"Supreme court of India on 24-8-1993 in the case between All India Judges Association vs Union of Indian (citation no (1993) of sec 288 that when the duties are obligatory no grievance can be raised that they cost financial burden"
This case can be used handily if the issue comes up in the Supreme Court.
HAPPY UGADI GREETINGS!
Kind regards.
C H Mahadevan
From:
S. Ramachandran
Former General Manager, Bank of Baroda,
To
Shri Hasmukh Adhia,
Secretary, Departmental of Financial Services,
Ministry of Finance,
New Delhi -100001.
DEAR SIR,
RE- ILLEGAL ARBITRARY DENIAL OF
1 100%DANEUTRALIZATION TO SENIOR CITIZENS WHO RETIRED FROM THE BANKS SERVICE PRIOR TO NOVEMBER2002.
2.DENIAL O0F FAMILY PENSION AS PAID TO GOVT AND RBI EMPLOYEES
3 DENIAL OF PENSION UPDATION FROM TIME TO TIME AS GIVEN TO GOVT AND RBI
EMPLOYEES WHICH IS VIOLATIVE OF ARTICLE 14 AND16 OF THE CONSTITUTION OF
INDIA.
4.ON GOING 10TH BPS WAGE REVISION AIBOC CIRCULAR NO 2015/18 DATED 18-3-2015
In continuation of my letter dated 24thFeb,2015on the above subject which was delivered to your office on 27th Feb,2015 I would like to state as under.
With reference to the small committee meeting of IBA held with UFBU on 16th March, 2015, it is to be noted with interest that the UFBU has not come out with unanimous details of the meeting held on 16.03.2015, however the constituents namely AOBOA, AIBEA and AIBOC, have come out with conflicting details of the meeting in respect of retirees issues. The AIBOC in its circular No. 2015/18 dated 18.03.2015, has reported as under:
“The demands of DA neutralization / parity in DA for those who retired prior to 01.12.2002, family pension, full encashment of leaves to those who have been compulsorily retired or resigned in the absence of voluntary retirement scheme were also taken up and IBA is positive on these demands. However, they expressed the constraints of financial implications on these issues as well as pension updation. We will continue to pursue these issues”
In this connection, the factual and actual position is as under:
01. The 100% D A neutralization is implemented in Reserve bank of India retrospectively for retirees prior to Nov,2002with effect from Feb2005 and improvement in Family Pension is also implemented in RBI. Our pension scheme is on the lines of RBI pension scheme. When it is on the lines of RBI pension scheme, where is the question of discussing the already settled issue with IBA by the UFBU. The UFBU is betraying the interests of the retirees.
02. With regard to Updation of Pension, Finance Ministry has agreed to sanction, but with a rider of once in 10 years as done in Central Pay Commission, but the RBI employees have not accepted the offer of Finance Ministry and have demanded pension updation once in 5 years as wage revision takes place once in every 5 years. Why such a development has not taken place in the ensuing wage revision talks, why the UFBU and its independent constituents are silent about this.
03 It is reported by AIBOC in their above stated circular that the IBA has said that there is financial implications on these issues as well as pension updation. But it is surprising that the financial implication has not been quantified, without quantification of financial implication, the stand taken by the IBA is not fair and justified. The financial position of all PSU banks and pension fund position is available with the IBA and UFBU and its constituents, the only question in is dark is financial implications. Let the IBA and UFBU carry out cost of financial implications, and then decision can be taken. But the total amount available with all PSU banks in pension fund trust account excluding SBI and IDBI banks is to the tune of Rs. 1,13,545.62 Crores as on 31.03.2014.as given in my letter to you referred to above. Hence according to me question of financial constraints does not arise
04. It is reported that one of the Mumbai based leader of one of the constituents of UFBU isspreading the news that the Updation of pension may not be possible and the small issues like, 100% DA neutralization and improvement in Family pension would be possible. These small issues which this leader is touching already implemented in RBI and spreading the rumours like a traitor at the cost of retirees.
05.In the matter of 100%D.A neutralisation to retirees prior to Nov.2002 i may draw your kind attention to following court judgements.
A)Madras high court judgement dated 14th dec,2012 given is favour of bank employees.While delivering the judgement the court has quoted supreme court judgement between D.S.Nakara vs Union of India 1983.Even after the above court judgement banks continue to deny 100%DANuetralisation to and unions continue to beg the IBA for 100%DA Neutralisation.This raises doubt in my mind whether the union leaders are aware of S.C.judgement of 1983 quoted above.
In another Supreme court judgement DATED 17TH Jan,2013 in the civil appeal no 8848-8849 0F 2012 between Kallakkurdi Taluk Retired official association Tamil nadu etc VS STATE OF TAMIL NADU ,In this case the case govt was paying different DA rates to pensioners retired prior to 1-6-88 from who were retired on or after 1-6-88.This case is just identical to case of bankers who are denied 100%DA Neutralisation .
The judgement delivered in the Division Bench of Supreme Court stating that the GOVERNMENT ORDER of the state govt issued in 1988 is in violation of Article 14 &16 of Indian Constitution. Further HON ‘BLE judges have stated “it could not discriminate between one and another ,while calculating the pension payable to them.” Supreme Court says the purpose of adding component of dearness pay to wage for calculating pension the effect of inflation.
Supreme court of India on 24-8-1993 in the case between All India Judges Association vs Union of Indian (citation no (1993)of sec288 that when the duties are obligatory no grievance can be raised that they cost financial burden
B)kolkatta HIGH COURTWPNO 507OF 2002 Judgement dated 4TH March,2015 which is given in favour of the employees of united bank of India.
All the above judgements do not leave any logical scope for IBA AND OR GOVT to deny 100%DA NEUTRALISATION for bankers who have retired prior to Nov,2002
6. Lastly I find that UFBU have not raised the issue of 2nd pension option to left over bank employees i.e resignees and crs which should be considered
7.From the above you will observe that IBA is raising all unwarranted and irrelevant queries in the matter of pensioners issues with UFBU which UFBU is also not forcefully turning down /disagreeing with IBA. In view of this only in my last letter to you i had suggested to you that all pension issues should be discussed with the pensioners and their associations instead of UFBU AS THEY ARE NOT ABLE TO UNDERSTAND AND APPRECIATE THE HARDSHIPS FACED BY THE RETIREES.
In view of the conflicting and disturbing stands taken by UFBU and IBA, I request your intervention for doing the justice to the retirees who are senior citizens of the country in their evenings of lives.
Yours faithfully,
( S Ramachandran )
Supreme court of India on 24-8-1993 in the case between All India Judges Association vs Union of Indian (citation no (1993)of sec288 that when the duties are obligatory no grievance can be raised that they cost financial burden
B)kolkatta HIGH COURTWPNO 507OF 2002 Judgement dated 4TH March,2015 which is given in favour of the employees of united bank of India.
All the above judgements do not leave any logical scope for IBA AND OR GOVT to deny 100%DA NEUTRALISATION for bankers who have retired prior to Nov,2002
6. Lastly I find that UFBU have not raised the issue of 2nd pension option to left over bank employees i.e resignees and crs which should be considered
7.From the above you will observe that IBA is raising all unwarranted and irrelevant queries in the matter of pensioners issues with UFBU which UFBU is also not forcefully turning down /disagreeing with IBA. In view of this only in my last letter to you i had suggested to you that all pension issues should be discussed with the pensioners and their associations instead of UFBU AS THEY ARE NOT ABLE TO UNDERSTAND AND APPRECIATE THE HARDSHIPS FACED BY THE RETIREES.
In view of the conflicting and disturbing stands taken by UFBU and IBA, I request your intervention for doing the justice to the retirees who are senior citizens of the country in their evenings of lives.
Yours faithfully,
( S Ramachandran )