Vishwa Alok Chandra ,M.A, LL.B
Ex-Chief-Manager, Central-Bank of India 11/3 Vikas Nagar
Mail- Chandra.valok@gmail.com , Mob-7990841956 Lucknow-226022
Ref-No 2020/48 Octo 31,2020
Smt Nirmala Sitharaman Hon’ble Finance Minister Room No-134 ,North Block New-Delhi-110001
Respected Madam,
Your interview with Business Lines on 30/10/2020
It is a matter of great pleasure for retirees community of nationalised Banks that you have taken a humanitarian view of their plights which were not getting due attention since last 26 years. I am thankful to you on behalf of my retiree’s community.
I trust your good self must have received lacs of letters of pensioners plight, however I am again reiterating in brief for your ready reference and favourable action please.
PENSION –UPDATION
Pension scheme was introduced in Public Sector Banks in 1995 wef 01/01/1986 .The pension regulation 35(1) states that basic pension & additional pension will be updated is respect of those who retired between 01/01/1986 & 31/10/1987 as per formula given in appendix-I . Accordingly updating was implemented. But not afterwards, therefore please ensure its up to date updating.
In a LAND MARK JUDGEMENT , Supreme-Court (Civil appeal No 1123 of 2015 ) decided on 01/07/2015 ie “ Pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, up -gradation of pension is also a RIGHT AND NOT A BOUNTY . The Govt cannot take the plea of financial burden to deny legitimate dues of pensioners.’
Pension is to be revised with every wage revision automatically. There is no need of any separate pension revision settlement. .But IBA did not heed the judgement, knowing well that SC judgements act as court of record in terms of article 129 of constitution of India.
ABOLITION OF SPECIAL PAY
In Xth bipartite-settlement a new concept of SPECIAL-PAY was invented by IBA & UFBU to damage the interest of pensioners & damage Pension Fund. The SPECIAL –PAY component was not to be accounted for terminal benefits thus reducing the Pension , commutation , Gratuity etc and on the other hand no provident –fund was to be deducted damaging Pension Trust Fund .
This concept of SPECIAL-PAY WAS TERMED AS “ILLEGAL ‘ by hon’ble Supreme- Court in (SLP No 20661-20668/2012 , Canara Bank V Savitri Venugopalan on 3/02/2018, ‘ The above system of having two pay scales one for purpose of calculating salary and other one for calculation of pension is ILLEGAL “
FAMILY –PENSION
Abolition of ceiling on family pension
For Central-Govt employees, family income is fully exempted from income tax but for bank employees family income is exempted only 1/3 or Rs15000/ whichever is less..In case of death of employees, family is entitled for 50% of pension till 65 years of age of deceased. This age of 65 was fixed when date of retirement was 58 years. Now the age of retirement is 60 years & govt has changed this age to 67 years. Moreover, Govt has allowed 50% of last drawn pension for 10 years but banks regulations are yet to be amended.
FAMILY PENSION TO WIDOW/DIVORCEE DAUGTER -Family pension is allowed till age of 25 years or up to date of marriage whichever is earlier .Keeping in view the fact that the children complete their studies up to 25 years & then marry .But now govt has removed the upper limit of 25 years but banks are still not amending the clause.
INCREASE IN EX-GRATIA PAYMENT TO PRE -1986 RETIREES -There was no pension scheme for pre 1986 retirees. They were granted Rs 300/ +D.A wef 1.11.1997,which was revised to Rs350/ on 17/12/13 needs reasonable-revision .
COMMUTATION –RESTORATION OF BASIC PENSION.-As per pension regulation, commutation of 1/3 basic pension is allowed to be restored in 15 years. This period was fixed when interest rates on fixed deposits were high, but now interest rates are reduced substantially. Bank recovers this amount in 10-12 years. Therefore commutation of basic pension period should also be reduced to 10 years seeing the trend of reduction of interest rates.
Govt has allowed 40% commutation to its employees; therefore this facility must be extended to Banks.
Regulation 56 of Pension –Regulation -1995, clearly guides that Bank pensioners are to be treated at par with Central Civil Pensioners, they are getting revision of pension / family pension at regular intervals but not Bank pensioners.
PAYMENT OF HEALTH INSURANCE PREMIUM OF RETIREES BY BANK
Ministry of finance, Deptt of Financial Services via their letter F.No14/7/92-IR(Vol-II) dt 24/02/2012 has advised IBA “Banks may consider the option of Group Insurance Policies for both serving & retired employees ......” . But IBA kept pending the matter for 32 months and advised banks on 01/10/15 via their letter no CIR/HR&IR/2015-16/XBPS/J/1413 dt 01/10/2015 “separate mediclaim policy in respect of retirees will be issued on similar terms & conditions as is applicable to serving employees......the insurance premium for retires is also same as is for serving employees “ But Banks changed definition of family to disadvantage of pensioners & very next year premium was more than tripled with creation of two different rates one for retirees & other for in-service employees
Premium for retirees (family of two) was fixed approx 25% more than in service employees consisting of family of six (approx) including two senior citizens as per definition of family by IBA.
This year insurance co was changed and facility of single person insurance was introduced but when it was applied, it was rejected for those, whose spouse is alive, how insurance co is concerned with this fact, why banks are sharing personal information of retirees with them..
In fact insurance co’s pays lucrative commissions for mobilisation of business , retirees are being treated like general public but who is the beneficiary of commissions whether Banks lawfully or extraneous considerations are playing its role ,it is a matter of investigation .
Leave encashment-For pensioners Rs 3/ lac is exempted from income tax at the time of retirement whereas in Govt –Sector entire amount is exempted.
Notional benefit of additional stagnation increment .Notional benefit of additional stagnation increment to officers retired between 01/11/2012 to 30/04/2015.
100% DA neutralisation to Pre -2002 retirees.The officer retirees were getting tapered DA on the basic pension. This anomaly was rectified on May,2005 but this benefit was not given to those who retired before Nov-2002 .This discrimination was in violation of article 14 of our constitution i.e equality before law & equal protection of laws Inflation affects all equally. This classification was unfair & arbitrary. Thus, oldest pensioners are suffering a lot while this was implemented to RBI & Govt pensioners.
Disciplinary –Actions
Permission to allow retired officers of the Bank to defend officers/ retired officers at par with Govt officers &workman, while retired officers can act as Inquiry-officer but not defending officer. In terms of CCS(CCA) Rules 1965, Rule 14(8) (b) “Govt servant may also take the assistance of a retired Govt servant to present the case on his behalf ....”Banks Discipliners Regulations are on the lines of CCS(CCA ) rules 1965 .
It is well known fact that a working officer is always work under undue influence of employer & thus fair opportunity of defence is very much remote thus violation of article 311 of constitution.
Appeals- The authority whose order is appealed against shall forward the appeal with its comments and records to the Appellate Authority. Appellate authority is supposed to think & work impartially otherwise the very purpose of appeal is defeated. The comments of disciplinary authority will naturally compel him to think in a particular angle not independently, thus the very purpose of appeal is defeated. Alternatively, accused must be given the copy of comments in view of principle of natural justice, so he can give his clarification on the comments of disciplinary authority.
Respected -Madam, now it is well established fact, IBA & Unions has failed to protect the interests of banking sector or say national interest .Instead selfish interests are playing a vital role.IBA allows undue delay thus enriching unions funds to the tune of cores of rupees. Arrear levy is unlawful payment which increases with every delay & if settlement is in time, there will be no arrear no levy.It must be declared as illegal.
Deliberations of IBA & Unions are not transparent. Unions are not masters but representative of members, who has never faced free & fair elections .IBA is also a unregistered body not having any legal status to represent Banks, it needs to be dissolved as it is working against national interest & away from its original object.
Banking industry is the backbone of economy in any country , but in India Bank employees are getting worst treatment in the hands of IBA .IBA never places the facts before Govt in a rational manner .It is true that viability of banks is in danger due to NPA/Frauds amounting to lacs of cores rupees due to high handedness of few senior executives while innocent Bank employees are discharging multiple duties like regular banking , implementation of govt sponsored schemes& selling of insurance products , gold bond etc .No social service organisation can earn profit but it runs on budgetary support.
Therefore, it will be in the interest of nation/national economy that banking sector is given a respectable servicing conditions to attract suitable young talents. In eighties , personnel’s of other sector use to feel proud in joining banking sector , now the situation is reverse .Kindly intervene personally to protect national economy. It may be in the interest of nation / economy that Pay-Commission like body is appointed to decide wage revision as bank employees. They are also citizens of India & deserve fair treatment in the hands of Govt within the ambit of constitution .Specially retirees has no representation in joint talks .
With due regards.
Yours –Faithfully
Chandra.va
(Vishwa Alok Chandra)
CC-Deptt of financial services
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