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-No2020/62 Dec 23, 2020 Shri Thawar Chand Gehlot
Hon’ble Minister for Social Justice & Empowerment, 201,C Wing , Shastri Bhawan 8-Tuglak Lane
New-Delhi
Respected Sir,
Reg- Bank retirees /Senior Citizens plights pending at Indian Banks Association level due to connivance of IBA officials & union leaders .
Ref- News item in Times Of India dt 22/12/2020 by Ms Ambica Pandit “ Govt focus on “Silver Economy “as number of elders rise .
Kindly refer above noted article in TOI dt 22/12/2020 regarding recommendations of expert group which calls for making senior care both economically viable & an opportunity for economic development .The proposal is being considered by Ministry Of Social-Justice & Empowerment .
I am pained to note here that at one side Govt of India is serious about Senior Citizens welfare , giving them respectable , preferential & concessional treatment for their services to society . But on other side Indian banks Association in connivance with unions is ignoring lawful –rights of Retirees /Pensioners /Senior Citizens of pension updation from their own funds for last 26 years & charging exorbitant Health Insurance Premium in IBA sponsored Group Insurance Policy with the result Retirees/widows are being subjected to die in absence of proper Medical-Facility amounting to capable homicide in-spite of thousands of representations / court cases & govt instructions in the matter .
Supreme-Court decisions are not implemented. In case of lower courts decisions, repeated appeals are made /replies are not submitted / dates are taken etc .Every type of delaying tactics is made to wait for the death of Senior Citizen ,so he can not be benefitted from the court decision at public cost . I think such type of unethical, immoral & illegal approach may not being adopted in any civilised country of the world .
Today Banking sector is reeling under complete state of anarchy . Every other day , citizens of India read a news of multi thousand crore rupees NPA/ Fraud due to high handedness of few senior executives in connivance with corporate . Thus shaking the very viability & profitability of Banks . Instead of punishing the guilty officers, Banks are not making due credits in Pension Trust –Fund in terms of Pension Regulation Act-1995 rather some banks made unauthorised withdrawals / diversions amounting to criminal breach of trust , but till now no executive has been punished . Govt of India is being misguided & proper facts are not being placed on records .Unions are given undue favours . In-spite all union activity is conducted at Banks cost like leave, boarding, lodging & conveyance .High Union subscription is charged & undue delay is made in wage revision settlement to increase wage revision levy which is paid as percentage of arrear .
I am enclosing herein some selected letter for your kind perusal & taking the matter with PMO & FMO for immediate action so as to save helpless dying retirees .It appears that Banks intend to misappropriate their Provident-Fund. In case any other details/ documents are needed, I am ready to provide in person .
With due regards
Sincerely Yours
Chandra.va
Vishwa Alok Chandra
Encl-As above
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 2020/55 Dec 02.2020
Hon’ble Chairman/ Chief Executive –Officer
All Nationalised Banks A case of human rights Violation
Respected Sirs
Reg- (1) Non-performance of Contractual Obligations - Non –Updation of Bank
Retirees Pension in terms of Regulation 35(1) of Pension Regulation Act- 1995.
(2) Infringement of fundamental rights as per article 14, 16 & 21 of constitution.
(3) Non – payment of health insurance premium of Bank retirees in terms of
Ministry of Finance, DFS letter no F.No 14/7/92-IR (Vol-II) dt 24/02/2012.
Pension in Banks was introduced in terms of Section 19 of the Banking Companies (acquisition & transfer of undertaking ) Act 1979 /1980 .Accordingly a joint note was signed between Indian Banks Associations ( IBA) on behalf of management of Banks & Unions on 29th October 1993 for introducing Pension Scheme in the banking industry as second retrial benefit in lieu of contributory provident fund as consideration . The terms of said note was incorporated in the Bank Employees Pension Regulation -1995 & were notified in the official gazette of India by all the nationalised banks on 29 Sept 1995 and by associate Bank of SBI on 26 March 1996. The scheme was introduced retrospectively w .e .f 01/01/1986 , a cut-off date based on whims & fancies of IBA &Unions without any justification
Banks made a invitation to offer to their employees for the Pension Scheme ( scheme was detailed in Pension Regulation Act ) & willing employees submitted their acceptance in writing keeping in view the benefits of scheme . Banks acknowledged their letters and issued acceptance letters to individual employee . Thus making a LEGALLY ENFORCEABLE -CONTRACT in terms of section 3,4, 5,8,10,11,14,of INDIAN CONTRACT ACT -1872 .This contract was irrevocable in terms of regulation 4(2)
Employees complied the terms of contract but Banks violated terms of contract by not updating the pension as agreed in Section 35(1) & 56 of the act & not making obligatory credits in Pension Trust Fund in terms of section 5(3) & 11 ,rather Some - Banks made unauthorised withdrawals AMOUNTING TO CRIMINAL BREACH OF TRUST & FRAUD IN TERMS OF VARIOUS SECTIONS OF INDIAN PENAL CODE& CRIMINAL PROCEDURE CODE.
For the sake of convenience, I am reproducing relevant sections as below.........
Section -4 Option to subscribe to the Provident Fund
(2) The option referred to in sub-regulation (1)and regulation 3,once exercised ,shall be final .
Section 5 -Constitution of the Fund
(1)The bank shall constitute a fund ......under a irrevocable trust within 120 days from the notified date.
(2)The fund shall have for its sole purpose the provision of the payments of pension or family pension in accordance with these regulations to the employee or his family.
(3)The bank shall be a contributor to the fund & shall ensure that sufficient sums are placed in it to enable the trustees to make due payments to the beneficiaries under these regulations.
Section 10. Books of accounts of the Fund.....
(1)The accounts of the fund shall contain the particulars of all financial transactions relating to the funds in such form as may be specified by the bank.
(2)The accounts of the Fund shall be audited in accordance with the provisions of the section 10 of the act.
Section 11 Actuarial investigation of the fund –
The bank shall cause an investigation to be made by an actuary into the financial condition of the fund every financial as on 31st day of March, and make such additional annual contribution to the fund as may be required to secure payments of benefits under these regulation ‘
Section 35(1)-
”Basic pension & additional pension, wherever applicable shall be updated as per formula given in Appendix “
Section 56 Residuary provisions -
In case of doubt in the matter of application of these regulations regard may be had to the corresponding provisions of Central Civil Service Rules -1972 applicable to central govt employees ...”
The result is that a General Manager retired in Octo-2002 is getting basic pension of Rs 10650 while a peon retired in Octo-2017 is getting a basic pension of Rs11893/ infringing fundamental rights in terms of article 14, 16 & 21 of Constitution of India.
Central bank of India, in one of its RTI reply no CO/HRD/RTI/CPIO/2018-19 dt 24/01/2019 has informed.
Type of No of Amt Paid in Average pension per pensioner /
Pensioner Pensioners Dec-18 in lac Family Pensioner
Regular 28332 8425 Rs842500000/28332 =Rs29736.69/
Family 8852 32 Rs3200000/8852 =Rs361.50/
IBA (a facilitator of Banks ) has not advised banks to implement Ministry of Finance , DFS instructions as contained in above noted letter dt 24/02/2012, ( para 2(ii) Banks may consider the option of Group Insurance Policies for both serving & retired employees........”. ) for payment of retirees Health Insurance Premium but engaged Insurance Co & doing business by way of Group Health Insurance Policies & charging exorbitant insurance premium with the result that retirees / widows are unable to pay the premium & subjected to die in absence of proper medical facilities .
Today Banking Sector is reeling under complete state of anarchy , every other day , people of India read a news of NPA/Fraud involving multi thousand cores rupees due to high-handedness of few top executives of Banks thus shaking the very survival/ profitability / viability of banks . This has become the routine matter of our nation involving poor man’s hard earned money. Banks do not provide complete information in RTI queries to protect the interests of fraudsters Junior level officers who do not involve themselves by not following verbal /telephonic instructions of superiors are punished in multiple ways by transfer, lower grading in performance appraisal & disciplinary action on fictitious grounds . Generally career oriented officers becomes easy prey .
Unfortunately Banks Management instead of improving quality of credit appraisal & taking stringent actions against erring officials punishing innocent staff/ retirees by way of damaging their pay-packets in wage revision settlements & non updating of pension .
Budget is decided before wage revision, but never the fact is recorded that reason of declining profitability / loss is not due to employee who are discharging multiple duties regular banking , implementation of Govt sponsored schemes & selling of insurance products & gold bond etc .11/11/2020 was the black day in the history of banking Sector in India when IBA agreed for basic pay of a clerk less than peon of Central-Govt with every successive wage revision servicing condition are deteriorating from bad to worse while NPA/Frauds are increasing .Erring officials has no fear of law. .
Govt of India as matter of policy treats its senior citizens with respect & gives them
preferential /concessional treatment but Banks are subjecting them to die in lack of proper treatment & updation of Pension from their own Pension Trust Funds. Bank retirees are also citizens of India. They deserve to be treated as per provisions of constitution.
Employees / retirees are taking shelter of courts & winning which establishes that settlements done by IBA are either against the interests of members or against the principles of law .
In the end I will like to make it very much clear that updation of pension is as per legally enforceable contract of Bank with individual employees in lieu of PF as consideration , therefore now there is no role of IBA, Unions etc ,. I am sure that Hon’ble Chairman’s/CEO’s being the senior executives are well aware of the provisions of Indian Contract Act –1872 , therefore they must delve deep into the matter & save dying pensions in lack of pension updation & exorbitant insurance premium .It is unfortunate that nationalised banks are shying away from discharging contractual obligations .
Regards
Sincerely Yours
Chandra,va
Vishwa Alok Chandra
CC- Hon’ble President Of India , Chief-Justice Of India, Chairman , Human Rights Commission , PM, Minister of Finance , labour, law & Secretary DFS with request to intervene in the matter immediately to save dying pensioners . Action on below noted mail letters is still awaited
Hon’ble President of India dt 16/09/20, 23/09/20, 25/9/20 , 23/10/20, 30/10/20, 26/11/20
Hon’ble Chief-Justice of India dt 18/09/2020, 26/11/2020
Hon’ble Chairman, Human rights Commission dt 20/10/20 & 13/11/2020.,26/11/20
Hon’ble PM, Minister of finance, law, labour, Secretary –DFS dt 18/09/20, 19/10/20,
20/10/20, 28/10/20, 31/10/20, 08/11/20, 13/11/20 & 16/11/20.26/11/20
Hon’ble Chairman IBA dt 4/07/20, 27/07/20, 17/08/20, 25/08/20, 25/09/20,
07/10/20, 11/10/20, 17/10/20 & 29/10/20 .
Chandra.va
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 2020/49 Nov 08,2020
Shri Debasish Panda
Hon’ble Secretary-DFS
Ministry of Finance, 3rd Floor
Jeevan Deep Building
Sansad Marg ,New-Delhi110001 MOST-URGENT/SERIOUS
Respected Sir,
Rag- Payment of Health Insurance Premium of retirees by Bank.
Ref ;-your office letter No F .No 14/7/92-IR (Vol-II) Dt 24/02/2012 addressed to Deputy Chief Executive of Indian Banks Association (IBA ) Mumbai .
It is serious to note that in-spite of clear instructions in above noted letter “Banks may consider the option of Group Insurance Policies for both serving & retired employees instead of direct payment of benefit from the fund ................Each year the banks may devise the scheme for apportionment of funds with the prior approval of their Board of Directors as per specific need of the Bank “
“It is requested that IBA may take appropriate steps to inform all concerned Banks accordingly “
In other words Govt of India has consented/permitted banks to pay health insurance premium of staff & retirees . But IBA instead of informing to banks immediately, kept it pending for 39 months & devised its own strategy ,violating Govt instructions for the reasons best known to IBA , while IBA claims its status only as a facilitator.
IBA involved trade unions & discussed the issue with them on 25/05/2015 (while retirees are not their members ) and engaged United India Insurance Co Ltd for the purpose .And then advised banks after four months via letter No CIR/HR&IR/2015-16/XBPS/j/1413 dt Octo1, 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 retirees is also same as is for serving employees which is as under
Category insurance Cover (Rs) Amount Of Premium
Officers 4 lacs 6573+ Ser-Tax
Award-staff 3 Lacs 4930 +Ser-Tax
RETIREES PREMIUM WAS TO BE BORNE BY BANK IN TERMS OF ABOVE NOTED LETTER
BUT IBA DISCRIMINATED AGAINST RETITEES SUBJECTING THEM TO PAY THEIR OWN PREMIUM
In-spite IBA’s own guidelines of similar terms & conditions, retirees were discriminated
in definition of family . Their family was defined as retirees & spouse only .” If husband & wife both are retirees of our bank , both of them shall be covered individually up to the sum insured in their respective cadres , subject to payment of premium as per individual cadre “ means both will have to pay premium.. For in service employees, family was defined as employee his/ her spouse, their children & two dependent parents (generally senior citizens ) say six persons .But the premium was decided equal for both categories If a rational calculation is made it cannot be more than half of in service employees.
Duration of policy was from 10/11/2015 to31/10/2016.Retirees were given the option to join the scheme up to 31/01/2016 but they will have to pay full year premium instead pro-rata.IT WAS ALSO UNDUE FAVOUR TO INSURANCE CO AT THE COST OF RETITREES .
Central Bank of India paid RS1000/ as incentive to those retirees who joined group insurance scheme WITHOUT ANY DEMAND (circular no 722 dt 04/01/2016), but not to other retirees who joined the health insurance schemes of other insurance co’s.
The very next year ie in 2016 , premium was more than tripled and again DISCRIMINATION WAS DONE AGAINST RETIREES by fixing higher premium rate for retirees . Insurance premium was Rs 15007/ for retirees for three lac insurance cover for two persons but for in service employees premium was Rs 12334/ for approx six persons including two senior citizens for three lac cover
In the year -2019 , premium was enhanced to Rs 24897/for retirees & Rs 17627 / for in service employees , the gap was further widened .The most damaging DISCRIMINATION was that domiciliary treatment was included for in service candidates but EXCLUSED for retirees Retirees has to pay very high premium of Rs 61784 / if they want to join the scheme of domiciliary treatment
In open market, several other reputed insurance co’s are selling their products at very reasonable rates. I purchased a policy of HDFC-ERGO for three lac of 25/02/2020 for two persons for Rs 12967 /from my bank counter .
Now the question arises what prompted IBA to violate Govt guidelines, involve unions & make a business activity of staff welfare scheme at the cost of retirees, while IBA has to simply inform the banks .IBA is well aware of the fact that pension updation has not been done for last 26 years from retirees own trust fund & basic pension of a GM retired in Octo-2002 is Rs 10650/ while a sub-staff retired in Octo -17 is Rs 11893/ The situation of family pensioners/ widows is very much pitiable .They are unable to bear cost of insurance premium, and dying in lack of proper medical facility .
Besides, unions instead of demanding for implementation of Govt –guidelines of payment of premium of retirees by Banks. or rational premium for retirees rather facilitating premium payment by requesting bank management to credit pension on 27/10/2020 so maximum retirees can join the scheme .Unions are showing undue involvement / interest in CONVASSING IBA sponsored scheme among retirees .
The role of IBA & Unions is also very much suspicious in wage revision process , settlement which needs be concluded in hardly 3-5 months(as every data is available on records & calculations can be done on computers ) is taking more than 42 months .
Beneficiary is only union funds as with every delay , arrear levy increases in cores , which is totally a illegal payment as if settlement is done in time , there will be no arrear & no levy .IT RAISES QUESTION MARK ON COMPETENCE & INTENTIONS OF IBA .THE PRESENCE OF UNHOLY NEXUS OF IBA & UNIONS IS WELL ESTABLISHED BEFORE NATION
Unfortunately the nexus of IBA & Unions is silent over the issue of high NPA & Frauds which has shaken the viability & profitability of entire banking industry (committed due to high handedness of few high executives ) but damaging the interest of employees & retirees . Bank employees are performing multiple duties like regular banking, implementation of Govt sponsored schemes & selling insurance products / gold bond etc Bankers are discharging their duties at the risk of life but they are not declared as CORONA-WARRIORS but IBA & Unions are silent on the issue.
I have sent several mail -letters to IBA Chairman in his personal name , but he is silent , it appears that he has nothing to offer ( letter dt 17/08/2020,25/08/2020 , 25/09/2020 & 07/10/2020 )
My mail letter dt 04/10/2020 to IRDAI chairman Shri R.C.Khuntia is still unattended .
Legal status of IBA & majority /representative status of unions is in question. IBA has represented itself as facilitator in a affidavit dt 21/10/2020 before High Court Of Judicature, Madras .Office bearers of Unions are mostly above 70 years of age and has never faced free & fair elections during their life time. Union subscription is deducted
from salary sheet, if any member dare to withdraw his debit authority he is harassed by unions & bank management in multiple ways. Therefore , FREE-CONCENT is not there .
Bankers are paying high union subscription , arrear levy , contributions on conferences , sacrifice of salary on unions strike call( approx Rs3 to 5/ lac in service tenure) but their servicing conditions are going from bad to worse with every successive settlement .In this 11 th settlement the starting basic of a clerk is less than peon of central govt .
Sir , Banks are the backbone of national economy , if they are not given respectable servicing conditions , no young talent will prefer to join Banks & ultimately economy will come to collapse . Govt of India, as a matter of policy treats its senior-citizens with respect & gives them preferential & concessional treatment .Govt is making every effort
to extend the medical facility to poorest of poor in the country. Bank retirees are also citizens of India & deserve to be treated within the ambit of Indian constitution. But IBA is not ready to follow the soft instructions of Govt Of India to pay the insurance premium of retirees rather doing the business in a most immoral, unethical& unlawful manner .
It is very much clear from above noted data that retirees are being charged public rates or even more than that, while retirees are the old customers of insurance co whose premium was being paid by bank on their behalf, they are entitled for loyalty/ no claim bonus . IBA / unions are playing the role of insurance agents. It is well known facts that insurance co’s pay lucrative commissions for mobilising their business, here who are the recipients of commission whether IBA/ banks /unions officially or extraneous considerations are playing its role.
Therefore, the role of IBA, Unions, Insurance Co & IRDAI needs to be thoroughly investigated as all concerned are working under your kind control & jurisdiction. Once the premium for retirees is borne by Bank, this unlawful activity will come to an end.
Kindly save life of thousands of retirees who are dying in absence of proper treatment amounting to culpable homicide amounting to murder .
With due regards
Yours faithfully
Chandra.va
(Vishwa Alok Chandra )
CC , Hon’ble PM , Minister of finance ,law& Justice ,
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