To
Sri Debashish Panda,
Secretary,
DFS, MOF, GOI,
New Delhi
Sir,
Pension to 'Resignees' in Banks:
We have to invite your kind attention on above mentioned subject. Under Clause 22 of Bank Employees Pension Regulations, 1995, there were following categories of employees/ officers, who were debarred from Pension option:
1. Resignees
2. Dismissed
3. Terminated
4. Removed from service CRS
Obviously, people of dismissed, terminated & CRS categories were tainted one and punished for some of their conducts, unbecoming of Bank employees/ officers, putting the Banks in financial and/or reputational losses, but to include 'Resignees' had no such explainable rationale at all.
However, in the mean time, this was challenged in the Courts and Hon'ble SCI gave it's judgement in SK Kool v/s Bank of Baroda case. IBA reconsidered above issues in the wake of judgement/s and 'dismissed', 'terminated' & 'CRS' employees and officers were allowed Pension vide their Circular dated 30.6.2015 and 23.12.2015, leaving "resignees" untouched.
Issue of "resignees" remain unsettled so far and all such employees/officers are running pillar to post. They may be few hundred in number in PSBs. People met Hon'ble Finance Minister, Sister Nirmala sometime in past during her Chennai visit. She revealed, she was aware of issue in question.
In this regard we would like to submit followings for your kind consideration and decision:
1. Please be appreciated that Bank Officers & employees, desirous of leaving the service have no any other 'exit' mode in relevant Officers’ Service Regulations or Employees Service Rules/Sastry Award etc. 'Resignation' was only available terminology acceptable to Banks, therefore used by all such employees & officers.
2. Second Pension option settlement dated 27.4.2010 neither includes nor excludes 1. Resignees, 2. VRS Officers under officer's Service Regulations 19(1), 3. Removed/Discharged from service & 4. Terminated employees & Officers, CRS.
3. Second Pension option settlement dated 27.4.2010, stipulated new norms distancing from BEPR, 1995. Naturally, in settlement no condition was specifically mentioned in respect of categories mentioned in clause 3 supra. It is our legitimate belief that while agreeing to second pension option, Clause 22 of BEPR, 1995 was deem irrelevant, hence dropped.
4. However, as explained above that IBA itself in wake of Hon'ble Courts judgements pension debar was lifted vide their Circular dated 30.6.2015 & 23.12.2015, these issued are settled, barring "resignees". Second Pension Option Agreement 27.4.2010 too didn't mention anything as well, hence Banks have no reason to deny pension option, subject to refund of 156% of CPF+ interest.
5. The Resignation from job were resorted to under certain compelling situations, which the management were pleased to consider and accept. It shouldn't prove to be nightmare for them.
6. The Resignees were honest and performed their job very sincerely. In this backdrop it amounts to punishment for their unblemished work & conducts.
Sir, we therefore, seek your kind indulgence to please look into "resignees" case, who are unjustifiably denied and deprived of their legitimate pension right. They resigned, because it was only "exit" option to employees/ officers under service rules and acceptable to management as well.
We shall be grateful, if you kindly help resolve this issue at your earliest convenient.
Respectful Regards,
(J. N. Shukla)
National Convener
4.7.2021
9559748834
To
Sri S. K. Kakkar,
Senior Advisor,
HR & Industrial Relations
Indian Banks' Association
Mumbai
sa.hr@iba.org.in
Sir,
Re: Pension for Resignees:
In continuation to our mail dated 28th June, 2021 on subject matter, we would like to reiterate our view point with a view to add bit stress & urgency looking to gravity of injustice.
Under Clause 22 of Bank Employees Pension Regulations, 1995, there were following categories of employees/ officers, who were debarred from Pension option:
1. Resignees
2. Dismissed
3. Terminated
4. Removed from service CRS
Obviously, people of dismissed, terminated & CRS categories were tainted one and punished for some of their conducts, unbecoming of Bank employees/ officers, putting the Banks in financial and/or reputational losses, but to include 'Resignees' had no such explainable rationale at all.
However, in the mean time, this was challenged in the Courts and Hon'ble SCI gave it's judgement in SK Kool v/s Bank of Baroda case. IBA reconsidered above issues in the wake of judgement/s and 'dismissed', 'terminated' & 'CRS' employees and officers were allowed Pension vide it's Circular dated 30.6.2015 and 23.12.2015, leaving "resignees" untouched.
Issue of "resignees" remain unsettled so far and all such employees/officers are running pillar to post. They may be few hundred in number in PSBs.
In this regard we would like to submit followings for your kind consideration and decision:
1. Please be appreciated that Bank Officers & employees, desirous of leaving the service have no any other 'exit' mode in relevant Officers’ Service Regulations or Employees Service Rules/Sastry Award etc. 'Resignation' was only available terminology acceptable to Banks, therefore used by all such employees & officers.
2. Second Pension option settlement dated 27.4.2010 neither includes nor excludes 1. Resignees, 2. VRS Officers under officer's Service Regulations 19(1), 3. Removed/Discharged from service & 4. Terminated employees & Officers, CRS.
3. Second Pension option settlement dated 27.4.2010, stipulated new norms distancing from BEPR, 1995. In settlement no condition was specifically mentioned in respect of categories mentioned in clause 3 supra. It is our legitimate belief that while agreeing to second pension option, Clause 22 of BEPR, 1995 was deem irrelevant, hence dropped.
4. However, as explained above that IBA itself in wake of Hon'ble Courts judgements pension debar was lifted vide their Circular dated 30.6.2015 & 23.12.2015, these issued are settled, barring "resignees". Second Pension Option Agreement 27.4.2010 too didn't mention anything as well, hence Banks have no reason to deny pension option, subject to refund of 156% of CPF+ interest.
5. The Resignation from job were resorted to under certain compelling situations, which the management were pleased to consider and accept. It shouldn't prove to be the nightmare for resignees by denying them pension option.
6. The Resignees were honest and performed their job very sincerely. In this backdrop it amounts to punishment for their unblemished work & conducts.
Sir, we therefore, seek your kind indulgence to please look into "resignees" case, who are unjustifiably denied and deprived of their legitimate pension right. They resigned, because it was only "exit" option to employees/ officers under service rules and acceptable to management as well.
We shall be grateful, if you kindly help resolve this issue at your earliest convenient.
Respectful Regards,
(J. N. Shukla)
National Convener
4.7.2021
9559748834
Copies to:
1. Sri Sunil Mehta,
Chief Executive,
IBA, Mumbai
2. Sri Raj Kiran Rai,
Chairman,
IBA, Mumbai
- with humble request to please consider resignees entitlement for Second Pension option.
-----------------@-----@-@---------------@@@@@@@
Respected Sister Nirmala Sitharaman,
BANK PENSION REVISION ISSUE:
Respectfully, we beg to make our submissions as under for your kind consideration:
1. A message is roaming in the social media purported to be issued by a so called organization of Pensioners, namely, AIBRF, claiming that their delegation has met you on 30.6.2021. The viral message, among other things, states that you assured that the pension updating will happen soon, work is going on on that.
2. For your kind information, Bank Pensioners have lost faith in Bank Unions and Retirees Unions. Therefore, aforesaid viral 'messave & claim' has been disbelieved by Pensioners. Pensioners earnest request is that whatever you wish to say, please say in press, the path you chose in past. That's more credible way to avoid any doubt.
3. It is the same AIBRF that kept silent on your Business Line interview, 30.10.2020 & IBA Annual Meeting Address of 10.11.20, as did the Left Banking Unions. They did not even express their gratitude or appreciate your concerns towards suffering Bank Pensioners and shamelessly now reached you with a begging bowl.
4. Look at the arrogance of the it's General Secretary, who instead of coming to meet you himself, he deputed his warlords with his letter. Perhaps, meeting the Hon'ble Finance Minister of the country, he considered his stigma, it is considered to be his great folly. It is your magnanimity and broadness of heart that you have met, if their claim is true.
5. We pensioners are treating the every word of your interview and speech in the IBA meeting as "Bhishma word". We are sure that the matter of pension revision in banking will be decided on line alike 'One Rank-One Pension' in Defense. It will be a land-mark decision of Govt, which people will remember in days to come.
6. Bank pensioners are skeptical of Banking Unions and IBA, duo, regarding the delay at IBA/bankers level. In fact, Working and Retired Bankmen, both, have lost their faith in IBA & Unions. Undue delay happening at their level, causes various types of doubts in the mind of the ordinary pensioners and it strengthen their doubts. They are still apprehensive, IBA & Unions are cooking something otherwise, despite your very categorical and clear wish list.
Therefore, it is kindly requested to you that this matter may please be decided on priority basis. IBA/Bankers may kindly be directed to take necessary steps at their level at the earliest, so that the bank pensioners can get due relief, plights addressed and their apprehensions cleared. Bank pensioners are still getting crushed between two gates, they need to be rescued. And, only you can do it is their belief.
Not only hope, but have full faith, that important issues like pension revision and health insurance will be resolved from your level at the earliest possible.
Respectful Regards,
(J. N. Shukla)
2.7.2021
9559748834
Sister Nirmala Sitharaman,
Hon'ble Finance Minister,
GOI, New Delhi
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