AIBRF ON HON: SUPREME COURT VERDICT IN CA 1123/2015 DT 1.7.2015.

[PM]

Dear Friends,

                                        There were lot of discussions on Hon Supreme Court decision dated 1.7.2015 in Civil Appeal No 1123 of 2015   under this blog too on AIBRF approaching Govt on sanction of Updation of Pension to bank retirees based on above.

                                        AIBRF has issued a circular on this subject vide Ref: 2015/245 dated: 11.09.2015   to its  Office Bearers/ Central Committee Members/ State Body Chiefs, the copy of which is reproduced here under for information of all:

'Dear Sir  

                  

                                                         Re: SUPREME COURT DECISION DATED 1.07.15 IN CIVIL APPEAL NO 11230  OF 2015  

                                           We have been receiving several mails / SMS from our many members and also some of our central committee members with the request/ demand to approach to the Government/ IBA to implement the principles laid in the said judgement and sanction updation of pension to bank pensioners based on this judgement of the Supreme Court. In addition to the above some individuals have been widely circulating this judgement  in face book /whatsapp with the inference / impression that this judgement has a direct bearing on Pension Regulations 1995 applicable in banking industry and why retiree organisations including AIBRF are not approaching to IBA/ Government for its implementation.  

2. In view of the above perception it is necessary to first know factual position of this case and how the matter was finally disposed off by the Supreme court in favour of the retirees and what benefits were granted to the respondents.  

FACTS OF THE CASE  

(1) The respondents were working on different posts of Lecturers, Librarians and PTI in colleges of Rajasthan Government and retired prior to year 2006.

 (2) They were appointed in the service between the year 1950 to 1976. 

(3) They were granted Selection Scale in Lectureship on or before 1986. 

(4) For implementation of recommendations of 6th Pay Commission to such retirees ,Rajasthan Government issued circular dated 12.09.2008 wherein benefit of selection grade was not extended while updating their pension as per the formula of 6th Pay Commission. 

(5) The Supreme Court has ruled that while updating basic pension of this group, benefits of selection scale which is higher one should be extended as they meet all the requirement and pension is matter of right and not bounty as decided and the principles laid down in the famous judgement of Supreme Court in Nakara v/s Union of India. Financial burden cannot be only criteria for denying benefit of updation in such cases and in the instant case number of affected surviving retirees is not more than 200 to 250.  

3. We wish to point out that this case has been fought and decided for correct interpretation of updation formula given in 6th Pay Commission.  

4. We may mention that in banking industry the existing pension scheme came in to effect by way of settlement arrived between unions and IBA in 1993, followed by decision of Sub Committee constituted to frame rules and regulations to implement the scheme and finally adoption of Pension Regulations in 1995 as approved by RBI/ Government of India and published in Gazettes. One can observe that updation clause was the part of settlement of 1993 as well as part of the details worked out by the sub-committee. However the updation clause did not find any mention or place in the Pension Regulations 0f 1995 and were dropped from the regulations on the objection taken by the government.   

5. In view of this, the following issues on pension updation for bank pensioners is to be legally examined and tested  

(1) Whether it was legal violation in dropping specific clause of updation of pension from the regulations  as given in the settlement of 1993. And court can be approach with the request to insert this clause in the Regulation as the basic sprit and intention to bring pension scheme was on the model of pension scheme  as applicable to the government  retirees.  

(2) Basic sprit of defined benefit pension scheme as applicable in banking industry is to provide social security to the retirees in advancing age and therefore pension scheme for the past retirees should be liberalised along with wage revisions of employees as envisaged in the principles laid down in the case of Nakara v/s Union of India. Therefore the court should be approached with the prayer that principles laid down in Nakara  case should be made applicable for bank pensioners also.

 6. As for as pension being legal right and it is nothing but deferred wages and not bounty is as present settled issue and no bank has  raised it directly or indirectly. Existing pension regulations are being implemented in last 20 years without any major issues. It is being paid on due dates to each eligible pensioners with DA review as per the existing provisions of the Regulations.   

7. Today the most important issue for us is to approach courts with the prayer that bank retirees are also entitled to get benefit of liberalised pension as per the decision in Nakara case and as implemented by Pay Commissions. We have to concentrate and put our full weight on this aspect. AIBRF has been working on this aspect at organisational level and also on legal forum in consultation with senior lawyers.  

8. Whilst on this subject, we may mention that our comrades in RBI and LIC are also fighting on this issue on continuous basis at the organisational level as well is courts.  

9. It may also be mentioned for information that retiree comrades of 6 public sector banks have been fighting legal case in Punjab & Haryana High Court on the issue of updation of pension for last several years without success.  

10. In view of this it is our humble request to all our members to keep patience and do not be carried out by some communications. AIBRF is fully seized of the situation and taking appropriate action from time to time.    

                                

  With Regards   

                                                                 Yours Sincerely     

                                                                   (S.C.JAIN)  

                                                         GENERAL SECRETARY 

[JSOMA SHEKARA]

Thanks to AIBRF for detailed circular. We have utmost faith in AIBRF and happy to note that it is taking suitable legal action as well as consultations to resolve issues.

But following para of circular is confusing:

 6. As for as pension being legal right and it is nothing but deferred wages and not bounty is as present settled issue and no bank has  raised it directly or indirectly. Existing pension regulations are being implemented in last 20 years without any major issues. It is being paid on due dates to each eligible pensioners with DA review as per the existing provisions of the Regulations. 

Actual fact is monthly pension is not being paid as per regulations.  Basic was less rhan 50% uptp 2005. DA benefit is improved from 2005 but not for pre-2002 retirees. Banks say it is humanitarian issue.

Banks have not accepted pension as right and through IBA we are told that it is welfare measure. If Banks consider it as right they would have called retiree organizations for negotiations.

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[Nagaraju Kakani]

Dear Sri Jain Sab, Thank you for your clarification and preparing ready for the game with all your ammunition at your disposal.We all join with you and fully support what ever right decision you take in protecting the interest of retirees and Pensioners as Per Pension Regulations in the Banks on the Govt Model. A regular communication from your office at regulatr intervals, though it may be difficult for you, but will have a soothing effect on all of us who are Senior Citizens and aged.

With warm regards and Greetings for Ganesh Pooja.

Nagaraju Kakani,

BOI SVRS 2000/2 nd Opt Pensioner/Without Med Benefit or REMAS.

On Tue, Sep 15, 2015 at 10:26 PM, PM <moha...@gmail.com> wrote:

[Gopalakrishnan Ramachandran]

A comprehensive reply and it is heartening to note that the AIBRF is siezed of the matter and contemplating on this aspect in an appropriate manner.

G.Ramachandran
CB-SVRS.

[Srinivasa Murti Devulapalli]

In response to my above posting in Face Book page of Syndicate Bank Retirees, I have received the following reply : 

Quote:

Pradeep Dubey Yes it is well explanatory. But why can't the AIBRF and/or other organisation also initiate appropriate legal action in respective High Courts immediately. Why waiting? Why waiting? It is necessary so that we can approach Supreme Court to have all such litigations transferred to Supreme Court itself in order to avoid multiplicity of litigation (as has been done in the past, and there are many precedents), so that Supreme Court can decide this in one go. Our Association can decide to file in Supreme Court also under Writ Jurisdiction ( Art.32 of Constitution) asserting all india representation. I am there as Advocate-on-Record practicing in Supreme Court and being an ex-banker myself, will do everything in my might to fight this cause effectively. We can also approach and engage best Senior Counsels in business to argue our cause before the court to achieve our goal. KK Venugopal, PP Rao, Nariman, Sorabji, Harish Salve, L Narsimha Rao, MN Krishnamani, V Shekhar, Dushyant Dave, Anil Desai, KN Bhat are some of the Senior Advocates in Sup. Court to name a few, who are appearing regularly with me/us and who can stand for us for our cause. But the Union/ Assn. has to take steps first, having locus by virtue of representation of members/ pensioners. An early step would be in the interests of older/infirm/ unwell of the pensioners to enable them to reap the fruits from efforts in their respective life time.

In the light of the above, I solicit your response- Sri P Mohan garu.

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d s murti

[mohan p]

Dear Sri.Srinivas Murti,

                                                      You have reproduced here an individual.s views(let it be advocate or not ) on initiating legal action by AIBRF against IBA to secure bank retirees all pension related demands.

                                                    The background of issuing the latest circular by AIBRF  is also known to us very well which is based on  recent judgment in Hon.SC in CA 1123/2015   .General Secretary,AIBRF has already clarified on those points  in detail, as well as on exploring the possibility of legal recourse in appropriate manner.

                                                     AIBRF views are crystal clear and retirees need not have any apprehension on those views.

Quote:

"Today the most important issue for us is to approach courts with the prayer that bank retirees are also entitled to get benefit of liberalised pension as per the decision in Nakara case and as implemented by Pay Commissions. We have to concentrate and put our full weight on this aspect. AIBRF has been working on this aspect at organisational level and also on legal forum in consultation with senior lawyers. "

                                                    Under this background,the individual's view , communicated to you,is to be treated as  his own personal opinion and I do not concur with such views on instant legal actions by organisations. 

As you know,our retiree friends under AIBRF from different banks are already fighting for 100% DA neutralisation to pre 2002 pensioners,of which one case  is before Hon SC at present.Let us wait for the verdict.

                                                     I repeat here,even if we have valid legal points and senior legal experts on our side,it does'nt mean that we should succeed every time,which depends on Judge's  verdict at that point of time. We have such instances too.

                                                      AIBRF is taking all possible steps fully examining the situation and let us support them at this moment.Certainly our issues will be sorted out even if it is delayed.

                                                      

                                                      

                                                     

                                              

[L S RAMAN]

But for the legal initiatives taken by pensioners of some of the Banks the SVRS pensionere would not have received  the benefit of five year addl service, and in fact some of the unions and associations were against the benefit of the five year addl service.

It is surprising the the Pensioners Unions and Associations are still waiting to initiate legal action for thr benefit of their members, even though the members are willing to bear the cost of appeal etc.I have gone on record in this blog that mere contribution of rs 100 by each bank pensioner  could yraise resources to the extent of rs 1 crore, for meeting the legal expenditure, of employing the best groups of advocated..

Any amount of persuasive efforts will not yield results and yhon Supreme Court could only come to tyhe rescue of poor pensioners.

Dr.Raman.L.S.

On Wed, Sep 16, 2015 at 9:04 AM, Srinivasa Murti Devulapalli <devulapa...@gmail.com> wrote:

[MANOHAR SHARMA]

Dear Friends

The delegation of AIBRF under the leadership of the General Secretary S.C.Jain met the Central Minister ( Ex- National President, BJP) at his residence at Nagpur on 12.09.2015 and handed over the memorandum on pending demands of bank retirees.The news published in the

Media :

On Wed, Sep 16, 2015 at 9:04 AM, Srinivasa Murti Devulapalli <devulapa...@gmail.com> wrote:

[bhaskara sarma]

Dear friends,

As per mou dt 29/10/1993,DA must be paid at par with RBIpensioners.But it is not done.Reg 1616-1684 points case already the matter is settled in favour of the applicant pensioner when Supreme court dismissed the appeal of UNITED bank of India..AIBRF has already demanded that the benefit may be paid to all the pensioners.But IBA has not yet implemented it.Since Spreme court Judgement is law of the land it must be implemented immediately.But even after 6 months there is no sign of implementation.Irequest AIBRF through these columns at least to try for implementation of  this judgement by   filing another petition in SUPREME COURT OR HIGH COURT AS THE CASE MAY BE.THE Discriminated pre 2002 retirees will get some benefit  since IBA is turning deaf ear to even SUPREME COURT judgements.

With regards,

P B SARMA.

On Wed, Sep 16, 2015 at 9:04 AM, Srinivasa Murti Devulapalli <devulapa...@gmail.com> wrote:

[thomas vaittadan]

it is reported in the communication from aibrf that there was specific provision for updation  of pension in the agreement of 1993.if someone has the copy of the agreement kindly upload the relevent sections of the agreement for the information of all

On Wed, Sep 16, 2015 at 9:04 AM, Srinivasa Murti Devulapalli <devulapa...@gmail.com> wrote:

[Satyanarayana Rao]

This is to draw the attention of shri Somasekhara on the subject of the response of IBA calling retirees organisations to negotiate and settle pensioners issues by accepting PENSION is right and not as bounty as per Hon supreme court verdict .You are very learned member of the blog could have thrown some light on the response and the attitude of IBA and the betrayers of pensioners who are playing with us ignoring all ethics of the pension regulations and court verdicts.In such a crisis created by IBA and UFBU WE are placed we request you to enlighten us what will be the strategy to tackle the present crisis .

[PM]

Dear Mr.Vaittadan,

                                      Relevant portion of MOU where provision for updation of pension was made is furnished here under for information:

Memorandum of understanding Dt 29th October 1993,between Managements of 58 banks as represented by Indian banks Association

 and their workmen as represented All India Bank Employees Association.

"12.Provisions will be made a scheme to be negotiated and settled between the parties to this settlement by 31st December 1993,for applicability ,qualifying service,amount of pension,payment of pension,commutation of pension ,family pension,UPDATING,and other general conditions etc on the lines that are in force in Reserve Bank Of India"

[bhaskara sarma]

if one goes for google search of 'MOU DT 29/10/1993 BETWEEN IBA AND AIBEA',HE CAN GET THE FULL COPY OF MOU.

On Wed, Sep 16, 2015 at 10:44 PM, bhaskara sarma <pbsa...@gmail.com> wrote:

it is there in pension regulations itself.

[bhaskara sarma]

it is there in pension regulations itself.

On Wed, Sep 16, 2015 at 10:29 AM, thomas vaittadan <thomasv...@gmail.com> wrote:

[Chandrasekaran Venkataraman]

I FULLY AGREE WITH Dr Raman.I Request AIBRF leadership to resort to legal action at the earlist without waiting for any response from managemts or other trade unions
V.Chandrasekaran Retd VRS 2001 PNB

[k n gururaja rao]

Neutraliationn D a for pre2002 case was on SC posted to8/9/15 what is the status?

[NSS]

Sir

The civil appeal was not posted on 08/09/2015. Next date of hearing is not yet announced. Please go to Supreme Court Web Site and under "case status" enter Civil Appeal Number 8420 of 2013 and ascertain the developments.

N.Sankarasubramanian

On Friday, 18 September 2015 15:49:04 UTC+5:30, k n gururaja rao wrote:

Neutraliationn D a for pre2002  case was on SC posted to8/9/15 what is the status?ka