Petition to Hon’ble Prime Minister of India Date: 12.05.2017 To: Sri. Narendra Modiji, Hon’ble Prime Minister, Bank Retirees/Pensioners plead for sanction of: 1) Periodical updation of Pension 2) 100% DA neutralization 3) Improvement in Family pension 4) Pension is not a bounty based upon the sweet will or grace of the Employer 5) Supreme Court Judgment reiterates 6) Govt. should not perpetuate. At the outset, Congratulations for all your achievements in political affairs, economic affairs, controlling cross border terrorism and tackling all Foreign affairs as a true statesman. We wish you all success in your endeavours i.e. “Make in India”, “Swatch Bharath”, “Digital India” “Schematic Old age Pension”, “Women Empowerment” “Sensitizing the Youth Power” etc… Our humble request please, don’t ignore or trouble the Bank Retirees/Pensioners who have toiled their energy during their hay days of services for the growth of banking & economic empowerment which could make India sustain even during global recession. Please pass on the legitimate dues & fundamental right to them to live with self-respect & dignity in their last days of waning. On the whole, you have been very considerate and comforting through periodical updation of Pension to certain class of people like employees/pensioners of Central / State gov, Armed forces and similarly placed pensioners who have put in a requisite qualifying service in general. You have been more generous in obliging with exorbitant bounty of perks and pensions to Law makers like MLAs, MPs for their just one term in office and steep reward of perks and pensions even to Judiciary at every revision of Pay Commission, for which we are not jealous, envious, resentful or grudging rather we are joyful, cheerful and blissful that at least a section of our fellow citizens are privileged. But, being part of same land and same law of equality among citizenship in the similarly placed service cadre, we are painful to note, why such periodical updation of pension, DA neutralization, Family pension and Pension to Resignees, CRS etc., are denied & deprived of at every Bipartite Settlement to Bank Retirees/Pensioners and why are they being continuously given a raw deal, detrimental, deleterious, partisan, biased and prejudicial treatment? I. Whether Bank Employees/Retirees are not considered as Citizens of India and are they not come under Constitution of India Act 1949 guaranteeing Right to equality? a) vide Article 14 –“Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth” AND b) Article 21 –“Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law, c) Article 39 (a) – “that the citizens, men and women equally, have the right to an adequate means to livelihood” II. Is it not a fact of admission and undertaking that as per BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970? Regulation: 19. Power to make regulations, (2) In particular, and without prejudice to the generality of the foregoing power, the regulations may provide for all or any of the following matters, namely,- (f) The establishment and maintenance of superannuation, pension, provident or other funds for the benefits of officers or other employees of the corresponding new bank or of the dependents of such officers or other employees and the granting of superannuation allowances, annuities and pensions payable out of such funds; III. Is it not a fact that Regulations itself mandating the bank to Contribute to the pension fund in terms of Bank Employees Pension Fund? Regulation: 5. Constitution of the Fund:- (2) The fund shall have for its sole purpose the provision of the payment of pension or family in accordance with these regulations to the employee or his family. (3) The Bank shall be a contributor to the Fund and shall ensure that sufficient sums are placed in it to enable the trustees to make due payments to beneficiaries under these regulations. 1) Is it not a fact that Regulations itself mandating the Chairman and MD of the Bank to implement the pension fund in terms of Bank Employees Pension Fund? Regulation 55. Power to issue instructions:- The Chairman and Managing Director of the Bank may from time to time issue instruction as may be considered necessary or expedient for the implementation of these regulations. IV. Is it not a fact that Regulations itself mandates that in case of doubt, the matter of application of regulations, regard may be had to the corresponding provisions of Central Civil Services Rules, 1972? Regulation 56. Residuary provisions:- In case of doubt, in the matter of application of these relegations, regard may be had to the Corresponding provisions of Central Civil Services Rules, 1972, or Central Civil Services (Commutation of Pension) rules, 1981 applicable for Central Government employees with such exceptions and modifications as the Bank, with the previous sanction of the Central Government, may from time to time determine As per the constitutional obligation, the pay & pension structure, periodical updation of the above privileged class are revised as per the recommendation of independent Pay commission against budgetary allocation which is a charge to the direct expenditure to the exchequer. Whereas, pay structure, periodical updation of the serving employees of Public Sector Banks are revised as per Bipartite Settlements where 9 Unions/Associations under umbrella organization UFBU represents Employees class and IBA representing the Employer-Banks as its representative. Whereas, in case of deprived, unprivileged class of Bank Retirees/ Pensioners they have their own ever growing Pension Corpus Fund and as date balance if such Fund is around Rs.205000 crores as at 31.03.2016 which can easily bear out the cost of periodical updation of pension leaving always surplus fund without causing charge to the expenditure of the exchequer. But, periodical updation of the deprived, unprivileged, helpless, hapless Bank Retirees/Pensioners have been totally neglected and never revised for last three decades despite having their own corpus fund. This sub-class of Bank Retirees/Pensioners who have toiled their energy during their hay days of services for the growth of their Banks have been totally neglected by the Banks attorney IBA & UFBU unilaterally and at this stage, Bank Retirees with begging bowl are at the mercy of the non-cooperative and indifferent Governance. In case of Central Govt employees and others, an independent Pay Commission is appointed as an unbiased institution for suitable recommendations and not as a regulator, whereas in case of Bank Employees and Pensioners, why there should not be a similar unbiased independent Bank Pension Commission instead of IBA which has been appointed by member banks as a mediator to regulate instead of just recommending agency like Pay commission in Central govt. employees? It is already settled & declared by the Central Information Commission (CIC) that Indian Banks Association is not appointed by the Govt, not funded by the Govt, Not even NGO, unauthorized and totally unregistered voluntary organization without any responsibility and accountability. The said IBA is funded by the member Banks out of public funds violating the provisions of the Banking Regulation Act. Whenever, this fact was brought in the form of petition, grievance addressed to the personal attention of your good self, through http://pgportal.gov.in , the same has been repeatedly declined & closed at the pgportal level itself citing that IBA has informed either the matter is subjudice or pension updation is not permitted or not enabled in the Bank Employees Pension Fund Regulations Act 1995 and it appears that the issue was never brought to your personal attention. In order to The following are the petitions registered with Public Grievances Portal & reported as closed citing the above reasons: (1) PMOPG/E/2016/0582101, (2) PMOPG/E/2017/0123160, (3) PMOPG/E/2017/0163262, (4) PMOPG/E/2017/0171644, (5) DOPPW/E/2017/05209, (6) PMOPG/E/2017/0200371 (7) DOPPW/E/2017/03836, (8) DOPPW/E/2017/06222 Genuine approval of 2nd Option Pension in PSBs conveyed to IBA vide Govt of India, Ministry of Finance vide their letter No. D.O.10/30/7/2010-IR dated 10.07.2012 was misrepresented, twisted, misinterpreted prejudicially through their letter No. HR&IR/KU/GOVT/G2/6223 dated 11.07.2012 while conveying to the Public Sector Banks and thus played its biased tactics. When such is the case, IBA being party along with UFBU to the wage settlements, how can you expect natural justice in resolving the public grievances? IBA an unregistered organization even before ALC/CLC has declared that it is only facilitating wage revision on behalf of the Member-Banks without any responsibility and accountability and also declared that it cannot be dragged into any legal proceedings. IBA due to its anti-pensioners stance has been always successful in denying & depriving the updation of pension to the Bank Retirees/Pensioners. Another notorious decision directly attacking the Retirees in respect of Health Insurance scheme to Retirees where, Retirees are made to shed heavy premium more than their 2 months Pension in many cases and is it fair on the part of the Government? As the matter concerns all Bank Retirees/Pensioners and the grievances are not brought to your personal attention by the pgportal, the same is also being perused through www.Change.Org eliciting support from the public and so far 6225 people have supported our genuine cause and the pace of support is still on. In this regard, original Petition was started by a TEAM Jayaprakash, Jayaraman, Jayaram, HSN Murthy, HS Vasudeva Rao and Vijayalakshmi on 12.12.2016 addressed to your good self and to Arun Jaitlyji followed by repeated follow up besides detailed justification was also submitted on 06.04.2017, but neither the same has been responded nor redressed our common grievances. Sir, at least now, please spare 10 minutes of your precious time out of your busy schedule to comprehend the burning issues of the Bank Retired/Pensioners and kindly decide whether the following issues are genuine or not and whether there is any disparity with CCS Pension Rules, 1972 and accordingly take a decision either to allow the legitimate rights or allow the Retirees to perish. 1) Periodical updation of Pension 2) 100% DA neutralization 3) Improvement in Family pension 4) Raise the limit of Income Tax from Rs. 3 lakhs to Rs. 5 lakhs 5) Provide medicines at 30% flat discount to Senior Citizens on submission of Adhaar Card 6) Pension is not a bounty based upon the sweet will or grace of the Employer 7) Supreme Court Judgment reiterates 8) Govt. should not perpetuate. You are certainly aware now a days the Senior Citizens have become burden to their children, helpless, hapless and losing self-respect & dignity in their own house due to financial bankruptcy apart from the ill treatment meted out by the Government. Sir, we the Senior Citizens have also elected you with a hope that you will care for us instead we have been left in lurch making them curse all concerned responsible for their present state of deplorable & disgraceful living. Hope being yourself a senior citizen will pay your personal attention & be considerate to the urgent needs of the Retirees/Pensioners. SCRAP IBA AND APPOINT INDEPENDENT PENSION COMMISSION FOR BANK RETIREES