MY DEAR FRIENDS,
REGULATION # 35(1) vis-a-vis PENSION UPDATION
AND
My Audio Link:
https://drive.google.com/file/d/1-hwjeDpzhcDarYxQjuNfQcpX6wUVZML3/view?usp=drivesdk
FROM THE DETAILS OF THE EFFORTS MADE BY AIBPARC IN THEIR MEETING WITH OUR HON'BLE FINANCE MINISTER IMMEDIATELY FOLLOWED BY ANOTHER MEETING WITH IBA IN QUICK SUCCESSION, PROVE BEYOND ANY DOUBT AS TO THE SERIOUSNESS OF THE GOVT'S / IBA'S INTENTION RESOLVE THE BURNING PENDING CORE ISSUES OF THE RETIREES.
CERTAINLY WE SHOULD CONGRATULATE THE AIBPARC TOP LEADERSHIP FOR THEIR INITIATIVE & EFFORTS.
HOWEVER, IN A GLARING CONTRAST , I HAD TO FURNISH THE FOLLOWING COMMUNICATION SPECIFICALLY ADDRESSED TO ME BY ONE OF MY WELL LEARNED FRIENDS COM. C N PRASAD GARU WHOM I ALWAYS RESPECT FOR HIS VALLIENT EFFORTS ON THE LEGAL FRONT TO SECURE SOME OF THE DEPRIVED BENIFITS TO THE AGGRIEVED RETIREES.
THIS IS FOLLOWED BY MY REPLY ATTACHING THE CLARIFICATIONS AS MADE OUT BY ANOTHER WELL LEARNED FRIEND OF MINE - Viz : Com . KATARI SATYSNARAYANA GARU FOR ALL THE "DOUBTS" EXPRESSED BY MY LEARNED FRIEND COM. C N PRASAD GARU.
CONTENTS ARE SELF-EXPLICIT.
✴️QUOTE✴️
[15/10, 16:44]
Com.C N Prasad
Gen. Secy. SBM COMMUNE :
Mr.Murthygara, having congratulated AIBPARC, you must be having full knowledge and information about what they want. Please therefore, enlighten me with regard to following :
✴️a. Having stated that they have even provided calculation, let us know the revision formula they have adopted ?
✴️b. Having advocated claim under Regulation 35(1), what is the formula either you have in your mind or what is the formula according to AIBPARC ?
**** ***** ****
From:
Katari Satyanarayana • satyakatar@gmail.com
To:
Prasad C. N. • cn_prasad59@yahoo.com
Srinivasa Murti Devulapalli • devulapallimurti@gmail.com & ors.
9 Oct 2022, 18:19
Good Auger . The decision need necessarily be not inconsistent with the provisions of Section 19(1) of Act 5 of 1970/1980 and the enabling provisions for updation of pension under Regulation 35(1) showing regard to CCS Pension Rules as provided for under Regulation 56 without getting defeated the objectives of bringing out Pension Regulations in lieu of CPF as defined under Clause 12 of the Pension Settlement dated 29 10 1993 entered into between the AIBEA and the Boards of Nationalized Banks individually and got duly registered by complying with the provisions of ID Act.
The formulae for 100% DA were duly prescribed through RBI circulars 01 04 2008 and01 01 2010 and continued to be issued thereafter from time to time on a half yearly basis for all those categories of retirees retired prior to 01 11 2002 .
This formula has got to be adopted by PS Banks before arriving at the updation formula like in RBI as could be formulated by GOI and prescribed for RBI through its communication dated 05 03 2019 and being implemented there w.e.f. 01 03 2019 prospectively.
The above criteria is standing valid and binding upon the Boards of member banks of IBA by virtue of subsisting terms of agreement under the Pension Settlement dt 29 10 1993 duly got Registered under ID ACT.
Let AIBEA just demand under ID ACT for implementation of the terms of CLAUSES
6 & 12 of the binding agreement under the said Pension Settlement dated 29 10 1993 .
Nothing more for the present time being .
Any negotiation between AIBEA ( UFBU ) with Boards of Nationalized Banks ( IBA ) contrary to the above position as could updation formula already been sanctioned to RBI by the GOI would stand illegal as per the abiding rationale (terms contrary to statute arrived at between UNIONS & Associations of UFBU and entered into with Boards of Nationalized Banks of IBA under any agreement or joint note shall not bind the bank pensioners as per law ) as could categorically been specified by the Hon'ble Supreme Court under Paragraph 29 of its judgment in 1616-1684 CPI Points case delivered on 13 02 2018.
Hope prudence shall prevail on all those dealing with the correct statutory position in the given circumstances.
Let's get the Regulation 35(1) interpreted in which ever language its meant literally applying the law of interpretation in its crystal clear form as could be dispensed with very recently (discussed on the subject of interpretation of law earlier in this forum ) and also the fundamental objective with which it got amended with the approval of Parliament during 2002-2003.
According to which , wherever applicable, it shall be a necessity for the pension to be got updated by way of prescribing due formulae under Appendix I.
In case of doubt, if any, then only regard must be shown to CCS PENSION RULES as per Regulation 56.
This tantamount that the rationale in DS. Nakara ( Central Civil Services) case is quite relevant in the case of PS Banks in appropriation of statutory mandate under Regulation 56.
It is the clear cut Legislative intent in the amendment to Regulation 35(1) over which the Judiciary has got no shred of jurisdiction to over rule the statutory position either by improbable indulgence or out of ignorance.
There is no evidence put up by the Executive on record of the Court to disprove the legislative intent in absolute terms of interpretation of the laid down law.
Hearsay judgment may not help disprove the truthful facts and law pertaining to this case.
The appreciation of the material put forth needs due diligence by any Authority.
Let that be expected from the Hon'ble Apex Court.
No need to give credence to the destructors of the statute, for, there is nothing more to negotiate between IBA and Unions once the enforceability of the agreement with Unions by the Boards of IBA to provisions under clauses 6 and 12 of the Pension Settlement dated29 10 1993 was clearly and categorically accepted and got reiterated by the Government of India itself as depicted in MOF (IR) Office Note dt. Jan-Feb. 2018 in its pages 263-265, which fact alone should be kept in mind by all the concerned who ever wishes to think , talk , and deal with the updation issue .
It undoubtedly demonstrates the role of GOI - for due accordance of its prior sanction of updation; of BOARDS(IBA) - for their adoption of updation formula exactly as in RBI; of RBI- for according of its no objection to Boards for adoption of its own updation formula in terms of Section 19(1) of Act 5 of 1970/1980;
and of the UNIONS(UFBU)that have got to demand strict enforcement of provisions under the consistent clauses 6&12 of Pension Agreement from BOARDS ( IBA ) as agreed to by them under ID Act .
Whether we call it negotiation of Unions with IBA, or sanction of updation by GOI on its volition like in upgradation of Family Pension w.e.f.01 04 2019, or purported consultation by BOARDS with RBI under Sec.19(1).
( Not sure about such consultation took place in case of GOI/ Boards' decision on Family Pension Sanction- for, FAMILY PENSION revision @ 30% of last drawn pay took place in RBI w.e.f.01 01 2013 itself.), or the decision by the Judiciary upon interpretation of the Law and evaluation of relevant facts in their true perspective with a duty to keep the above facts in mind while dealing with the updation case in the glaring light of Supreme Court's strict verdict against such inconsistent Agreements and Joint Notes , striking them out in its judgment dated13 02 2018 in 1616-1684 CPI Points case.
Let the above statutory position be kept in mind while dealing with the matter in which ever manner one would like to.
TAT SAT
KATARI SATYSNARAYANA
✴️UNQUITE✴️
✴️✴️ ✴️✴️ ✴️✴️ ✴️✴️
HOWEVER, ALL OUR VIEW POINTS, INTERPRETATIONS etc. ARE SUBJECT TO THE CONCURRENCE OF THE HON'BLE SUPREME COURT IN THE WAKE OF IT'S RECENT FOLLOWING OBSERVATION :
PENSION RULES MUST BE INTERPRETED IN FAVOUR OF EMPLOYEE WHEN MORE THAN ONE INTERPRETATION IS POSSIBLE :
"...When Pension Rules are capable of more interpretations than one, the Courts should lean towards that interpretation which goes in favour of the employee ..
- SUPREME COURT"
MY DEAR FRIENDS,
NEXT TO THE FAMOUS NAKARA'S CASE, I CONSIDER THE ABOVE ONE AS A LANDMARK JUDGEMENT OF UNIVERSAL APPLICATION.
THIS JUDGMENT OF THE ABOVE TWO HON'BLE JUDGES WILL BE THE PATHWAY FOR MANY MORE PENDING CASES IN FAVOUR OF THE LAMENTING RETIREE FRATERNITY...
IT'S MORE SO AFRESH & LATEST ONE FAVOURABLE JUDGEMENT IN THE WAKE OF OUR PENDING CASE FILED BY LATE COM. M C SINGLA & Ors. WHERE AIBPARC IS ALSO IMPLEADED THROUGH IT'S AFFILIATE "ARAISE " OF IOB.
IN THIS CONNECTION, IT REMINDS OF THE FOLLOWING PERTINENT QUOTATION, WHICH I HAVE COME ACROSS VERY RECENTLY:
"WE NEED NOT ALWAYS AGREE WITH ONE ANOTHER, BUT IT'S IMPORTANT THAT WE LEARN TO RESPECT EACH OTHER"
Let the ensuing DIWALI / దీపావళి /Deepavali bring the brightness of lighit in our Hearts with the Divine blessings of Matha Kanaka Durga abode इन्द्रकीलाद्रि - विजयवाद Indrakeeladri- Vijayawada, to bring solace to the grief-stricken hearts of the bank retirees in general and the SUPER SENIORS IN PARTICULAR only in the sole interest of justice & fair play.
|| यतो धर्मस्ततो जयः ||
I remain – Yours ,
దేవులపల్లి శ్రీనివాస మూర్తి
DEVULAPALLI SRINIVASA MURTI Flat # 102 "Sai Kunj " Lakshminarasimhapuram Colony ,Hasthinapuram North - Hydearbad
Cell :9989318300,
17 10 2022