Most of the points raised in the article of Mr Anonymous are the same arguments advanced by the DFS-MoF in its Speaking Order dt 23/10/2009 viz
1) Judgment of the SC in Nakara Case is not applicable to Bank/RBI Pensioners
2) CCS Rules 1972 & 1982 are not mutatis mutandis applicable to Bank/ RBI Pensioners.
3) Updation applicable Central Pensioners only and not for others.
4) RBI/Bank Pensioners are governed by separate Service Regulations and therefore they are not allowed cherry picking the best of other services.
5) The model of the scheme on the pattern of another scheme does not construe that as and when some amendments are carried out in the scheme modeled, similar amendments need to be carried out on the scheme modeled there from.
6)Financial burden will increase over and above 10%
7) The employees of RBI, which is a statutory body cannot be equated with the employee of the Central Government, in respect of pension, because pension of the RBI employees is governed by the Regulations framed under the RBI Act (opined by Ministry of Law)
8) IBA has informed ," There is no provision in the pension regulations of PSBs for updation of pension of past retirees."
9) Updation of pension may result in an increase between 17% to 32% depending upon the date on which the employee had retired."
MoF took such a hostile stand against RBI/PSB Pensioners mainly on the reason that they opposed implementation of the NPS (New Pension Scheme) even though NPS was made applicable to the Central Staff wef 1/1/2004.
Having accepted NPS in PSBs (wef 1/4/2010), all the above narrow views/interpretations of DFS lose its significance, relevance and meaning as the same MoF has granted 100%DR Neutralization, Family Pension Improvements on the 6th CPC pattern and also Full Pension for 20 Years service, again a benefit recommended by the 6th CPC! MoF has also in principle has agreed to consider Updation Issue and this has been confirmed by the present Governor Dr Raghuram Rajan. Hence, repeating the same old story now is absurd!
1) It is an affront to the Honourable Supreme Court to say that its Five-Judge Bench Historical Judgment in the Nakara Case is only selectively applicable to the Central Pensioners only! Nowhere in its Judgment have the Judges made any such mention of "exclusivecity" to a select category alone!
Is not the Government that advocates "CHERRY PICKING in best of the services is not allowed" estopped from making such "judicial cherry picking?"
2,3,4 5,7 & 8) Pension Schemes in RBI/LIC and PSBs derive their origin, strength and sustainability from the CCS Rules1972 & 1982 and a reference to the CCS Rules is made in Clause 56 of PensionScheme1995" In case of doubt, in the matter of application of these regulations, regard may be had to the corresponding provisions of Central Civil Services Rules, 1972 or Central Civil Services (Commutation of Pension) Rules, 1981 applicable for Central Government employees with such exceptions and modifications as the Bank, with the previous sanction of the Central Government, may from time to time, determine".
AIBEA's MOU with IBA dt 29/10/1993 Clause 12 says "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, amounts of pension, payment of pension, commutation of pension, family pension, updating and other general conditions, etc, on the lines as are in force in Reserve Bank of India". The Pension Scheme was signed under the ID Act, approved by the Parliament and published in the Gazette of India.
In RBI, the then Governor Dr RN Malhotra assured the Unions that the proposed Pension scheme in lieu of CPF (Management portion) will have all the features and benefits of the Central Pension scheme. In a circular issued on 13th March 1992, RBI stated, inter alia, UPDATION is the UNIQUE feature of the Scheme!
6 &9) Financial BURDEN:
