Awake Pensioners Awake

[Shrinivas Parkar]

In case of our 100% DA Case in Honourable Supreme Court, Bank’s Learned Advocate argued that “The employer has a right to restrict the applicability of new benefits/improvements to future retirees and for that purpose the cut-off date of November 1, 2002, was in order.” I feel that this argument of Banks’ Learned Advocate may also mean that the right to make the applicability of new benefits/ improvements to existing or future retirees, is also  with the Employer and to grant 100% DA to Pre-2002 Retirees with Prospective Effect, may be Right/ Policy Decision of Banks and the Banks are free to exercise this Right or to take such Policy decision.

Few days back, the Policy Decision of the Government to make applicable “One Rank One Pension” (OROP) to Defence Personnel (which is similar to our Pension Updation) was Uphold by Honourable Supreme Court.

I am having full respect for our Judiciary, its System and Honourable Judges. Many Respected Judges of Honourable Courts have delivered justice to People of India through their Judgements. We are grateful to these Honourable Judges and admire them always. These Honourable Judges are our Idols and they are having place of respect in our minds, forever. I feel that only due to our bad lack, we lost our 100% DA case in Most Honourable Supreme Court.

[Shrinivas Parkar]

We understand that DFS has asked IBA to give perfect justification for granting 100% DA Neutralisation to Pre-2002 Retirees despite rejection of the same by Hon'ble Supreme Court. I do not know whether this News is True or not. Anyway, we have to be prepared for such query. Members of this Blog are intelligent enough. I appeal to Members of this Blog to provide perfect reply to such query already raised or may be raised in future.

The views expressed in this Blog may automatically reach at desired destination. 

[NSS]

Friends

Extending full neutralisation for inflation for the entire basic pension (100% DA) to post Oct 2002 pensioners and retaining the tapering DA system for pre Nov 2002 pensioners is not a new benefit or a New Pension scheme. It is only an improvement in an existing benefit as all pensioners were getting DA even before Nov 2002. Here I have extracted the relevant observations of the Supreme Court of India. These are extracted from the Judgment of the Hon'ble Supreme Court Court in  Civil Appeal Nos. 5252 to 5255 of 2018 i.e. 100% DA appeals.

" The classification has to be based, as is well settled, on some rational principle and the rational principle must have nexus to the objects sought to be achieved."

"   If the liberalisation was considered necessary for augmenting social security in old age to government servants then those who, retired earlier cannot be worse off than those who retire later. Therefore, this division which classified pensioners into two classes is not based on any rational principle and if the rational principle is the one of dividing pensioners with a view to giving something more to persons otherwise equally placed, it would be discriminatory." (Page No.25 )

" It was clearly stated that ‘if the pensioners form a class, their computation cannot be by different formula affording unequal treatment solely on the ground that some retired earlier and some retired later’.."(page no.27)

"    Therefore, what we have to consider is what is the nature of the change made by the amendment. Is it by way of upward revision of the existing pension scheme? Then obviously the  ratio of the decision in D.S. Nakara case would apply. If it is held to be a new retiral benefit or a new scheme then the benefit of it cannot be extended to those who retired earlier.” (page no.30 and 31)

The employer can validly fix a cut-off date for introducing any new pension/retirement scheme or for discontinuance of any existing scheme. What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut-off date arbitrarily thereby dividing a single homogeneous class of pensioners into two groups and subjecting them to different treatment.”

In the recent OROP judgment also it has been stated that a benefit can be introduced prospectively but a homogenous group should not be divided. The rule is "cut off date is  impermissible for improvement in an existing benefit". This rule was not applied to our case  and we were denied justice.

It is written here that 100% DA case was lost because there were too many impleaders. Cases are decided on the basis of the  facts  of the case and by applying the Law on these facts and not by counting the number of petitioners or impleaders. There are more than 1.50 lacs pensioners affected by the 100% DA discrimination and from the "too many" impleaders side only one Advocate appeared.  Even this Advocate was not allowed to argue the case and the appeals (Mr.A.B.Kasturirangan) were dismissed abruptly. 

We lost the 100% DA case in the Supreme Court. But even before that we lost the 100% DA benefit  when UBIRWA and AIBRF refused to file contempt petition in the Kolkata High Court.  

A Representative Suit is one where one or more individuals file a suit representing large number of individuals who are also similarly interested in the suit. Certain procedure is stipulated like issuing public notice or where possible issuing notice to all the similarly placed  individuals, obtaining Court's permission etc. to make a suit representative in character. Civil Procedure Code also states that only a bona fide litigant can bind others in a representative suit. Lack of bona fide will render the decision not binding on others. Suit filed by UBIRWA is not a representative suit and the final decision will not bind others.

In view of what is stated above, we have another opportunity to file a Writ Petition in the Supreme Court of India. 

Regards

N.Sankara Subramanian 

[sastry n s]

News are afloat that a new Finance Minister may take over.  It is desirable that our friends in Delhi may make urgent efforts to meet the Finance Minister and request/remind her to keep up her promise whilst being in office as Finance Minister. 

[Shrinivas Parkar]

I am following with RBI, IBA & Finance Ministry for appointing Bank Retirees of all ranks to be appointed as Administrator/ Manager of the NPA Borrower Company. Such Bank Retirees, as Administrator/ Manager of NPA Borrower Company may take effective steps to recover the Dues of the NPA Borrower Company from its Debtors and transfer this recovery to Lender Bank to reduce NPA of the Bank. 

Such Bank Retirees may get Handsum Remuneration and also satisfaction that they are doing good job in the National Interest. Those who are interested to work as Administrator/ Manager of NPA Borrower on behalf of Lender Bank may mail me or in this Blog their details with their ideas, so that I can represent our case properly to proper Authority. 

[Shrinivas Parkar]

Pension Updation is going to happen when and only if Hon'ble Finance Minister Respected Nirmalaji Madam will walk her talk. Let us all pray to bring that day very soon.

[JSOMA SHEKARA]

What walking talk! She did not make any promise to pensioners that she will implement Pension Updation. She insisted that the IBA chairman and SBI chairman do something about updation. This is also an indication to IBA that if a proposal for updation is submitted it will be considered. FM also reiterated the same message in Parliament.

It was the duty of UFBU leaders to follow up the matter with IBA consistently and seriously  and ensure that a proposal is sent to FM for consideration. It is well known how UFBU is avoiding discussion on Updatiom but busy organizing strikes for farmers,  political parties. AIBRF and AIBPARC should have strictly demanded UFBU to take up updation issue on priority basis with IBA, But they are busy writing letters to IBA, a one way traffic and Finance secretaries, Rajyasabha members a futile exercise.

On Thu, Apr 7, 2022 at 8:15 PM 'Shrinivas Parkar' via bankpensioner <bankpe...@googlegroups.com> wrote:

Pension Updation is going to happen when and only if Hon'ble Finance Minister Respected Nirmalaji Madam will walk her talk. Let us all pray to bring that day very soon.

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[Nagaraju Kakani]

Sairam,If all members of the retiree organisation resign and come out, then only they will realise.As long as we are sleeping members and pay our monthly/annual subscription, the wont realise our importance to the existence of the retiree organisations. Our Members have to take a bold decision with out fear or favouritism and affiliation to come out instead of thinking  about Hunger strikes etc.

I am one to come out and prepared.

with regards,

nagaraju kakani

hyderabad.

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[P. S. SATYANARAYANA]

Reference to Nagaraju Kakani message:

Most of the retiree organisations collect one-time life membership fee, which is invariably non-refundable. 

Even if one resigns, it does not have any effect. Retiree organisations can continue showing resigned members also as their members, ignoring the resignation letter. Nobody checks the membership claims of retiree organisations.

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[Shrinivas Parkar]

Wage Revision for State Transport (ST) Employees in Maharashtra State takes place at the interval of every 4 years, by Negotiations between Employees and the Government, just like our BPS System. Presently, in ST no fresh  Settlement has taken place even though previous settlement is expired. The ST workers are agitating for their Demands. Without discussing with the Unions, the Maharashtra  Government unilaterally declared handsome Enhancement in the salary & wages of ST Employees. Why IBA is not taking independent decision to hike Pension, without discussing with Unions, similar to that done by the Maharashtra Government for ST Employees?

[Shrinivas Parkar]

Most Humbly and with due respect, I request somebody to bring my following predictions to the kind attention of the Learned Advocate representing us in Hon'ble Supreme Court, so as to make proper pleading.

In the last hearing of 25th January 2022, IBA's Advocate informed that the Chairman of the Special Committee for Pension Updation was retiring on 31st January 2022 and therefore they would reconstitute the Committe. Hon'ble Supreme Court allowed 3 months time and asked to submit the Report well before expiry of this period and in case final Decision cannot be taken by this time, Interim Report must be submitted. Considering past behaviour of IBA, I predict that in the hearing of 22 04.2022, IBA may put submission that " Mylord, instead of reconstituting the Committee, we have decided to settle the issue by discussing with UFBU, the process of which has already been started by holding meeting with UFBU on 13.04 2022. So kindly give us time upto November 2022 to complete the Process."

The above is a trap because in November 2022, IBA may inform Hon'ble Supreme Court that since the Pension Updation matter could not be decided, the same may be settled along with 12th BPS, which process is started in November 2022 and the Pension Updation issue is included in 12th BPS . IBA may hide the fact that 12th BPS is expected to conclude only in the year 2025 or 2026.

I request our Learned Advocate to plan a suitable strategy.

[Sanjay Velankar]

✅

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[Sankara Subramanian]

Sir 

Advocate cannot do anything without instructions from the clients. Pensioners pursuing the appeals would have decided already to seek hearing of the appeals . 

We should remember that IBA never talked about the committee in Court. In the last hearing they informed that the committee has to be reconstituted. The Appellants only sought adjournment citing the committee . I have already sent a message to the Advocate explaining the developments and requested him to proceed with the hearing of the appeals.

Regards 

NSS

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[Debasish Mukherjee]

Mr.Sankara Subramanian, this is a crucial case and unless the petitioners counsel strongly argues possibility of another deferment remains. If you know PNB retired employees e.mail address and mobile nos. kindly forward to me in my mobile no.9330723581 and in my e.mail to enable me to write to them.

Thanking you.

Debasish Mukherjee.

Sent from RediffmailNG on Android

From: Sankara Subramanian <nsanka...@gmail.com>
Sent: Mon, 18 Apr 2022 09:48:56 GMT+0530
To: bankpe...@googlegroups.com
Subject: Re: bankpensioner Awake Pensioners Awake

Sir 

Advocate cannot do anything without instructions from the clients. Pensioners pursuing the appeals would have decided already to seek hearing of the appeals . 

We should remember that IBA never talked about the committee in Court. In the last hearing they informed that the committee has to be reconstituted. The Appellants only sought adjournment citing the committee . I have already sent a message to the Advocate explaining the developments and requested him to proceed with the hearing of the appeals.

Regards 

NSS

On Mon, 18 Apr 2022 at 4:09 AM 'Shrinivas Parkar' via bankpensioner <bankpe...@googlegroups.com> wrote:

Most Humbly and with due respect, I request somebody to bring my following predictions to the kind attention of the Learned Advocate representing us in Hon'ble Supreme Court, so as to make proper pleading.

In the last hearing of 25th January 2022, IBA's Advocate informed that the Chairman of the Special Committee for Pension Updation was retiring on 31st January 2022 and therefore they would reconstitute the Committe. Hon'ble Supreme Court allowed 3 months time and asked to submit the Report well before expiry of this period and in case final Decision cannot be taken by this time, Interim Report must be submitted. Considering past behaviour of IBA, I predict that in the hearing of 22 04.2022, IBA may put submission that " Mylord, instead of reconstituting the Committee, we have decided to settle the issue by discussing with UFBU, the process of which has already been started by holding meeting with UFBU on 13.04 2022. So kindly give us time upto November 2022 to complete the Process."

The above is a trap because in November 2022, IBA may inform Hon'ble Supreme Court that since the Pension Updation matter could not be decided, the same may be settled along with 12th BPS, which process is started in November 2022 and the Pension Updation issue is included in 12th BPS . IBA may hide the fact that 12th BPS is expected to conclude only in the year 2025 or 2026.

I request our Learned Advocate to plan a suitable strategy.

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[Shrinivas Parkar]

Hon'ble Prime Minister Most Respected Narendra Modiji Sir is on Gujarat Tour for 3 days from 18th April to 20th April 2022. This is Election Tour. I request Units of our Retirees Association from Gujarat to try to approach Hon'ble Prime Minister Most Respected Narendra Modiji Sir for our Pension Updation Matter through or with assistance of BJP Leader/ MP/ MLA from Gujarat. We have to convey that despite Assurance/ Commitment of Hon'ble Finance Minister Respected Nirmalaji Madam in Public Domain, IBA is not implementing Bank Pension Updation, which may spoil image of entire BJP. This may adversely affect BJP in forthcoming Gujarat Assembly Election.

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