Jayaprakash NBangalore, India
May 22, 2017
22.05.2017 To: Sri. Narendra Modiji, Hon'ble Prime Minister of India, Copy to: 1) Sri. Arun Jaitliji, Minister of Finance, 2) Smt. Sumithra Mahajan, Speaker of Lok Sabha, Reg: Banks Retirees : Supreme Court decision in Civil Appeal No.1123/2015. It is surprising that a land mark judgement delivered by the Supreme Court of India on 01.07.2015 in Civil Appeal no. 1123 of 2015 has not been brought to your knowledge by MOF or IBA despite its much importance & opportunity to tackle in one go the subsisting issues of lakhs of Bank Retirees/ Pensioners & why no union/ association has taken any steps in this regard. The salient features of the judgement is as under: 1. The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension. 2.The judgement has recognised that the revision of pension and revision of pay scales are INSEPARABLE. 3.The bench has reiterated that revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the pre-revised scale. 4.The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners. 5.The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation. 6. When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, upgradation of pension is also a RIGHT AND NOT A BOUNTY. THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE. The judgement is very clear and wonder how such an important aspects have not brought to the knowledge of the PM/FM particularly by IBA which is responsible for allowing multiple litigation for the sake of litigation. Why UFBU or Bank Retd Associations have not reacted to the judgement so far is also surprising and perplexing. While continueing agitations on the issue, why can't UFBU or Retd Associations take recourse to Supreme Court citing its own land mark judgments in various cases right from Nakara case to instant Civil Appeal No. 1123/2015. One ruling by SC that govt can't deny pension & it's periodical updation is a unchallenged verdict and failure to abide by it attracts Contempt of Court. The original petition addressed to Hon'ble PM/FM was submitted on 12.12.2016 by TEAM Jayaprakash, Jayaraman, Jayaram, HSN Murthy, HS Vasudevarao, Vijayalakshmi and also submitted detailed justification citing various court orders on 06.04.2017 followed by persistent reminders but all in vain. The issue was repeatedly lodged in http://pgportal.govt.in & every time, but, the same was unilaterally closed citing reason as subjudice on the prejudicial recommendations of IBA.We request the Retirees to lodge as many individual petitions as possible till the factual, rightful position is brought to the knowledge of PM/FM. The petition was also stands lodged in www.Change.Org seeking public support with persistent follow up. So far 6350 people out of lakhs of Retirees have supported our endeavour and pace of support is still on. While sincerely thanking one & all for their support, we request for increased momentum in support base till the matter reaches the decision makers. Please login www.Change.Org, type Jayaprakash to find original Petition and mark your support. Hon'ble PM/FM are requested not to ignore this letter & read it till the end along with our original petition and decide, whether you are really concerned about Bank Retirees/Pensioners. Sir, Please take a firm decision that will not only solve lakhs of Bank Retirees grievances at one go, lakhs of perpetrated cases pending in various courts will be closed & reduce buden on Courts, but will also save huge public money sqandering on such perpetuated legal proceedings. Hope the matter will be given utmost importance. Thank you.
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