|This refers to " Pension Updation- A View "- an insight into the vexed issue of Rules/ Regulations of of RBI, Banks and LIC - enabling or not enabling grant of updation of pension etc. on their own. (PC : 01-10-2015)|
Dr. Bimal Jalan, former Governor of RBI, granted Updation of pension to pre November, 1997 pensioners: RBI strongly feels and affirms that Regulation 5 of RBI Pension Regulations, 1990 enables it (the Bank) to grant pension updation on its own. It's wordings are clear and not ambiguous. But, MOF, GOI does not think so and does not agree.
RBI Pension Regulations, 1990 are framed based on CCS (Pension) Rules, 1972 etc. and with the previous sanction of GOI. The Government approved some time back (Jan. 2013) for enhancement of family pension to 30% of a ' stepped up pay ' to 2836 index and 20 years of qualifying service for full pension from the date of GOI Gazette Notification. In other words, GOI wants an amendment to Pension Regulations for updating of pension. But, not willing to accept the genuine demand of updation of pension with every pay revision once in five years viz. w.e.f. 1st November,2002, 2007,2012..
The bureaucracy at the Centre considers all other organisations / institutions, autonomous or otherwise, subordinate to it. They play all kinds of games to trap and overrule the submissive. It is learnt that they want the RBI pensioners to accept updation of pension from 01-11-2012, in a ' diluted form'. Reportedly, pensioners,by and large, are ready : better to get some thing than nothing- is not a wrong dictum!
Wonder, why then the MOF not agreeing to grant 'the pittance' by 'merrily' issuing an 'executive order' - notification - to pacify a section of pensioners?
Fortunately, the GOI pensioners have not fallen a pray to MOF bureaucracy/ gimmicks. They. till date, fight to win.
Let us go back to 5 CPC days. What GOI did? Did they amend the pension rules before granting updation of pension and family pension ?
GOI granted updation of pension and 100% DR to pre 1996 pensioners without "Amending" their CCS(Pension) Rules, 1972. Paragraph 12 of Office Memorandum F.No.45/86/97-P & PW(A)-Part I dated 27th October. 1997 of GOI. Ministry of Personnel, Public Grievances& Pensions, New Delhi sanctioning updation of pension says as under :
Formal amendments to CCS (Pension) Rules, 1972 and CCS (Commutation of Pension) Rules, 1981 in terms of the decisions contained in this order will issue in due course. Provisions of the CCS (Pension) Rules 1972 and CCS(Commutation of Pension) Rules, 1981 which are not specifically modified by these orders, will remain unaffected.
Paragraphs 5.1.2 to 5.1.4 of 6th CPC also says that the term pension is not specifically defined...(Rproduced)
5.1.2 The Commission, therefore, had to consider pension and other related issues of all the Central Government employees except those covered under the New Pension Scheme which extends to all the Central Government employees, except those belonging to Defence Forces, as had joined the Government on or before January 1, 2004.
5.1.3 Central Civil Services (Pension) Rules, 1972 regulate pension of Central Government employees appointed on or before December 31, 2003. The employees of Union Territory Administrations and civilian Government employees in the defence services borne on pensionable establishments are also covered by these rules. The term pension is not specifically defined under these Rules. The Supreme Court in the famous judgment of D. S. Nakara Vs. Union of India (AIR 1983, SC 130) had observed that pension is a payment for past services rendered.
5.1.4 The Commission deliberated all the issues relating to pension very carefully because the fate of a large number of pensioners (38.41 lakhs as of 2006) depends on this issue. To get a clear perspective, details of the existing Central Government pensioners who would be affected by the pension and other benefits. [ Railways-10.18 lakhs, Posts-1.58 lakhs, Defence-19.40lakhs, Telecom-1.42 lakhs and Civil-5.83 lakhs = 38.41 lakhs ]
Our leaders have been fighting court cases with LIC Management and GOI, MOF for over a decade for 100% DR and updation of pension. Banks' pensioners have also been denied both. RBI pensioners have succeeded in getting 100%. They may like to fight for what is rightfully due to them.
SN ( a 1992 Pensioner )