Ammendment of PSU Banks Pension Regulation is necessary for retirees Updation of pension.

[Debasish Mukherjee]

After submission of report by the Parliament Committee who submitted report after visiting Bhubaneshwar and Kolkata also mentioned there is no provision of updation in the Pension regulations. Hence it is certain that unless ammendment of Pension Regulation is made updation of pension cannot be possible. For ammendment of Pension Regulation the Banks cannot move without instruction from the Finance ministry/DFS. If Finance Minister is indeed serious for the Bank retirees pension updation why the Finance Minister & DFS not instructing the Banks for ammendment of Pension Regulation? We should take up with the F.M.and urge to ensure speedy ammendment of Pension Regulation by the Banks.

Debasish Mukherjee.



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[mohan p]

Dear Friends,

01.At the outset let me clarify  that amendment of Bank Employees Pension Regulation is not a preliminary requirement  for sanction of Updation of Pension by MOF/GOI, to bank retirees.

02.Once an agreement is reached on updation of pension and its formula etc,  based on consensus arrived between  IBA and employees /officers associations a formal proposal need to be submitted to MOF by IBA  for their approval.On sanction of the same BEPR will be amended by each bank's board,accordingly.

-Please note that RBI employees pension regulations,1990 didn't have any clause on updation of pension till they implemented the same in 2019.

03.In the case of recent enhancement of family pension, too only after getting accord of sanction amendment of EPR may carry out.( we have seen N.O.C of MOF) Even the disbursement too be made  by banks, subject to amendment of pension regulations.

04.Even in the matter of increase in DA on half yearly basis, corresponding amendment in EPR is made at a later date by banks though we get DA as per AICPIN-IW of past quarter,  w.e.f 1st of next month,subject to amendment of EPR.

So amendment of pension regulation is not a hurdle or pre condition  to grant pension updation

05.It is fact that Bank Employees' Pension Regulations,1995 does not provide  for updation of pension, as and when bank employees wage revision takes, place at industry level once in five years.

( AIBPARC always quote on Regulation 35(1) ,in fact which is not meant for updation of pension as and when wage revision takes place.Karnataka High Court has dismissed a

Writ Petition filed by CBROA on this issue.(WP/48905/2018.Since Appeal has filed )

We could witness indications for delay now.

06.The  case filed by late Mr.

M C Singla and others v/s Union of India on updation of pension ,before Punjab and Haryana High Court, Chandigarh(LPA789/2013.) is based 

on clause No.12  among others, under pension settlement, 1993 .Above case was lost,and the appeal is now pending before Hon.Supreme Court which came up for hearing on 20th Jan 22.(SLP5561/2016)

-When the above case came up for hearing before SC, on 1st Oct 21,counsel for the petitioners has sought for

adjournment of four weeks anticipating IBA,  Sub.Committee' report on updation of pension!Apex court has granted two months time instead of one month sought for!

-After eight weeks, when case came up on 29th Nov 21, IBA didn't give any status report,knowing fully well that the committee itself will be reconstituted!

-We know what has happened on 20th January'22 before Apex court.IBA has sought three months time!

Let us not hope  much on report of IBA ,to be submitted to court.It may be positive or negative.

( Meanwhile, AIBRF  has given a misleading version on this aspect as"preparation of report by committee of IBA have now become sub-judice and under direct scrutiny and monitoring of supreme Court"!! 

Let the petitioners conduct the case in appropriate manner, who were doing it from lower court to SC for the past several years. 

One thing is certain that, IBA may drag the issue for further period for one reason or other.

 

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[Parvatam Veera Bhadra Swamy]

Yes Debashish ji,  what you said is true and correct. 

I heard that  we lost many court cases due to this lacuna. 

Our retiree associations should meet our beloved FM and request for amendment in pension regulations after budget as she will be very Very busy with budget these days.

Pvbswamy 

[Parvatam Veera Bhadra Swamy]

Yes, I agree with you sir and they may push it for next bipartite and inform the court that the Pension updation is under process and will be negotiated along with the wage revision. 

This process of bipartite negotiations takes atleast 2 to 3 years.

We may expect the Pension updation if at all considered and agreed by both parties, we may get pension updation by 2025 that too prospective date only.

This is my personal view sir, seeing the attitude of iba.

If our beloved FM takes personal interest,  then it may happen wef from April 2022 also.

Pvbswamy 

Pvbswamy 

Pvbswamy 

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[NSS]

Friends

Amendment to Pension Regulations takes place after a decision is taken / agreement is reached for introducing change /improvement in the scheme and not the other way around.  Pension scheme itself was agreed upon and subsequently Regulations were adopted. Once Regulations are amended, the amended scheme has to be implemented. For example the recent improvement in Family Pension was first approved by DFS and the Regulations were amended/ are to be amended subsequently.

The following information which is not related to the subject under discussion may be of interest to pensioners. Any Law, Regulation or Rule which violates the Fundamental Rights guaranteed in the Constitution is treated as having not existed ever. Discrimination in the payment of 100% DA to one set of pensioners should have been held as violation of Article 14 of the Constitution by the Court. Had this happened the pre Nov 2002 pensioners would have got arrears of DA from  2005.

Regards

N.Sankara Subramanian