Memorandum submitted by AIBRF to PM/FM

[Ramani Konnayar]

Subsequent to the 6th Triennial Conference held recently in Bengaluru,

AIBRF has submitted a memorandum dated 3/3/2023 to the Honourable Prime Minister/Honourable Finance Minister on Updation of Pension and Group Health Insurance Scheme for retirees through the Honourable Governor of Karnataka who inaugurated the Conference.

While the memorandum has stressed upon the need for updation on RBI formula without any further loss of time as there has been no revision of the pension since its introduction in 1995 resulting in very huge difference between the pensions of those who retired around 15-20 years ago and those who retire now.

However, the issue of 100% DA neutralization on which some delegates spoke at the conference and Com.CHV too referred to in his speech is conspicuously absent in the memorandum. Perhaps, AIBRF feels that when the demand for merging DA at 6352 points with basic pension is conceded, the pre2002 pensioners will automatically start getting DA on the same formula as the one applied to those who retired on or after 1/11/2002 and thus the issue will be resolved.

As already requested by many of the pre2002 pensioners in many forums, this issue may be dealt with on a priority basis without clubbing it with updation which could be a long drawn affair, as this group consists of pensioners aged 75 or above and their numbers are dwindling with each passing day. 

[NSS]

Friends

From Mr.CHV's speech in the AIBRF conference and the memorandum dt.03/03/2023 it can be understood that Updation without 100% DA is being proposed by AIBEA AND AIBRF. Updation without 100% DA will ensure that the earlier retired pensioners will always get lesser pension than the recently retired pensioners. Thus the anomaly of earlier retired pensioners getting more pension than the subsequently retired pensioners on account of introduction of Special Allowance will be averted. (I remember a post by Mr.C.N.Prasad wherein he informed that 100% DA cannot be expected.)

Pre Nov 2002 pensioners have one more avenue to get their rightful due of 100% DA; Raising an Industrial dispute. Any of the affected workmen can raise the dispute. (Clerical Staff retired between 01/04/1998 to 31/10/2002 and drawing basic pension more than Rs.3550/= ; Retired between 01/11/1992 to 31/03/1998 and drawing basic more than 2400; and retired between 01/01/1986 to 31/10/1992 and drawing basic more than Rs.1250/= can raise the dispute.)  The whole process can be completed without engaging an Advocate. A similar dispute can be raised for Updation also. Eligible  and willing Pensioners can contact me in my cell No.9443040709. email:nsanka...@gmail.com.

Regards

N.Sankara Subramanian

[mohan p]

Dear Friends,

What is expected on revision of pension, we talk about?

In nut shell it may be said that pensioners under earlier settlement periods may have to be brought forward at least to the level of pensioners under latest settlement /joint note.

If revision of pension is done in its true spirit DA related issue will be resolved automatically,no doubt about it.

01.Updation or revision of pension cannot be done without extending 100% DR to pre Nov 2022 pensioners.(Where as 100%DA issue can be sorted out without  resolving updation of pension)

02.Even if no updation of pension is implemented and merger of 6352 CPI points is only  considered as in the case of serving employees there too  pre Nov 2002 pensioners will be benefitted due to resolution of 100 % DR.(Though that cannot be treated as revision of pension.Other segments may not have much benefit also)

03.Till the formula is discussed/agreed between IBA-UFBU we cannot assume what would be the impact.

So let them resolve the long pending issue either to pre 2002 segments first ,with a time frame in the case of rest,as indicated earlier.

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[Niranjan Cn]

Sir there is no legal case already it went Upto Supreme Court and lost.  That being the case where is the question ID ??

Niranjan 

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[Ramani Konnayar]

To Sri. Mohan:

I fully agree with what you have stated in the first para viz., 100% DA issue can be sorted without resolving updation of pension-- but not vice versa. As you would kindly and readily agree, updation of pension, whether it is in phases or for all at one go could probably be a long drawn affair. This is why, I had opined that it would be better to handle the 100% DA issue separately, considering the average age of the pre2002 group and the substantial amount  they have been losing every month for so many years that leaps with every DA hike. 

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[Ramakrishnan S]

What, I understand is that, if the basic is converted as per 6352, 100% da problem will automatically  solved. Also in case updation as per rbi formula is implemented,  then both 100% da issue as well as updation  will be solved. 

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[NSS]

Friends

Updation of pension will not automatically solve the tapering DA problem. Tapering DA formula can be continued even after updation. See the enclosed table. While Basic Pay increased due to the merger of 100% DA in every BPS, DA at tapering rates continued. Merger of index points will substantially increase the Basic Pension, but we will continue to get lesser DA
 than post Oct 2002 retirees unless tapering DA formula is abolished. 

N,Sankara Subramanian

[mohan p]

Dear Friends,

It seems that there is little bit confusion in this matter,since we are following a system of segregation of pensioners based on their date of  retirement under BPS/JN wise.Certainly it may be there  till a formula is agreed and finalised.

Tapering DA formula may not be continued on revision of pension.Once  a revision of Basic Pension  is made on merger of certain points (let it be 6352 or more)naturally only single uniform rate of DR can be applied further(And not any different rate to different categories  based on retirement date as doing right now,including tapered rate)

Example on Pension revision in RBI is before us,though they have carried up to 2012 with merger of  CPI 4440 points,only.Yes,they have already extended 100% DA earlier so this question of tapering formula, does not arise there.But single uniform DA rate is followed for all pensioners up to 2012.

Only on account of this aspect,segregation is made  for us,based on merged  CPI points of 600-1148-1684- ... and so on up to 6352 points with different DR rates including tapered DA.

While enhancing basic pension of of a retiree under Vth ,VIth or VIIth or VIII BPS /JN to the level of 11th or 12 th BPS/JN on a uniform level,there may be only one uniform rate of DR further.

Or else the very basic concept of Revision of Pension may be defeated.That is not the Revision of Pension, the  pensioners demand.Further segregation may not be/cannot be  there with different DR structure.

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[Asok Bhaumik]

Yes, Mr. NSS you are absolutely right.

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[Sridhar Mandyam]

If basic is converted to 6352, 100 percent DAv is temporarily solved.If tapering formula continues, the disparity will crop after some years

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[NSS]

Friends

100% DA cases were not filed in Representative Capacity i.e. representing the affected pensioners. They were filed in the individual capacity / Association representing its members only. The Judgment of the Court is final as regards the grounds put forward by the petitioners and others can file a petition on grounds not taken by the earlier petitioners. 

Clause No.6 of Pension Settlement which provides for DA as per RBI formula was one of the grounds taken by the Petitioners. However clause No.14 of the Settlement was not brought to the attention of the Court, and the Court accepted the claim of IBA that with the adoption of Pension Regulations the Settlement has lost its force. 

Clause No.14 ."The terms and conditions hereof shall continue to govern and bind the parties until the Settlement is terminated by either party giving to the other a statutory notice as prescribed in law at the material time."  Sec.19(2) of ID Act provides that two months' notice shall be given by the party intending to terminate the Settlement. 

The Pension Settlement 1993 is still subsisting and therefore the clause regarding DA can be enforced by raising an Industrial Dispute. (Clause regarding updation also can be enforced.)

(In the Judgment (Civil Appeals 5252 to 5255 dt16/05/2018.) in page No18 the Court had described the views of IBA on Clause No.6 without giving its finding on clause No.6. In Page No.39 of the Judgment, the Court had without giving any reason stated that RBI's circular on doing away with the tapering formula will not help the pre Nov.2002 retirees.)  Therefore, we can invoke clause No.6 and No.14.

Finally raising an Industrial dispute is not going to affect the ongoing talks on updation in anyway.  Also it is cost effective .

Regards

N.Sankara Subramanian