To
Sri Narendra Modi,
Hon'ble Prime Minister,
Govt of India,
New Delhi
Respected Sir,
WHY SHOULD PMO GIVE
WRONG REPLY ?
Respectfully, we have to invite your kind attention to enclosed script of reply roaming in media said to be the reply from PMO to a representation made for pension revision by some Bank Pensioners.
The PMO is believed to be the highest executive office of the country, which is looked upon by the people as a matter of faith. The word emanating from there is unrebuttable & a symbol of reliability. We are saddened and shocked to see wrong & baseless reply in communique referred above.
It's true that the Pension was introduced as a funded scheme in lieu of Banks CPF. On the basis of consensus reached between Unions & Banks' management, Boards of Banks made Pension Regulations. It's also true that presently the matter of pension revision is sub-judice in Hon'ble Supreme Court of India, but Hon'ble Supreme Court of India has not put any embargo/stay on revision of pension out of court.
In the reply in reference, it is wrong & baseless to state that "These Regulations do not have provision for revision of pension."
We totally fail to understand to how PMO can write contrary to fact as the provision for updation of pension very much exists in the Pension Regulations, 1995 and even done for due periods as well, while implementing Pension.
It appears, the PMO officials have not gone through the BEPR Regulations, 1995, otherwise they would not have stated it. The PMO's said reply matches with averment of Indian Banks' Association that they made in an affidavit dated 24.8.2022 submitted to Hon'ble SCI in SLP MC Singla v/s Union of India & others.
In this regard we would like to state that BEPR, 1995, dated 29.9.1995, consists of Clause 35(1). We would like to explain about this clause in details as under:
In BEPR, 1995, Clause 35(1) exists from day one. Its purpose and intent, both, are on record. For ready reference we quote below the original and modified versons of clause 35 (1) as under:
ORIGINAL
Clause 35 sub-regulation (1):
"In respect of employees who retired between the 1st day of January, 1986, but before 31st day of October, 1987, basic pension and additional pension
will be updated as per the formulae given in appendix -l"
MODIFIED
Regulation 35(1) above was amended in 2003. Amended Clause 35 sub-regulation (1) now reads as under:
"Basic pension and additional pension wherever applicable shall be updated as per the formulas given in Appendix-I".
Notable fact is, had this clause not been in Regulations, 1995 the Pension for periods 1.1.1986 to 31.10..1987 would not have been revised.
The purpose of this clause was/is based on very premises that every pay revision would follow pension revision. In compliance of this, on account of 5th wage Settlement, signed on 10.4.1989 and applicable from 1.11.1987, revision of pension was done under this clause for pre Nov-1987, i.e. from 1.1.1986 to 31.10.1987. However, thereafter Pension has never been revised from 6th to 11th Wage Revisions. It's the issue for which Bank pensioners are agitating and seeking your intervention.
Certain misconception crept-in that clause 35(1) was only for the specified periods, i.e. from 1.1.1986 to 31.10.1987. Once it was complied for specified period, it became redundant. To remove this misconception, in 2003, the specified period "1st day of January, 1986, but before 31st day of October, 1987" was expunged from the clause 35(1) to make the clause all time relevant & speaking in regard to it's initial purpose to update pension following wage settlement.
The removal of "employees who retired between the 1st day of January, 1986 but before the 31st day of October, 1987" sentence from Clause 35 (1) gives a clear mandate that the clause 35(1) of Pension Regulation, 1995 shall be applicable to all pensioners, irrespective when they retired. And, the substitution of the words "shall be" for "will be" further strengthens the position that pension is to be compulsorily updated as and when applicable and due.
Please understand, had there been no provision for pension updation with every pay revision in the existing pension scheme, the said clause 35(1) would have neither found place in the Regulation, 1995 nor on account of the 5th Pay Revision Settlement with effect from 1.11.1987, the pension for pre- Nov, 1987 would have been updated for 1.1.1986 to 31.10.1987.
Please permit us to point out that the IBA has been running the false propaganda of non-existence of pension updation clause for a long time! Please appreciate if really no provision for updation, then what's 35(1)? How was the updating of pension for 1.1.1986 to 31.10.1987 was done? If there was no underlying intention of pension revision with wage revision then why pension revision happened in the light of 5 Pay settlement?
IBA is a private agency, does brokerage without any responsibility and accountability. Prime Minister's Office is highest office of the country, which is expected to be neither irresponsible nor unaccountable.
We, therefore, request you to please look into the matter and take appropriate steps to distance from such false and fabricated narratives tarnishing the image of Government. We request the PMO should not spread salt on Pensioners' wounds, if it can not help them get justice. For last over 3 decades pensioners are languishing under extreme financial distress due to no Pension updation.
Respectful Regards,
(J. N. Shukla)
9.12.2022
9559748834
Copies forwarded to:
1. Dr. Jitendra Singh, MOS, PMO
2. Dr. PK Mishra,PS to PM
3. Smt. Nirmala Sitharaman, FM
4. Dr. Bhagwat Karad, MOS,Fin
5. Secretary, DFS, MOF
Encl: Purported reply of PMO:
"Pension was introduced as a funded scheme in Nationalized Banks in place of the Contributory Provident Fund, on the basis of consensus arrived at between Unions/Associations of Bank Employees and the Indian Banks' Association (IBA) , which negotiated on behalf of the participating Banks. Accordingly, Banks' Boards framed Bank Employees Regulations in exercise of the powers under section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act,1970/80. Pension in Banks, thus payable as per the agreement arrived at between Bank Unions/Associations and the Banks and Bank board have accordingly made regulations governing the same. These Regulations do not have provision for revision of pension. Pensioners/retirees of Banks are being granted Dearness Relief on pension and the same is being increased from time to time, i.e. on half years basis.
"As regards revision of pension of retirees of Bank employees, the matter is sub-judice in Hon'ble Supreme Court of India."
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