My Dear Friends,
You are all aware that LIC Retirees have been the “Torch-bearers” in their crusade for the twin-issues –viz: 100% DA and Updation of Pension followed by the Retirees of RBI.
Subsequently we, the bank retirees also followed them to fight our own ongoing legal battles on the above issues.
Recently, in LIC Retirees case, Supreme Court, while upholding the orders of the Delhi High Court on 100% DA issue, has passed a specific interim order for the payment of 100% DA relief to the petitioners –viz: All India Ins. Pensioners Assn. The relevant operative portion of the order dated 30 07 2018 is appended here for your information/perusal:
QUOTE:
Special Leave to Appeal (C) No (s) 19799/2017 (Arising out of impugned final judgment and order dated 27 04 2017 in WP#5868/2016 passed by the High Court of Delhi at New Delhi)
Coram:
Hon’ble Mr. Justice Madan B. Lokur
Hon’ble Mr. Justice Deepak Gupta.
“.... It is stated by learned counsel appearing on behalf of the Life Insurance Corporation that the amount payable to the petitioners under the judgment of the High Court will be paid within a period of eight weeks from today.
We expect the Life Insurance Corporation to abide by the statement made by learned counsel and to file an affidavit of compliance soon thereafter.
List the matter on 11th. October, 2018.”
Sd./- Sd/- (Sanjay Kumar –I) (Kailash Chander) AR-Cum-PS COURT MASTER
UNQUOTE:
I earnestly hope that the leadership of UBIRWA would take advantage of the above findings to sustain their fight on legal front concerning our 100% DA issue.
As regards, updation issue, our fight on the legal front is also going on. In the mean time , some of our active comrades have been taking up this issue with all the concerned in the Government.
I am also one among those in this crusade. I have again today addressed a letter of reminder dated August 5, 2018 ( to my earlier one dated 28th. October, 2017) to the Secretary, Ministry of Law and Justice , on the issue of Pension Updation in terms of the Pension Regulations in force.
Both the letters of mine as stated above are annexed here for your information /perusal.
QUOTE:
BY SPEED POST EN500247904IN/IVR6978500247904 05 08 2018@18:18
D S MURTI :(Manager-Retd. Syndicate Bank) Former State Secretary - Syndicate Bank Officers Assn. AP State & ex.Treasurer, All India Bank Officers’ Confederation- Andhra Pradesh State Unit 0866-2843298 / 9989318300 devulapallimurti@gmail.com
AUGUST 05, 2018
To The Secretary, Ministry of Law & Justice, Government of India, New Delhi - 110 001
Dear Sir,
Amendment to Regulation 35.1 of the Bank (Employees’) Pension Regulations, 1995.
We invite your kind attention to our earlier letter dated 28-10-2017 seeking clarification on the above amendment. The captioned Regulation says:
"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-I"
The regulation was later amended to read as:
"Basic pension and additional pension, wherever applicable shall be updated as per the formulae given in Appendix-1"
As per the MEMORANDUM OF SETTLEMENT dated the 29th October, 1993 Pension Scheme was introduced in the Banking industry with effect from 1st November, 19993; making it available to those employees retired on or after 1st November, 1993; and also extending to those employees retired on or after 1st January 1986. Since the Pension Scheme was extended with retrospective effect to earlier retirees also, a special mention about updating of pension through Regulation 35.1 appears to be required while framing the Bank (Employees') Pension Regulation,1995 and It does not connote any sense to infer that the updating of pension is not applicable to those employees retired after 31st October 1987.
In this context we sought clarification about the objective and the necessity of the amendment carried out in 2003 to the Regulation 35.1. As per the understandings arrived at through the above referred 'Memorandum' pension updating was agreed for all those covered under the Pension
Scheme and accordingly Management had extended the principle of updating to those retired on or after 1st Jnanuary 1986 by revising their pension basics as per the next wage revision that took place with effect from 1st November 1987, as the Pension Scheme was drawn on the lines of "Central Civil Pension Rules, 1972; and the same understanding was expressly made through Regulation 56 of the Pension Regulations of 1995.
Further the status assigned to Nationalized Banks under Article 12 of the Constitution is that of “state” and it therefore follows beyond any ambiguity that employees of nationalized banks are to be reckoned as employees of the Central Government and the dispensation under regulation 56 establishes that the Pension Scheme is one and the same for Bank Employees/Central Govt. Employees.
This makes it imperative that pension in banks ought to be revised with each wage revision through Bipartite Settlements as the pension is deferred wage, in the same way as is being carried out for the pensioners of the Central Government. But this has not been done on a wrong premise that there is no provision for updating of pension.
We earnestly request you to clarify the intention and purpose of stipulating “Basic Pension shall be updated” in the circumstance, at the earliest and oblige.
Thanking You,
Yours sincerely, Sd./-
(D S MURTI)
UNQUOTE:
Click the following link for my earlier letter dated 28th. October, 2017 on the above matter :
https://drive.google.com/file/d/0Bwlxk5JrNIM1VDYtSi1nVGJRUzQ/view
FRIENDS ! ... LET US MARCH ON ... ON OUR STRUGGLE... WITH CONVICTION... COMMITMENT...COURAGE....
SUCCESS SHALL BE OURS.......LET US TRY TO BE THE LEADERS BY EXAMPLE... AND NOT BY CHOICE......