“Three retirees aggrieved by above observation of Speaking Order have again knocked the doors of court on 24.11.2009 and the court has stayed the implementation of Bank’s circular dt. 10.10.2008 withdrawing the updation already granted to pre-November 1997 retirees as per interim order dt. 27.04.2009.
RBI has filed affidavit on 11.09.2012 raising two points –
1) due process of hearing the petitioners has already been concluded &
2) Bank has forwarded a proposal to Government seeking their approval to amend Pension Regulations to provide explicitly for updation of pension by the Bank and the proposal is lying with the Government.
The association filed a rejoinder to the Bank’s affidavit on 04.10.2012 refuting both the above points. The case was last posted for hearing on 29.10.2012. Thereafter, no action has been taken either by the Government or by the Bank in the matter and case is lying with the Bombay High Court in suspended animation.
The case is not likely to come up for hearing in next few years and pre-November 1997 pensioners will continue to get updated pension as prayed for in the petition as per Bank’s circular of September 2003 due to stay granted by the Bombay High Court.
The effect of all these happenings is that the Pensioners in RBI who have retired before November 1997 have been getting the benefit of increased pension w.e.f. November 2002 but the enhancement in pension due to wage increase in 2002 as per 8th BPS and in 2007 as per 9th BPS has not been given to them and the retirees after 01.11.97 have been totally deprived of any increase in their pension. “
My comments:
In the light of developments as stated above, the affidavit filed by the Govt in 2009 has become irrelevant in the present context, especially considering that RBI themselves have recommended to the Government a proposal for upgradation of pension which is pending clearance by the Central Government. So as opined by Mr Sreenivasa Murty, we need not deliberate much on the affidavit and the points mentioned therein.
With greetings,
C H Mahadevan