LETTER TO HON:CJI BY A PENSIONER

[mohan p]

For information:

[Anantharaman Tg]

I personally feel that writing to CJI or others may not
yield any result, as many of us had already attempted this
and found nothing.

A mere, humble suggestion for the retired officer - he may, along with
other retirees in Mumbai (there will be more,I feel) and
personally call on the IBA Chief and submit the same letter
and convey the plight of the pensioners. And also follow up.


On Thu, 1 Dec 2022 at 09:04, mohan p <moha...@gmail.com> wrote:
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[mohan p]

Dear Friends,

Unfortunately it is a vicious circle.

When we represent any common demand of retirees to our own banks our experience is that they may direct us to IBA, the so called voluntary association of Banks. 

IBA has already expressed their stand on retirees issues, clearly on their web site with their own reasons as follows:

"May take up their grievances against banks/ make enquiries/ seek

information about banks directly with the concerned bank, without involving

IBA; and

-

It may not be possible for IBA to entertain or

respond to such

communications,

which please note"

While we appeal to final authorities- Hon.PM/FM/MOF/ they will have same answer which we often hear from MOF/FM in parliament. IBA and Unions may decide retirees demands arriving on consensus.

Legally we have fought good number of cases and succeeded in many.

However we have lost in DA case in Apex court and Pension Updation case in P&H High Court also.We are now fighting the above lost case in Apex Court.(SLP(C)5561/2016)

Ultimately IBA & UFBU  have to decide on resolution of our issues,with approval of MOF.

That has not happened till now.

We may say, that the Minutes of Small Committee ,agreement there on and draft pension regulation of 1994  etc agreed on formula on revision as per RBI.The very basis for that is the clause No.12 in Memorandum of pension settlement,of 1993.

Once both are not incorporated in Bank Employees Pension Regulations,1995 how can we say that IBA/MOF is wrong in saying that 'there is no provision for updation of pension in PR,1995'.?

It is the fact.

However, I do not have a view that only on that point we are not getting revision of pension.

Instances of RBI pension revision in 2019  and improvement of Family Pension in 2021 in banks are before us.Were there any provision in Regulations prior to that? Answer is- No

I think, even the concept of revision of pension along with every  Salary Revision came to retirees mind only after it is found  implemented for central/state govt pensioners few years back.It is also not as per CCS pension rules. It is based on recommendation of 6th CPC.

In RBI also revision of pension took place in 2019 that too  up to year 2012,and not as and when wage revision takes place.

It is certain that by writing letters we may not get revision of pension.

Still retirees as well as Retrees Apex oganisatons too write to all authorities!

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[Parvatam Veera Bhadra Swamy]

Hi,

What you said is perfectly true and correct sir. This is the reality of retirees in banking sector. 

I feel the only way is to pursue our own ufbu and get it done through them only by hook or crook. This is only way left for us, as there are no hopes of getting any favourable judgement in MC single case as we have already had a bitter experience in the case of 100% DA neutralisation case which very deserving and genuine demand.

Unfortunately our lawyers might not have been able to explain the process of DA increase in banks.

Any way let us hope for the best. 

Pvbswamy 

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[NSS]

Friends

IBA and Banks are denying updation in violation of the agreement reached in the Small Committee. At the time of signing the Minutes and the Draft Pension Regulations, RBI Regulations also did not have provision for updation. Therefore. the non-availability of  updation clause in the Regulations did not cause any concern. Banks and IBA should have included the updation clause in the Regulations once RBI allowed updation. 

Pension Settlement 1993 and the Minutes of the Small Committee were entered under Industrial Disputes Act. Clause number 14 of the settlement is extracted below. 

"The terms and conditions hereof shall continue to govern and bind the parties until the Settlement is terminated by either party giving to the other a statutory notice as prescribed in law at the material time."

As Banks /IBA have not given any notice terminating the Settlement, the agreement relating to updation and DA as per RBI formula are still binding on the Banks. We can enforce the agreement through Court of Law.

N.Sankara Subramanian 

[JSOMA SHEKARA]

Pension rules for the Govt employees are framed by the government and benefits are as per recommendations of Pay commissions.

Whereas for Bank pensioners pension benefits is based on agreement between Unions and Banks , represented by IBA.  So, DFS, PM, cannot interfere and issue unilateral orders. Such an action by DFS will be strongly protested by Unions as an attack on the bilateral system. Only an agreement between UFBU and IBA  will resolve our updation issue and no third party can help us. Unfortunately when resolution of pending issues, mainly updation should be a priority, AIBEA is diverting  by raking up many other  issues like issues of private banks and claiming all issues are resolved.

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