They should also be directed to remove total discrimination among the homogenous group of retirees by deleting all illegal clauses like arbitrary cut of dates and unlawful deductions from the date of implementation of the scheme.



• ONGC may also be directed to abide by the law and put on hold any revision in the 2007 PRBS Defined Pension Scheme pending settlement of “Agrani Samman” Scheme, since their 2007 PRBS Defined Pension Scheme is now part of the documents submitted in Bombay High Court WP/531/2009 and the matter is subjudice. Any change in 2007 scheme will have to wait disposal of WP 531/2009 by the Bombay High Court or a negotiated settlement with Petitioner Association.



• ONGC should also be advised to formulate a single D.A. Linked Transparent Pension Scheme for all retirees past as well as future w.e.f. 1st January 2007 to maintain uniformity instead of having multiple schemes to avoid corruption in future.



Humbly submitted for your kind and urgent consideration.



Thanking you,



Yours sincerely,



(m. rangarajan)

On behalf of 21000+ silently suffering retirees of ONGC



Copy to:



1. Smt Sonia Gandhi, MP, Chairperson, United Front Government, 10, Janpath, New Delhi – 110011.

2. Sri Manmohan Singh, Hon Prime Minister, 7, Race Course Road, New Delhi – 110011.

3. Sri Lal Krishna Advani, MP, 30, Prithviraj Road, New Delhi – 110011.

4. Sri Jaipal Reddy, Hon Minister of Petroleum & Natural Gas, 8, Tees January Marg, New Delhi – 110011.

5. Secretary, Department of Administrative Reforms & Public Grievences, 5th floor, Sardar Patel Bhavan, New Delhi – 110001.

6. Sri Sudhir Vasudeva, CMD, ONGC, Jeevan Bharti Tower II, 124, Indira Chowk, New Delhi - 110001
Like · Unfollow Post · December 14, 2011 at 4:58pm

Prem Sagar Gupta and Inder Chatta like this.
Srinivas C. Komanduri
Dear Rangarajan,

I appreciate the initiative you have taken and written such nice letter. I feel you should be following up with details of some of the scheme which you mentioned in the letter like PRBS 2003, PRBS2007, Agrani Samman and o...See More
December 14, 2011 at 9:13pm via · Like
Badrinath Vasandi we should be proud being led by people like mr Mathre Rangarajan..thanks for his initiative..
December 15, 2011 at 10:06am · Like · 1
Mathre Rangarajan
Thank you Sri Srinivas Kamanduri Saheb for your kind words - Even if attach
all relevant documents, it will be difficult for an unconnected person to understand - If NHRC want any clarification or explanation, we can submit
it when they tak...See More
December 15, 2011 at 12:12pm via · Unlike · 1
Jauhari Lal
Dear Sirs,

Once again I daresay that this is the free forum for everyone to write any thing one likes and write to any authority they want without understanding whether they have any role to play. No one is authorized to write anythin...See More
December 16, 2011 at 6:00pm via · Unlike · 7
Erippanal Damodaran Respected Jauhari Lal Sir,Greetings of the Day!

Thank you Sir, for your kind guidance on the postings on this forum. Also thank you for the update of our pending case with the Ministry. We look forward for your kind advice and guidance further too. With kind Regards..
December 16, 2011 at 6:57pm · Like
Inder Chatta A very good encourraging and hope full information ,I onbehalf of my co-suferers hole heartedly am thankful to you Shri Johri Lal ji,hope you and the other associates shall see the scheme through to reach the benifits to all of us.
December 16, 2011 at 7:19pm · Like · 1
Mathre Rangarajan
Respected Jauhari Lal Saheb,

I have a feeling that you are referring to my appeal to NHRC with copies to others - I have re-read the appeal again and again, I don't find any
derogatory remarks. I have made only factual statement.

...See More
December 17, 2011 at 4:10pm via · Unlike · 6
Prem Sagar Gupta Solute to you Dear Mathre Rangarajan for explaining ,this is the true condition of 99 % of the honest retires of ongc between 1995 to 2007,God bless you,every one has to appear in his court for explanation one destine day not fr away.
December 17, 2011 at 4:35pm · Like · 2
Erippanal Damodaran Respected Mahtre Mathre Rangarajan Sir, I think you have made a realistic account of the pathetic condition of Ex-ONGCians in an emotional way. The element of emotion is a reality.

Even a retired bank employ gets a dignified pension...

May God bless you with good health for some more years to see at least what the out put of this present efforts and promises.

With that prayer and kind regards...
December 17, 2011 at 5:52pm · Unlike · 1
Prem Sagar Gupta
Respected sh Jauhari Lal ji,sir first of all your delegation visit to the sh P.K.Sinha is highly encouraging,and your team needs all the best wishes of serving the exongcians but sir why some one in ongc india not been doing any thing,if ...See More
December 17, 2011 at 8:35pm · Like
Narayan Singh Rathore
Friends, we are very anxious about hopes of some proposal under consideration. What happens if proposal is agreed but ONGC does not comply with the approved conditions ? You may be cursing me for raising such hypothetical question ! I am re...See More
December 18, 2011 at 3:26pm · Unlike · 3
Prem Sagar Gupta I entirely agree Capt Narayan Singh Rathore,to err is human,every one commits mistakes but one who recorrects is even appreciated by every one,it is still time for ongc india to take stock and act quickly,god bless.
December 18, 2011 at 3:31pm · Like
Narayan Singh Rathore
If we go thru MOU of 9.4.2007, it says "Following amendments have been made to the ONGC Self Contributory Post Retirement & Death in Service Benefit Rules, 1991." Para 32 of PRBS Rules provides that Rules could be amended provided the alter...See More
December 18, 2011 at 3:58pm · Like · 1
Narayan Singh Rathore
Dr. Jauhari Lal Sir, I fully appreciate your stand that no one can sign a document on behalf of all retirees of ONGC unless one is elected & duly authorised to do so. Sir, one thing has to be appreciated that some times anguish turns into a...See More
December 18, 2011 at 4:23pm · Like · 2
Prem Sagar Gupta
LET US LOOK WHY ANNA HAZARE JI AGITATION FINALLY SUCCEEDED SINCE THERE WAS ANGUISH AND HELPNESSNESS AMONG THE MAJORITY OF COMMUNITY,THIS WAS INSPIRED BY FEW NGO,s HOW IT BECAME SO VIBRANT ,SINCE IT BASED ON HARSH TRUTH,REALITY AND SOUND PRI...See More
December 18, 2011 at 4:58pm · Like
Nirmal Kumar Srivastava
Excellent response by Mathre Rangarajan to the posting of Dr.Jauhari Lal who instead of appreciating his selfless action of a Crusader like Anna Hazare...started fuming by challanging his authority and language of his appeal.From the wordin...See More
December 18, 2011 at 6:39pm · Unlike · 2
Prem Sagar Gupta i happened to see your article on yahoo facebook for Agrani samman addressed to human right commission 2/3 days back was well explained with reasons of the greatest discriminations ever could happen by any PSU,
December 18, 2011 at 10:03pm · Like
Mathre Rangarajan
I fully agree and endorse the view expressed by Dr Jauhari Lal Saheb:

*"On one hand we are requesting the management to look into our grievances
but such letters are just provocative."*
*
...See More
December 19, 2011 at 1:42pm via · Like · 1
Mathre Rangarajan One major correction - I have made a blunder in using the the expression
"After all are beggars" - I have no authority to use word "WE" - I am not
an elected representative - So please correct that sentence to "After all I
am a beggar" - Dr Jauhari Lal Shaeb will have serious objection to it. - I
am sorry.

You may add 'several NGOs' after 'Mahila Samithi'
December 19, 2011 at 2:23pm via · Unlike · 2
Prem Sagar Gupta Dr Jauhari Lal JI,PL USE YOUR GOOD OFFICES TO SUPPORT,NOT OPPOSE YOUR OWN COMMUNITY OF SR CITIZENS.YOU ARE LUCKY TO BE STILL WORKING AS A SPECIALIST OF H.R. IN ONGC,I FEEL YOU UNDERSTAND WHY SH RANGARAJAN GOT ANNOYED,WHY THIS DISCRIMINATION FIRST HAPPENED AND WHO IS RESPONSIBLE FOR IT?
December 19, 2011 at 2:56pm · Unlike · 1
Prem Sagar Gupta Dr Jauhari Lal JI,ARE YOU ACTING WITH SOME AUTHORITY OF GOD ALMIGHTY AND ONGC MANAGEMENT ALWAYS DISCOURAGING THE EXONGCIANS CALLING THEM UNAUTHORISED,PL YOU ARE ELDERLY DO NOT PROVOKE THE SR CITIZENS,BADRINAT6H VASANDI,I KNOW WILL NEVER SPEAK A WORLD NOW.
December 19, 2011 at 3:09pm · Like
Subhash Jetly Angered perhaps, by this suffocating drag along expression----the crux of bullying the cause of unification.
December 20, 2011 at 12:37pm · Unlike · 2
Jauhari Lal
Dear Sh Rangarajan,

I am restraining myself to prolonging comments and counter comments. A number of Ongcians had been writing to various authorities in the past and I never reacted. You held a very senior positions and I feel that a ...See More
December 20, 2011 at 7:44pm via · Unlike · 2
Amitabha Banerjee Dear Shri Jauhari Lal,regards. I am sorry to intervene,but compelled to opine with all humbleness that 'so called' frustrated letters by many to ONGC Authorities are really out of mere FRUSTRATION caused due to indifferent attitude of the management of the past,and present,too.Or,else,how can a serving Director/HR say in open that 'once an employee retires ,he is practically a NOBODY to the Organisation....
December 20, 2011 at 9:09pm · Like · 2
Amitabha Banerjee
contd...Kindly try to understand,irrespective of ur opinion regarding all Board Members having sympathy to our cause....we are not,at this age,are looking for Sympathies....we are demanding justice and some pay-back by ONGC as recognition f...See More
December 20, 2011 at 9:31pm · Like
Prem Sagar Gupta Dear Amitabha Banerjee these are not only your opinion but all of us"we are not,at this age,are looking for Sympathies....we are demanding justice and some pay-back by ONGC as recognition for our selfless contribution towards growth of this Organisation to this level"very very selective few words to convey sr citizens point of view,i solute you once again.
December 20, 2011 at 9:47pm · Like
Mathre Rangarajan
Thank you very much Dr Jauhari Lal Saheb for you kind mail and very kind
words - I am touched - I was very hurt that you did not e-mil me directly
in the first instance. Now that we understand each other and there are no
hard feelings - I k...See More
December 20, 2011 at 9:52pm via · Like · 2
Prem Sagar Gupta Thanks Dear .Mathre Rangarajan ,we all appreciate your appeal
December 20, 2011 at 9:58pm · Like
Narayan Singh Rathore
Friends, good morning. We in Indians read philosophy, consume philosophy, practise philosophy and tolerate nuisance to the extent it starts cracking us. Swami Vivekananda openly denounced British policy of preaching religion thru Missionari...See More
December 21, 2011 at 4:55am · Like · 2
Amitabha Banerjee Thanks PS Gupta jee,nice to feel that I am not Frustrated alone.....
December 21, 2011 at 10:53am · Like · 2
Badrinath Vasandi whatsoever the problem if one remains active there is nothing like frustration.....Mr. Nirmal Kumar Srivastava and Capt. Narayan Singh
Rathore would testify my statement...frustration is some thing for lazy, week and inactive person...I fully agree with Mr. Rathore that CMD is not to be made known for the wrong done...but also to compel him to redress the things..
December 21, 2011 at 11:01am · Like · 2
Amitabha Banerjee Good thing about this ex-ongcians'net is that one get unsolicited ad vices having any validity to original reference.....
December 21, 2011 at 11:34am · Unlike · 2
Badrinath Vasandi Mr. Amitabha Banerjee...this forum is for this very purpose...all these advices and submissions are for common cause....some may like some things and some may not.....but i fail to understand what prompted u to o make such comments...what is purpose....each and every members here is very respectable...let him to express....
December 21, 2011 at 11:40am · Like · 1
Prem Sagar Gupta Dear sh Amitabha Banerjee & sh Badrinath Vasandi ji,there is no difference in undersatanding between you both except refs to validity to original refs,i will invite both of you in Ahmedabad on new year day for a get togather,which is missing,we must organise such meets say once in three months.best of luck sir.
December 21, 2011 at 8:47pm · Like · 1
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