A) Central Government, State Governments, Railways & Defence pensioners issues:
The much awaited 7th CPC is constituted with Justice Ashok Kumar Mathur as Chairman, Ms Meena Agarwal, Secretary, Mr Vivek Rae, full time member & Dr Rathin Roy, parttime Member. 2 years time is granted. Govt notification says effective date as 1/1/2016. AIFPA says there is no rationale to think of 50% merger when the DA/DR has already reached 100% & so, Govt must order merger of 100% DA/DR with Pay/Pension before the 7th CPC begins its task. Will the 7th CPC address itself to resolve issues not settled by National Anamoly Committee ?
- Will 7th CPC rectify the injustice & remove the discrimination in 6th CPC ununiform recommendation of the multiplication factor?
- Will they do justice to those born on the 1st of the month who are superannuated on the last day of the previous month causing loss of 1 month pay & allowances that affects their Pension?
- Will the entitlement of the increment to those born on 1st July be allowed deleting the irrational & redundant condition of being on duty to receive it when the entitlement is already ensured with the completion of 12 months ?
- Will the 7th CPC provide for Alternate Dispute System or Arbitration to settle Anomalies expeditiously to avoid time-consuming expensive judicial remedy & reference to the inert & ineffective National Anomaly Committee?
- Will the CPC recommend full parity between past & future retirees to fulfil the aspirations of the pensioners?
- Will the structure of pension/family pension, commutation etc be made rational?
- Will the CPC recommend restoration of commutation after 12 years as recommended by 5th CPC ?
- Will CPC fulfil the aspirations of the exservicemen’s OROP demand pending for long, not prospective, but retrospective?
a) UFBU & constituents, RBONC of officers, state ruefully that when a case came before the HC, Madras, it was stated that banks have no profit to pay the bank retirees 100% neutralization of DR & argued that if the prayer is granted, the Banks will go bankrupt.
Does anybody accept the averment ? The total wage bill of entire 8 lacs employees of the public sector banks for the year 31/3/2012 was Rs 56,000cr. But Rs 38,000 cr were provided from Profits towards bad loans in addition to actual write-off of Rs27,000cr. - a total of Rs 65,000cr. Employees demand of 30% is Rs 16,800 cr per annum ie Rs 1400cr per month again to be borne by member banks for all participating members after a lapse of 5 years, how can it be a burden, GS, RBONC asks. The banks employ this funds & earn profits, it is already more than a year passed.
Strange but true, profits of banks are on the rise only. Despite unfavourable economic scenario, banks profits have gone up considerably. Gross profit of PSBs other than IDBI Bank, went up from Rs41,500cr Rs74,220cr & to Rs 1,16,458 cr in 2012-13, while Net Profits was Rs 19,680cr in 2006-07, rose to Rs38,225 cr in 2009-10,& jumped to Rs48,700 cr in 2012--13. Why deny rightful demands of employees/retirees? Our path—Right path; Our Demands –Right Demands.
MOF/UOI are out to denounce & denigrate the Services & Financial sector who are real Kamadhenu to Govt.
b) Re 100% neutralization of DR for bank retirees to those retired prior to 31/10/2002, as MOF accorded permission to grant relief to those retired on or after 1/11/2002 on IBA recommendations as a result of 8th Bipartite Settlement entered into between IBA & UFBU, but the disbursement of arrears thereof effective from 1/5/2005. Post 1/11/2002 get DR at 100%, on par with employees but pre-31/10/2002 continue to be paid at old slab rate at great continuous loss. Chennai HC declared it as discriminatory. SBI management has also sought IBAs permission to pay DA to retirees at 100% neutralization. RBONC has written to MOF/UOI to issue necessary guidelines for DR at 100%to all pensioners retired before 1/11/2002.
It may be recalled that the HC of Karnataka, Bangalore has ordered SB of Mysore to pay Rs 10,000 to each of the petitioner numbering 129 upon RBONC taking up with the Hon Chief Justice.
c) Updation of pensions is one among the demands of the bank retirees for long. This has been given to employees of RBI, there too truncated.RBONC has sent a copy of Memorandum of Settlement dt 29/10/1993 between management of 58 banks under IBA & workmen. Preamble, it is stated –“the pension scheme agreed was to be broadly on CG/RBI pattern, details of the scheme were to be worked out.” It is imperative that updation shall be extended to retired bank employees also when it is granted to government employees effective from 1/1/2006 if not from 1/1/2006, atleast from 1/11/2012.
d) 5 sessions were held by IBA with UFBU. RBONC has called upon IBA to invite retirees organization, UFBRO at the earliest. All issues were almost settled by Courts but Banks/I BA/UOI are dragging the matter of implementation by spending public funds besides delaying the rightful dues to the retirees who are in their 70s or beyond. Upto now, IBA has offered 10% rise, bank workmem went on strike. 3rd March talks to resume. In all the sittings so far there is no reference to issues pertaining to retirees. It was agreed that the superannuation part is outside the total quantum of funds & the issues are to be taken up separately.There is a catch here ,as the rise in pay to be offered will be not on gross, seemingly higher & hence the outlay may be far less not to give adequate benefit demanded by UFBU.
e) Dismissed/Removed from service employees to get pension,as earlier they could not submit option letters as they were under punishment of dismissal from service then. However on appeal to Appellate authority or through Court decisions, the dismissed employees have been reinstated. Govt has cleared the issue & IBA has advised banks that such employees can benefit, opt for pension now, on the terms & conditions provided in Settlement dt 27/4/2010, vide IBA Circular dt 6/1/2014
C) LIC Pensioners problems, Court proceedings & plans:
i) December 11,2013 : The Punjab and Haryana High Court has made it clear to the governments of Punjab and Haryana, along with the Chandigarh Administration, that they must accept and implement in true spirit and command the judgements that have
Referring to the HC judgement pronounced in 2002 in the case of Satbir Singh versus the State of Haryana on the issue of implementing court orders, Justice Bedi asserted that the directions contained in the ruling and circulated to the Chief Secretaries of Punjab and Haryana, along with the UT Adviser, would be taken into consideration.
Quoting the judgement, Justice Bedi recapped, “Wherever the right of the parties have been settled by a judgement of the court, the state has taken all remedies available to it in law against the judgement even up to the highest court of the land. When the judgement has attained finality, the State must accept the judgement and implement it in its true spirit and command. “The quarters concerned of the government are expected to work out the details in furtherance to the above directions and issue pervasive, but definite, instructions to all its departments forthwith to ensure compliance.”
ii) a) After a wobbled Hon Judge RS Chauhan order dt 13/2/2014, by which CCP 760/2010 is dismissed as withdrawn with liberty to petitioner to file a petition to seek clarification of Hon Judge Rajasthan HC order dt 12/1/2010, now again responsibility has fallen on Sri Asthana’s shoulders to wriggle out & come victorious to demonstrate truth shall atlast prevail. Though it looked temporarily a setback, not a defeat, as all Court orders are intact, now is the time to marshal the best of brains, consult his legal counsel Jaipur, Delhi as also our renowned Sr Counsel, Delhi who won us victories earlier. All these has been done in a hectic & thorough manner.
As Rajasthan HC advocates strike is on, though Sri Asthana has filed a writ already, Registrar will number it soon. Sri Asthana is alert & he will ensure, the case is taken up early. He also has some other plan up his sleeve, which he will unfurl early after giving finishing touches to his strategy.
b) Let us not despair, what has happened has happened. Did we not see SC Bench itself gave a vague order dt 14/11/2011 & only on 17 Oct 2012, almost after a year, SC gave a clarificatory order – retiral benefits from the date of eligibility. With a terse 4 line LIC Affidavit, only touching Board Resolution, that too highly imperfect & incomplete, other points raised by Hon Judge earlier, were never replied, complied or included in LIC affidavit. More so with an exhaustive, commendable Counter Affidavit by Sri Asthana, it was taken for granted, LIC will be crucified & pensioners can see some end to their woes. Everything ultimately depends on planetary position, it seems & Dame Luck too in todays judicial sittings & environment. Newspapers reporting Judges scathing remarks when they pass terrific accusations about Govt, its functioning, in Sahara case, when they said – we can go to any length to find out what went wrong & ordered arrest warrant. Actually, we pensioners deserve such a fitting rebuke to LIC by Courts & an unqualified praise for aged but fighting pensioners with tremendous will power & patience. They are sitting like Patience on a monument smiling at grief.
c) There appears to be a Samaritan in esteemed CJI Sri P. Sathasivam who accepted that they went beyond ordering freeing Rajiv Gandhi’s killers & they need not have uttered anything about remission. Indeed it is hard to find such a noble CJI, it looks to me. Will he stand the cruel fate of LIC pensioners, with 9 Judges in our favour, with 3 HCs & SC guidelines, LIC SLP dismissal, NO STAY order dt 30/9/2013, we thought it was the end of the tussle. In retrospect, we feel how unlucky we pensioners are, as that auspicious day 8/8/2013 also ended in a fateful day when SC Bench, to us, unnecessarily went against Civil PC, condoned such an unpardonable delay of 6 months 23 days & lo, baby SLPs were born tagged on to Civil Appeal, on which in every RTI reply LIC quotes & misquotes !! We are clenching our fist, we are crushing our teeth in anger, as after 3 victories including an appeal & a review, as per National Litigation Policy, LIC/UOI should have lost & we pensioners could have celebrated
d) So, last 12/13 days, I worked hard to prepare Memorandum & Appeal to Sri RAGA with enclosure Synopsis & Note to RAGA. Endless phones to President Sri SK Shukla, GS Sri VCJain, Dy GS Sri D.D.Gupta at Delhi. Flash replies from Leeds, London from Sri Anand Tyagi with powerful leads given, oral reminders galore, tired but we have to retyre at this age. We have hopes of face to face meet with RAGA.
b) Let us not despair, what has happened has happened. Did we not see SC Bench itself gave a vague order dt 14/11/2011 & only on 17 Oct 2012, almost after a year, SC gave a clarificatory order – retiral benefits from the date of eligibility. With a terse 4 line LIC Affidavit, only touching Board Resolution, that too highly imperfect & incomplete, other points raised by Hon Judge earlier, were never replied, complied or included in LIC affidavit. More so with an exhaustive, commendable Counter Affidavit by Sri Asthana, it was taken for granted, LIC will be crucified & pensioners can see some end to their woes. Everything ultimately depends on planetary position, it seems & Dame Luck too in todays judicial sittings & environment. Newspapers reporting Judges scathing remarks when they pass terrific accusations about Govt, its functioning, in Sahara case, when they said – we can go to any length to find out what went wrong & ordered arrest warrant. Actually, we pensioners deserve such a fitting rebuke to LIC by Courts & an unqualified praise for aged but fighting pensioners with tremendous will power & patience. They are sitting like Patience on a monument smiling at grief.
c) There appears to be a Samaritan in esteemed CJI Sri P. Sathasivam who accepted that they went beyond ordering freeing Rajiv Gandhi’s killers & they need not have uttered anything about remission. Indeed it is hard to find such a noble CJI, it looks to me. Will he stand the cruel fate of LIC pensioners, with 9 Judges in our favour, with 3 HCs & SC guidelines, LIC SLP dismissal, NO STAY order dt 30/9/2013, we thought it was the end of the tussle. In retrospect, we feel how unlucky we pensioners are, as that auspicious day 8/8/2013 also ended in a fateful day when SC Bench, to us, unnecessarily went against Civil PC, condoned such an unpardonable delay of 6 months 23 days & lo, baby SLPs were born tagged on to Civil Appeal, on which in every RTI reply LIC quotes & misquotes !! We are clenching our fist, we are crushing our teeth in anger, as after 3 victories including an appeal & a review, as per National Litigation Policy, LIC/UOI should have lost & we pensioners could have celebrated
d) So, last 12/13 days, I worked hard to prepare Memorandum & Appeal to Sri RAGA with enclosure Synopsis & Note to RAGA. Endless phones to President Sri SK Shukla, GS Sri VCJain, Dy GS Sri D.D.Gupta at Delhi. Flash replies from Leeds, London from Sri Anand Tyagi with powerful leads given, oral reminders galore, tired but we have to retyre at this age. We have hopes of face to face meet with RAGA.
When you read Bank pensioners tale of woes, delineated above, it is concentrated animosity to prevent any good benefit to percolate to financial sector as such privileges can be enjoyed by Govt employees/ retirees only is their inner urge & decision made up. What a perversion !!
Clock is ticking, even if Courts work, after Election Code is announced, what final order is destined to us, God only knows as another battle will rage at SC corridors. Will they compel us to seek audience & solution as a final arbiter with NAMO is a million dollar question !!
R.B.KISHORE,VP, AIRIEF