Fwd: NAKARA V. UNION OF INDIA (SC.1983)

[RAMAKRISHNAN R P]

---------- Forwarded message ---------
From: RAMAKRISHNAN R P <ramakri...@gmail.com>
Date: Fri, 6 Mar, 2026, 12:22
Subject: NAKARA V. UNION OF INDIA (SC.1983)
To: <bankpe...@googlegroup.com>
Cc: RAMAKRISHNAN R P <ramakri...@gmail.com>

Dear Friends,

We should know how our DFS , is doing INJUSTICE to Pre 2002 Retirees in comparison with 2002 post Retirees.  Pre 2002 Retirees were not given 100  % D.R  from 01.05.2005 to 30.09.2023 and from 01.10.23 onwards only this 100 % D.R Neutralization have been implemented by DFS not with Restropective but  with prospective only. As per NAKARA Case, and as per our Supreme court judgement on NAKARA,Case, Pensioners form one Homogeneous Class and Artificial Division based solely on retirement dates violets equality. Date based discrimination held arbitrary. Even if regulations or silent , constitutional equality prevails. Administrative interpretation cannot defeat beneficial legislation. Whether DFS has RIGHT  TO GIVE THEIR OWN VERDICTION BY DENYING RETROSPECTIVELY  AGAINST  PROSPECTIVELY , IS MY QUESTION. IS IT NOT 10 AMOUNTS TO ADMINISTRATIVE INTERPRETATION AGAINST THE LEGISLATION. I welcome if any of you clear my doubts !!! Due to  this , you all know how much arrears we are lestimately to RECEIVE. With best regards, 

Ramakrishnan RP, VRS Retiree.

[RAMAKRISHNAN R P]

[MOHAN P]

Dear Shri Ramakrishnan Ji

Referring to your message, the copy of the GOI ,Ministry of Finance letter dated 5th October 2023, conveying to IBA  'No Objection' on advising  banks to pay 100% DR neutralisation by IBA  to pre 1.11.2002 pensioners w.e.f 1st Oct 2023, is attached herewith.

You may please note the last paragraph of above communication as follows

"No arrears shall be payable for the periods falling prior to effective date"

Also banks have granted Ex gratia of small amount along with.

If a favourable  verdict was from  Court ,naturally arrears would have been received.As we are aware we have lost the case before Apex Court .So it is a great relief to see that at least same has been resolved later out of court.

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[JSOMA SHEKARA]

Dear Ramakriushnan

100% DA was introduced with effect from 01.05.2005 to all employees and pensioners retired after 01.11.2002,

  The benefit was denied to pre 2002 retirees drawing less pension. This was done with full consent of  UFBU leaders. Aggrieved pensioners

filed WP in 2006. As usual both IBA and UFBU cried sub judice. First verdict came in favour of pensioners from

Kolkata High Court. However, the Madras High court  verdict went against pensioners.  UFBU leaders could have pursued IBA to implement the 100% DA as Kolkatta High court gave a decisive verdict. . They did nothing, iBA went for appeal.

In 2018  SC.gave verdict in favour of Banks.  100% DA issue was no more sub judice, UFBU could have taken up the issue with IBA.

But they abandoned the issue.in 2023  Delhi HC order DFS appointed a committee to study all three issues and make recommendations. Like IBA did DFS also could have submitted before court that committee did not find it feasible to accept demands without submitting a report. But DFS did not interfere and the committee accepted and recommended 100% DA and restoration of full pension to SBI retirees. It is not the job of the committee to recommend benefit from back date.

UFBU should have bargained for the benefit from the back date before signing the agreement.

Can we blame DFS?

[Ramani Konnayar]

Dear Sir,

In my opinion, pre 1/11/2002 retirees are definitely eligible for 100% DR neutralisation retrospectively from 1/2/2005 as otherwise, there was no need for specifically incorporating a clause in the relevant MOU entered into between IBA and UFBU that no arrears would be paid and the implementation would only take prospective effect from 1/10/2023.

In all probability, the arrears were not paid only to cut/save costs. These retirees had abandoned all hopes after losing SLP in the Supreme Court and so even the prospective effect was an unexpected bonanza for them. The organisations representing them too did not bother to raise the issue of arrears, perhaps because this group consists of less than 15% of the total number of pensioners. To preclude the possibilities of any claim for arrears in future, the MOU - agreement route was specifically chosen.

Though the sanctioning of 100%  DA as above preceded the 12th BPS, it was very much incorporated in that BPS along with the sanctioning of Ex-gratia to all those who retired prior to 1/11/2022. However, while Ex-gratia was given retrospectively from 1/11/2022, 100% DA was not given retrospective effect even  from 1/11/2022. As a consequence, the ex-gratia for the pre2002 retirees was calculated on the basis the tapered DA paid to them in October 2022 and the loss is around ₹700 - 800 per month.This anomaly continues till date although UFBU assured as early as in April 2024 to get it rectified.

In short, among all the pensioners, those who retired prior to 1/11/2002 are the worst sufferers and justice is repeatedly denied/delayed to them.

K N RAMANI 

[JSOMA SHEKARA]

Two factors that are making pre 2002 retirees suffer are

1. Commercialization of trade Unions  2. Utilizing funds meant for retirees to increase wage revision percentage.

    Leaders take up issues of  employees who are paying subscriptions. They do not want to invest their time 

and\ money  on retirees who  are not paying subscriptions. Moreover  those unions who seriously take up retirees

 issues like updation are barred from BPS. VIZ  Befi and AIBOA.  BEFI which issues lengthy circulars on Social justice,

 equality, protecting rights of workers etc etc  stopped talking about updation from the very moment it was barred from BPS. 

 Unions were afraid of permanent suspension from BPS and thereby  losing membership and subscription. 

Just imagine even a Unions is having  2000 members and collecting  monthly membership of Rs.100, 

the annual income of Unions is 24 lakhs per month + levy once in 5 years, If levy is just Rs.1000 for 2000 members

total collections is Rs. 20 Lakhs. Total 5 years annual income is Rs.1.40 crores. Who will lose such an amount by

 taking up the issue of pre 2002 retirees and get barred from BPS?

This is one of the reasons unions are accepting illogical reasons of Sub judice and avoiding discussions.

2. How the rule  pension basic shall be fixed on last 10 months average emoluments.is being twisted

    Based on this employees retiring during 10th, 11th and 12th BPS should have got more pension 

    as their Basic salary +DA+allowances and yearly increments are increased in every BPS. 

    IBA/UFBU could not have straight away rejected proportionate pension on their average emoluments

 or 50% pension on last drawn salary as it violates pension rules.

    So the best way to reduce salary itself, by converting it as a special allowance and denying pension benefits on it.. 

So amounts saved by denying pension on special     allowance, updation, merger of DA etc is used for

 increasing wage revision to 17%. Where is the guarantee that UFBU will not agree to  increasing the special allowance to

 50% and denying pension on it in 13th BPS.

   It is my strong wish that affected retirees win special allowance case and get arrears from their date of retirement

   So all  Unions prefer to keep the right to negotiate on behalf of retirees and use it to get better perks for employees who pay

   subscriptions.

  So far no union leader has come out with the  circular explaining why 100 % DA was denied to pre 2002 retirees, what is the actual

  cost of updation, why merger of DA not demanded,why ex gratia not reviewed, why Special allowance agreed denying pension benefits,

  the Medical agreement was signed making retirees pay 100% of premium there by keeping 80% of pensioners out of medical care.

    The reason is the above two factors mentioned.

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[Satyanarayana Rao]

The negotiating UFBU has become puppets of IBA and playing in the hands of IBA.
They neither have commitments to trade union ethics not have the bargaining skill.
They started singing on
dotted lines.
.

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[Harish Midha]

And above that one of our Honourable member in this group will continuously keep on harping on the interpretations showing all negative views and meanings of every comes, semi colon, full stop etc etc without even touching on even a single word as nicely put forth by Somasekhra ji.

Very unfortunate.

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[Ramani Konnayar]

Dear Sir,

There cannot be a more analytical and exhaustive reply than this, and I always keep wondering at your patience to think over and write such long letters.

I opine that more than the absence of any subscription from pensioners, concern about the future of their majority members under NPS is the reason for the Unions' disinclination and apathy towards pension updation. We can very well afford to pay a subscription of even Rs.100 p.m. to them if they would fight and secure updation.

K N RAMANI 

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[Satyanarayana Rao]

Some super inteligents are ment to undermine the Sri Singla ji Case by their own rules and assumptions and presumption.
The learned judges of the high court have understood that there is something that calls for justice and justice shall prevail in favour of updation.
Let us wait for the final verdict.
Those who support IBA and UFBU combine and play second fiddle are minimum.and interpret pension regulations in their own way.

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[JSOMA SHEKARA]

M C Singhla case is listed for tomorrow.

Petitioners party has not filed any further documents

Bank/IBA advocate has filed an affidavit on 10,03,26. But the same is said to be defective and ineligible.

On 25th Feb 2026 their documents were defective.  

***************************

n pursuance to above order, Mr. Rajesh Kumar Gautam, Advocate has on 10.03.2026
filed affidavit on behalf of Respondent No. 4. The same is found to be defective for the reason
that Annexure A-1 contains smaller font and is dim-impression hence illegible. Defect has been
notified to the counsel but he has not done the needful so far.
The appeals along-with applications above mentioned are listed before the Hon'ble Court
with this office report.
Dated this the 11th day of March, 2026.
Sd/-

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[Niranjan Cn]

Sir it not supporting the case or supporting IBA.  Just because one told truth - does not mean that one is against.  His words has to be taken seriously and remedies/solutions to be found for the issues raised.  One should live in 'La La land'.

Niranjan

On Wed, Mar 11, 2026 at 3:56 PM 'Satyanarayana Rao' via bankpensioner <bankpe...@googlegroups.com> wrote:

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[Sanjay J]

The Judges may take a very dim view of the IBA filing "illegible" data at such a late stage. This could be viewed by the Bench as a delaying tactic or a lack of transparency regarding the very data they requested on February 5th.

This actually strengthens pensioners’ argument that the IBA is avoiding a clear comparison of the facts.

The court's primary goal remains the year-wise pension calculations for the three periods to test the "shall be updated" mandate (p. 5).

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[Perianayagam velu]

When wage revised the dearnas allwance is merged with basic pay.then a percentage ranging from 17 + percentage is added to fix revised pay.same way retirees basic pension should be merged with dearness relief and the 17+ percentage should be given logically.when pension requlation was introduced employees do not go through deeply in the regulation.norrmaly every employee they will be protected like regular employees.

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[JSOMA SHEKARA]

There is no discovery or wisdom or workshop required  in finding that Reg 35/1 does not does not fetch us updation. CWP2008 of Punjab and Haryana Court verdict CWP 6333 0f 2008. 

1. Reg 35/1 provides updation for pensioners for a certain period but it does not say

    employees retired after this period are not eligible for updation,

2.  So claiming there is no provision for updation in Pension regulations is utterly false.

     Then we can also claim that there is no provision in Pension regulations that

     bar updation for employees retired after 1986.

3. No provision for updation is required for revising updation  and

 there are many decisions taken which support this.

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[Anand Rao]

Singla posted to April 8 or 9

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[Satyanarayana Rao]

Very perfect and straight reply and  speaking assertive statement to all those who argue that there is no provision for pension updation.
35/1 and appendix 1 are part of pension updation pilleres for justice and jurisprudence and favourable verdict.
Sri Somashekara ji your assertion is highly commendable.
This is the main interpretation that the learned judges have understood and that' is why the have revisited the pension regulations which all the 3high courts failed to understand the provisions of pension regulations.
If one says that the door is closed half it also means that the same door is half open.
Let the legal experts anlise and understand the provisions with positive attitude.

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[Prasad C N]

Dear Shri Somashekharaji,

Whether there is any claim from anyone that those who have retired on or after 31.10.1987 are not eligible for Pension Revision?
Even if Pension is updated, whether any clause after such updation can be incorporated in Appendix - I?

Those who are saying that there is no provision in Pension Regulations for pension updation are saying so only after some started invoking existence of provision for pension updation in Regulation 35(1).  In case, we stop claiming existence of clause in Regulation 35(1), then IBA and the Government will stop saying that there is no provision for Pension Updation.

Regulation 35 is for fixation of Basic Pension, but not for altering Basic Pension.  The formula in Clause a of Appendix I is only by adding Dearness Relief to Basic Pay, but not by adding any load.  Formula adopted is akin to what we are asking with regard to payment of pension at 8088 points.

I have been continueously asking simple questions.  I have received various narratives, but not the answer.  My Questions are:

What is the 'Prayer' with regard to Pension Updation in Singla's case?

If our prayer is Pension Updation as per RBI formula, what is the connection between, pension Revision as per RBI formula and Regulation 35 or Regulation 56, wherein not even mention of the words, Reserve Bank of India?  

What is the meaning of 'Pension Updation', the words used in Regulation 35(1)? Where it is defined?

Beyond expecting order for Pension Updation if we succeed in Singla's case, what is the expectation regarding order and the formula and basis for such order? 

Whatever questions I have, must be a part of the arguments on behalf of the Petitioners to win the case, while claiming order for Pension Updation.  

FORGET ABOUT ALL THESE THINGS.  PLEASE LET ME KNOW WHAT IS THE AMOUNT OF INCREASE & THE BASIS FOR SUCH INCREASE IN YOUR PENSION?  THOSE WHO ARE FINDING FAULT IN OUR VIEWS ARE ALSO REQUESTED TO MAKE AN ATTEMPT TO CALCULATE & TELL WHAT IS THE AMOUNT OF INCREASE IN PENSION & BASIS THEREOF.

Thanks, a Million. 

With regards,

Prasad C N

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[Prasad C N]

Dear Sir,

The load for Superannuation Benefit during 10th, 11th and 12th Bipartite Settlement is 2%,2.5% and 3%.  This is for your kind information

Thanks, a Million. 

With regards,

Prasad C N

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[MOHAN P]

Next date of Singla case is 9th April26.

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[Prasad C N]

Dear Shri Satyanarayana Rao,

It would be enlightment to all of us and each of us owe gratitude, provided if you can tell us, assuming a favourable decision/judgment, as expected by you:

a. What is the formula for increase in Pension you are expecting, if Hon'ble Judges agree with your views and order updation of pension?

b. What is the 'Prayers' of the Petitioners in the Civil Appeal?

Please enlighten us.

Thanks, a Million. 

With regards,

Prasad C N

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[SHAILEN Bhavnani]

Mr Prasad, 
You have been receiving some favour from your Guru, which is why you are always keep harping the same tune ,HMV. NO CLAUSE FOR UPDATION , LIKE IBA, ITS STOOGE AIBEA. 
If you really in favour of PENSIONERS, PLEASE KEEP YOUR MOUTH SHUT FOR SOME MORE TIME TILL THE HON'BLE JUSTICES GIVE  THEIR OPINION. 
-- Regards,
S.G. Bhavnani
Contact No. +919540410341

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[MOHAN P]

Mr Shailendra,

All members under this forum have every right to express their views on subjects referred here.

The language you have used against a member in your message is not fare.Please desist from using such words.

Mr C N Prasad is sharing his views based on facts and if any one wish to counter the same please put forward the same instead of blaming person(s)

A healthy debate is the best way.

Regards

Mohan .P

 

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[Sridhar Mandyam]

Sometimes truth is not palatable.

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[Niranjan Cn]

Mr Bhavani, when a person cannot speak on facts or counter on the points on merit - bound to resort to abuses. It shows bankruptcy and totally carried away by relentless misinformation campaign..
Counter Prasad with valid points if have one…. Read judgements , regulations, facts and not WhatsApp and view YouTube channels .
We don’t expect anyone to use unparliamentary words .

Niranjan

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[Ramani Konnayar]

In my opinion, if the Court decides that the petitioners are eligible for updation and deserve it too, in as much as, the same has been implemented for Government and RBI pensioners, based on whose pension schemes BEPR was framed, it may direct IBA to evolve a suitable formula for the same within a time limit, through mutual negotiations with UFBU as already agreed upon in the joint meeting held between them on 8.3.2024.

It is fervently hoped that the SC may not straightaway dismiss the case against the petitioners as done by HCs.

Anyway, we are well accustomed to withstand disappointments. After all, heavens are not going to fall if we don't get updation.

K N RAMANI 

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[Chinnasamy Rajagopalan]

U have rightly put it Mohan.Every member has a right to air his own views whether it is palatable to others or not.There are always two sides to the same coin and What Mr.Prasad has said is that we must be prepared for the adverse judgements also.Law is an ass!

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[kumar n]

Sirs Nakara case is an eyeopener for pension cases, it has established pension is a deferred wage to employees who retired. Like Singla case had established the fact that pension updation is bank retirees entitlement and it should follow the RBI pattern as per Justice Vikrmanath and Justice Sandeep Mehta

Though court verdict not legislation but it is ratio decidenti it is Jude made law. In this circumstances our Legal Pandis please restrain from making acute interpretations, lest our Defendant Advocates catch hold these points and do some ruin in the case. Please avoid destroying beehive youself. Kumar chennai.

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[Sanjay J]

The disappointment of the April 9th adjournment is heavy for all of us. However, questions regarding the 'Prayers' and the 'Formula' provide an opportunity to move the discussion from anxiety to clarity. In any legal struggle, one must distinguish between blind optimism and a structured legal right.

 

1.What is the ‘Prayer’ in CA 7993/2023?

The core prayer is for a Declaration of Right. The petitioners have prayed for the Court to set aside the High Court judgments and declare that Regulation 35(1) (post-2003 amendment) mandates a dynamic updation of pension whenever pay scales are revised. Simply put: The prayer is to treat Bank Pension as a 'Deferred Wage' that must maintain its value, exactly like the RBI and Central Government models.

 

2. What is the 'Formula' for the increase we are expecting?

We do not expect the Court to 'invent' a new formula; we expect it to enforce the RBI Model, which was the agreed-upon benchmark in the 1993/94 settlements. Based on how the RBI has implemented updation, the expected formula involves applying a Multiplying Factor to the existing Basic Pension:

• Pre-2002 Retirees: A factor of 3.63.
• 2002–2007 Retirees: A factor of 2.44.
• 2007–2012 Retirees: A factor of 1.76.
• 2012–2017 Retirees: A factor of 1.63.

 

3. What is the basis for 'Zeroing In' on this formula?

The basis is Regulation 35(1) read with the 2003 Amendment (the shift to 'shall' and 'formulae'). This implies the 10% Loading Principle: merging the DA into the Basic Pension plus a 10% increase to bridge the inflation gap. While exact rupee amounts vary, the adoption of the RBI formula typically results in a 35% to 40% increase in Basic Pension—a far cry from the IBA’s 'Ex-Gratia' patch.

In the legal world, there is a vast difference between 'Blind Faith' and 'Judicial Realism.' While lower courts often stick to a Literal Rule (the 'fixation' argument), the Supreme Court is a Court of Equity. It exists specifically to look at the 'Spirit' of the law when the 'Letter' is used by the State or Banks to deny a fundamental right.

If there is no substance, the Hon’ble Bench would have dismissed this case on day one, based on the IBA’s technical objections. Instead, the Judges have spent hours scrutinizing comparative charts and questioning the 2003 'Shall' amendment. This isn't the behaviour of a Court looking to dismiss a case; it is the behaviour of a Court looking for the mathematical 'Formula' to deliver substantive justice.

Being 'forewarned' is wise, but being 'fore-defeated' serves no one. We stand on the shoulders of the Nakara Precedent, and that is solid ground.

Let us remain united in the principle; the 'Formula' is merely the mathematical consequence of winning that principle."

(with inputs from AI).

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[Ramani Konnayar]

Dear Shri Mohan ji,

I fully endorse your views. It is absolutely necessary to avoid usage of harsh and unparliamentary words in our letters posted in the group. 

As for the Singla case, I feel that we need not go too far into the legal technicalities, deficiencies, lacunae etc.,

in the plaint, arguments etc., and predict the outcome of the case. Suppose the judgement comes in our favour, notwithstanding all the perceived shortcomings, are we going to reject it?

Securing benefits is more important than through whose efforts it happens, I feel. In short, rivalry among organisations should not be allowed to spoil the chances. 

K N RAMANI 

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[Prasad C N]

Dear Shri S G Bhavnani,

There is no need to answer and we take your comments on our stride.

It is unfortunate that we prefer to shut our mouth and do not make comments when:

a. We were misled to believe that Provident Fund is better than Pension and 52% of us opted for Provident Fund.  We shut our mouth did not tell these leaders that they are misguiding us.  This misguidance and over 52% opting for PF resulted in loss of 15 years.  We realised AIBEA was right.  Do you know the cost of shutting the mouth. I have never seen any of us finding fault with them;

b. Do you know, four Officers' Organisations, including AIBOC has sought actuarial valuation to ensure adequate provision in Pension Fund.  We do not find fault with them?  Why we do not ask them shut their mouth?

c. Do you know, it is Hon'ble High Court of Karnataka, which has said that Regulation 35(1) does not help us?

d. When Pension of one section of Bank Pensioners is improved, when they sought payment of pension as per our scheme, we say in writing that we do not demand commensurate benefit.  Even IBA says that there is no such demand from Nationalised Banks.  But, we do not demand parity within the Banking industry and shut our mouth.  Therefore, who is the stooge of IBA?

e. When the then General Secretaries of AIBOC and NCBE write letter to IBA not to implement the scheme of second pension option, when they do not sign MOU on 27.11.2010, when Second Pension option was extended on account of perservance of leadership of AIBEA, we shut our mouth. Who is the stooge of IBA?

f. When we know that our own Bank has sought amortisation of additional cost for extending improvement in Family Pension, when we claim there is huge amount in Pension Fund, we shut our mouth and sing the same song?

g. When the Government, Courts, RBI, etc. never claimed that there is no provision in their Pension Rules/Regulations, still their pension is revised, why they are saying so in our case?  

h.  We have shut our mouth, when our leaders did not or are not enforcing the Judgment of Hon'ble Supreme Court. Then tell me who is helping IBA and who are the stooges of IBA?

This list is very long.  One who wants to tell truth should have courage and conviction, but not those who are fooling us by misguiding us. Instead please ask them to shut their mouth.      

Thanks, a Million. 

With regards,

Prasad C N

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