Dear Members,
A recent discussion raised a pertinent question: "If the DA/DR rate percentage is the same for everyone within a settlement period, where is the illegality?"
It is vital that we do not let this technicality obscure the financial reality. The discrimination we face today is not in the Rate (the percentage), but in the Formula (the principle) applied to it. We are witnessing the creation of a "Pension Apartheid" based on an arbitrary cutoff date of November 1, 2022.
Here is the breakdown of why this is legally unsustainable and financially damaging:
1. The
"Base Year" Wall (1960 vs. 2016)
The 12th Bipartite Settlement introduced a structural split:
2. Rate
vs. Yield: The Financial Truth
Arguments that "the percentage is the same" are a sleight of hand.
Furthermore, the IBA-Unions Minutes of 8 March 2024 have already acknowledged the need to merge CPI up to 8088 points for pre-November 2022 retirees. This commitment has not been implemented.
The table below illustrates the monthly pension received by retirees from different cohorts on a basic pension of Rs. 10,000 (February 2026 estimate).
|
Retiree Cohort |
Base CPI |
Formula Type |
Est.Total Pension |
Monthly Loss |
|
7th BPS (Pre-2002) |
1684 |
1960 Base / Tapering |
₹ 12,049 |
- ₹ 3,100 |
|
9th BPS(Pre-2012) |
2836 |
1960 Base / 0.15% |
₹ 13,619 |
- ₹ 1,530 |
|
10th/11th BPS |
4440 |
1960 Base / 0.10% |
₹ 14,958 |
- ₹ 191 |
|
12th BPS (Benchmark) |
2016 Base |
New Unitary Formula |
₹ 15,149 |
Benchmark |
As you can see, the 7th BPS (pre-2002) retirees are the worst affected.
4. The
Constitutional Violation
This "Class within a Class" distinction violates the core ratio of
two landmark Supreme Court judgments delivered this year:
Our Stand
The cutoff date of Nov 1, 2022, has no "rational nexus" to the
objective of neutralizing inflation. Inflation does not check your retirement
date before hitting you with 'equal force'.
We must shift our demand from "hikes" to "Parity in the Measuring Tape." If the 2016 CPI series is the industry standard for measuring inflation, it must be the standard for all pensioners. Anything less is not just unfair—it is now proven to be unconstitutional.
Let us urge our Unions to file a representation demanding the immediate migration of all pre-2022 retirees to the 2016 CPI Base, citing the Vijayakumar precedent.
Regards.
Dear Members,
As a follow-up to my previous mail, I would like to draw a connection to the letter from Shri Girish Chandra Arya (BMS), which was posted in this group by Shri P. Mohan ji on April 19th.
On April 15th, Shri C.N.Prasadji raised this question:
In Banking Industry, two different rates of Dearness Allowance/Relief are not in existence. That being so, how can we apply the Judgment of Hon'ble Supreme Court in KSRTC pensioners issue?
In many ways, that BMS representation serves as the perfect answer to the question raised by Shri C.N. Prasad ji regarding how the Vijayakumar (KSRTC) judgment applies to us.
Shri Arya’s letter brilliantly deconstructs the "Base Year" disparity, proving that being stuck on the 1960 index is a structural disadvantage that costs us real money every month. My analysis resulted from synthesizing the legal principles of the recent SC judgments with the technical data provided in the BMS letter.
I realized after hitting "send" that I had not explicitly credited that letter. I must thank Shri Girish Chandra Arya for the "enlightenment" (to use a favorite group term!) on this matter.
It is encouraging to see that the arguments we are discussing here are the same ones being presented to the Hon'ble Finance Minister. It validates our stance that the "Base Year" split is the new legal frontier for bank pensioners.
Regards.
Your argument is forceful and structured, but it mixes strong financial reasoning with legal claims that need a bit more caution. Here’s a clear evaluation—what holds up well, what’s debatable, and where the case could be strengthened.
This is the strongest part of your argument.
You correctly point out that:
In economic terms, you’re highlighting a denominator problem—two people can get 25%, but if their base indices differ, the effective inflation compensation diverges.
Your illustration of loss (₹3.89 per ₹100) is plausible in principle, though it would need:
👉 Bottom line:
Financial discrimination via formula, not rate, is a logically sound claim.
The phrase is emotionally compelling but could weaken your case in formal settings.
👉 Suggestion:
Reframe as:
Same point, stronger legal credibility.
Your core legal claim hinges on Article 14 (equality).
Indian constitutional law allows classification if:
Your claim:
Inflation affects all equally → no rational basis for cutoff
That’s persuasive—but not airtight.
Likely counterargument from the employer/IBA:Courts have historically:
👉 Bottom line:
Your argument is arguable, not “proven unconstitutional.”
You cite:
These are presented as:
That is a very strong claim—stronger than most established jurisprudence.
Historically:
👉 Risk:
If these cases are:
then your legal argument could be challenged quickly.
👉 Recommendation:
This line is compelling:
Inflation does not check retirement date
True in economics—but courts may respond:
👉 However, your counterpoint is sharp:
If DA/DR’s purpose is inflation neutralization, then:
This is where your argument has real legal traction.
Your comparison table is effective rhetorically.
But for legal or negotiation purposes, it needs:
Otherwise, it can be dismissed as:
“illustrative but not authoritative”
If the commitment to merge CPI up to 8088 is accurately recorded, this is one of your best points.
Why it matters:
👉 This is more powerful than constitutional rhetoric in negotiations.
Push the “same purpose, different method” contradiction
Same DA purpose + different CPI systems = irrational design
Your central thesis is solid:
The issue is not equal rates, but unequal measurement of inflation.
That’s a legitimate and potentially strong challenge.
But the leap from financial inequity → constitutional violation needs tighter legal grounding before it can succeed in court.
We wish to invite a reference to the letter number two thousand twenty - two thousand twenty two/428 dated 25.07.2020 written by AIBRF to you suggesting merger of DA into basic pay at 6352 points to arrive at new basic pension for all the seven Groups of retirees and leave the demand of updation proper to the next settlement. This proposition is fraught with inconsistencies and the following risk.
A. Mere merger of DA as it is without following uniform de-neutralization entailing no cost as suggested by AIBRF gives no comfort or no relief to the pensioners hence not acceptable to us. pension updation though a statutory
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Dear Shri Somashekaraji,
You have touched upon the ground reality.
I agree that rushing to court for every new grievance is not always the answer. We have been waiting 18 years for a final "Yes" or "No" in the Singla case. Given our age, we simply do not have another decade to spare.
However, considering the current mindset of the IBA and UFBU, expecting a solution solely through "amicable negotiations" feels like a blind man in a dark room looking for a black cat that isn't there. For years, the "merger at 8088" has been a promise on paper but a phantom in practice.
We use this forum to empty our minds—overflowing with arguments, debates, and frustrations. But as we age, there is a certain wisdom in the thought: "Be content with what comes of itself."
As Mr. Ramachandran Bella rightly pointed out, we must remain forever indebted to the stalwart individuals, like the late Mr. Singla and others, who fought lonely battles for collective benefits and gave us the leverage to negotiate in the first place.
Until the "black cat" is found, we continue to share our thoughts here.
Regards.
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Dear Members,
I wish to thank Mr. K.N. Ramani for his brilliant case study. It mathematically exposed the "optical illusion" that we must all be wary of.
His calculation proves a terrifying reality: A "Merger at 8088" without shifting to the "2016 Base Year" is financially worthless.
The Math of the Trap:
The
Strategic Conclusion:
Mr. Ramani is absolutely right—this financial gap is precisely why the IBA
resists the shift. They know that keeping us on the 1960 series saves them
roughly ₹1,500 per pensioner per month.
We must stop demanding "Merger" in isolation. A merger on the old formula is a hollow victory. Our demand must be "Merger PLUS Migration to 2016 Base." Anything less is just accounting jugglery.
Regards.
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