NO MORE FURTHER NEGOTIATIONS NEED FOR IMPLEMENTING PENSION UPDATION ON RBI LINES
MY DEAR FRIENDS,
AS PER IBA's CIRCULAR COMMUICATION VIDE Ref.No. PD/CIR/76/G(ii)/1905 March 31,1994 ADDRESSED TO ALL IT'S MEMBER BANKS, IT'S ALREADY AGREED UPON MUTUALLY BY UFBU & IBA FOR RBI PATTERN OF PENSION UPDATION.
THUS, THE SAID MINUTES OF THE SMALL COMMITTEE FOR FORMULATING THE PENSION REGULATIONS IS THE FINAL AGREEMENT ON PENSION SCHEME:
WE SHOULD THEREFORE, DEMAND PENSION UPDATION FOR ALL UNDER RBI PATTERN AS ALREADY AGREED UPON & IN TERMS OF THE EXISTING AMMENDED PENSION REGULATION 35(1)
THE SAID AMENDEMENT TO PR # 35(1) WAS PASSED THE PARLIAMENT ONLY AFTER IT'S CLEARENCE BY THE LAW MINISTRY.
WAY BACK ON 28th OCTIBER, 2017 I HAD ADDRESSED A LETTER TO THE SECRETAERY, MINISTRY OF LAW & JUSTICE ON THE AMMENDMENT TO THE PR# 35(1) MAKNG PENSION UPDATION APPLICABLE TO ONE AND ALL. THE SAID AMMENDMENT
AND
COM. KARUNAKARAN, (General Secretary, ARISE -IOB Retirees Association & Working President of AIBPARC) ALSO CONFIRMS THE RELEVENCE OF THE AMMENDED REGULATION 35(1) PENSION UPDATION
CONTENTS ARE SELF EXPLICIT:
✴️QUOTE✴️
"There are many writing many things.
Though I disagree with Mr.C.N.Prasad, I agree on that there is no use in auditing the pension fund.
Mr. Prasad &Co who refused Reg 35(1) has come around to accept it but are now harping on non-availability of formula in Appendix-1.
If DA is payable based on published CPI and govt stops publishing CPI, will Prasad & Co insist on pulication of CPI or renegotiate the right to receive DA?
What was the rationale behind the formula in Appendix-1 for those retired between 01/01/86 and 31/10/87? That formula was the one followed in RBI who adopted it from Govt pension Scheme.
It is therefore clear that updation formula has to be that of RBI or one based on Central Govt's.
As Reg 56 states, in case of doubt refer to CCS pension rules - If doubt exists regarding formula in the context of precedent and in the light of Reg 56, follow the govt formula or that of RBI. We have requested to adopt RBI formula and given our workings on pension cost based on that formula.
Reg 35(1) has a mandatory provision and not a mere enabling provision in respect of updation.
It says pension shall be updated.
Next it says that it shall be done as per formula in appendix-1.
If it is meant to update pension there was no need to amend Reg 35(1) making it open ended and mandatory.
Instead of being a honest trade unionist compelling IBA/DFS to get formulae published these guys foolishly or arrogantly say that there can be no updation as per Reg 35(1) as there is no formula is appendix.
For instance, the law says, "Concessions shall be given to export units at rates prescribed in the appendix", will the units be silent if the rates are not prescribed or will they force the govt to publish the rates through litigations .
Reg 35(1) is a subordinate legislation giving the benefit of updation to pensioners.
Constitution provides in Art 14 equal protection of law. It also means that any benefit under any law shall be protected and there cannot be a situation that a benefit under one law will be protected and a benefit under another law will not be.
Such denials are arbitrary and hence violative of Art 14.
On this ground Justice Gowda who addressedBengaluru conference held non publication of mandatory updation formula ( following the principle in the precedent ie adopting RBI formula ) is arbitrary and is violative of Art 14.
Well, whatever we write Prasad & Co are more keen to protect CHV than Pensioners's cause and will go on creating confusion.
There is a saying in Tamil, " One who cannot climb the thatched roof and catch the rooster dreams of climbing the sky to catch the moon."
These guys instead of pressing for implementation of Reg 35(1) which is easier is talking of getting a better deal through fresh negotiation placing updation as a new demand.
Regards s.b.c.karunakaran"
✴️UNQUOTE✴️
ALSO CLICK THE FOLLOWING LINK FOR MY AUDIO CONVERSATION WITH OUR SENIOR LEARNED OCTOGENARIAN FRIEND COM. E. R IYER GARU OF BANK OF INDIA FROM CHENNAI WHO HAS BEEN A VERY ACTIVE VETEREN LEADER UNMINDFUL OF HIS ADVANCED AGE.
I HAVE GREAT REGARDS FOR COM. IYER GARU FOR HIS COMMTMENT UNMINDFUL OF AGE ADVANCEMENT, AS A ROLL MODEL FOR MANY TO FOLLOW SUIT.
https://drive.google.com/file/d/1uk7hsMRLz3I0g9vsQm3mzSTkiZ1Tk9ur/view?usp=drivesdk
With the Divine blessings of Matha Kanaka Durga abode इन्द्रकीलाद्रि - विजयवाद Indrakeeladri- Vijayawada, let us hope 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.
With Greetings & Regards,
|| यतो धर्मस्ततो जयः ||
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