Petition updateUpdation of Pension to Bank Retirees/Pensioners - out of their own Pension corpus Fund -Petition to Hon'ble PM /FM
Jayaprakash NBangalore, India
Jun 25, 2017 — UPDATE: 26.06.2017 Petition to Hon’ble PM / FM: Sub: (1) Apprehending misappropriation, misapplication, misuse of PF & Pension Funds in Banks (2) Inadequate provisioning to Pension Corpus Fund (3) Nomination of Retired to PF & Pension Trust. (4) Violation of fundamental right to life as guaranteed under Article 21 of the Constitution of India – (5) Impending merger of Public Sector Banks (6) Audit by CAG on Statutory & mandatory provisioning, Responsibility & accountability. RETIRAL PENSION BENEFITS AS A HUMAN RIGHTS – DEMAND FOR AUDIT BY CAG - 01. During the wage revision on 25.05.2015, a damaging Record of Joint Note was signed between Indian Banks Association (IBA) representing all Bank managements and United Forum of Bank Unions (UFBU) representing Bank employees/officers without involving the representatives of any of the Retirees Association resulting in none of the issues of the bank retirees were solved rather wrongfully & unconstitutionally concluded exclusively on following two counts: a) There is no Contractual relationship between the Banks and Retirees once employees are retired b) High cost involved in agreeing to consider: (1) Periodical Updation of Pension, (2) 100% DA Neutralization and (3) Improvement in Family Pension. (4) Denial of 2nd option Pension to left over CRS, CRS, Resignees etc employees. a) In this regard, the relationship between banks and retirees has been dealt and touched upon by Hon’ble Courts as hereunder: • In 1978, in Maneka Gandhi case, it ruled by Honorable lordship that the expression ''life'' did not mean mere animal existence but with dignity, it added another legal leaf in 2008 in Deepak Bajaj case, when it said right to life encompassed a person's reputation as well. • By Supreme Court of India in D.S. Nakara & Others vs Union Of India on 17 December, 1982 Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165 • Supreme Court of India CIVIL APPEAL NO. 1123 OF 2015 [Arising out of SLP(C) NO. 321 OF 2015] State of Rajasthan and Ors. ... Appellants Versus Mahendra Nath Sharma ...Respondent dated 1st July 2015 on the subject of pension in the case titled State Of Rajasthan Vs Mahendra Nath sharma. The Hon'ble Court, inter alia, has reiterated the following tacitly and directly. The salient features of the judgment is as under: - 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. - The judgment has recognized that the revision of pension and revision of pay scales are INSEPARABLE. - The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners. - The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation. (a) (1) The relationship between Bank and Pensioner is Trustee and Beneficiary under Pension Regulation 2(zd) and it is wrong to misinterpret with an intention to cheat the Retirees & deny benefits on the basis of “there is no relationship between Pensioners and Banks”. (b) (1) It is the statutory responsibility of the Banks to periodically systematize the actuaries’ Annual valuation of actuaries made by individual banks needs to be audited by the CAG under Pension Regulations 2 (b) and it is Banks’ sole responsibility to provide, contribute on its own to the Pension Corpus Fund as per Pension Regulations 5(3). With regard to cost factor, the PSU banks have adequate/enough pension funds as on 31.03.2015 with a whopping balance outstanding of Rs.180459.71 crores and that the interest earned on such corpus pension fund itself is sufficient to service and payment of periodical pension & updation, further monthly contributions from employees and interest earned on such funds are added to the corpus fund, thereby there is accrued annual growth in the funds of the banks. (b) (2) Further, the numerical strength of the Pensioners under deferred Pension as per Pension Regulations 1995 is already known and predetermined without further addition as the Pension payment of persons joining Banks after 01.04.2010 are under defined Pension i.e. New Pension Scheme (NPS). Thus, the servicing of pension and cost of updation etc., of the existing Pension optees can be sufficiently met by interest alone earned on their own accumulated & growing Pension Corpus Fund without a burden on exchequer through budget allocation. (b) (3) The IBA has been miserably failed to adopt all the other General Conditions etc., of Clause No. 12 of the Pension Settlement dated 29.10.1993 and always fraudulently misled the Retirees and the Courts by giving false information about the Pension Fund position of all the Banks and thereby mentioning that Banks Financial position cannot afford to fulfill the demands of the Banks’ Pensioners. 02. In the absence of clear cut transparency in managing of Pension Funds by individual Banks, it has come to the knowledge of all Retirees that it has been intensely, strongly suspected apprehension that all banks en-masse have stopped statutory Bank contribution as per Regulation 5(3) to Pension Fund on regular monthly basis and in the garb of filling the unsubstantiated gap, an additional contributions at 56% from the arrears paid to the servicing & retired employees was also collected unconstitutionally in the 9th Bipartite Settlement in total violation of the Pension Regulations 5 (3) and the unconstitutional recovery of such additional amounts from the serving & retired employees needs to be refunded forthwith with up-to-date interest as an unholy nexus of such understanding reached has not been got legalized by gazette notification even after 7 years. 03. The CCS Rules, 1972 equally applicable to Bank Retirees in terms of Regulation 56 of Bank Pension Regulations, 1995 in the matter of Pensionary benefits to Bank Retired/Pensioners as Government of India is the Employer being the owner of all Public Sector Banks getting periodical Dividends and also by virtue of Regulator of all Banks is now initiating merger of Banks based on weak performance. Every citizen is well aware, how corporate borrowers have defaulted led to weakening of Banks and for no fault, the Serving and Retired employees are being victimized & deprived of their fundamental right under Article 21. 04. As the IBA, GOI, individual banks, RBI, UFBU have not taken care of our Bank Retired/Pensioners issues, and there is no transparency in the wage revision negotiations, any member of the public having sufficient interest can maintain an action for violation of human rights/judicial/ administrative/ executive redress for public injury arising from such breach of public duty or from violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provision to demand Updation of pension etc., as applicable to Pensioners of State and Central Government and other similar Institution as per Article 21 of the Constitution. 05. In order to confirm strict compliance of Statutory & mandatory provisioning, Responsibility & accountability of Bankers towards periodical contribution of Funds from its own to Pension Fund and to remove any Apprehension of misappropriation, misapplication, misuse and inadequate funding of Pension Corpus Fund and to know the mismanagement of Pension Fund if any and to redress or stop Violation of fundamental right to life as guaranteed under Article 21 of the Constitution of India, it is strongly entreated that Pension Fund of all individual Banks shall be subjected to Financial, Performance & Compliance audit by Comptroller & Auditor General of India (CAG) to assess the economy, efficiency and effectiveness of implementation of the schemes by the Pension Funds managed by all & individual Banks right from 1995 to 2017. 06. This demand for CAG will further strengthen to clear any anomaly, violations in management of Pension Funds maintained by Individual Banks and messing up the portfolio before issuance of Notification for merger of any Public Sector Banks. It is hereby demanded that a separate Bank Pension Commission be constituted and All the Bank Retirees Association under one unified entity may be involved to negotiate the Bank Retirees issues in future besides nominating Retiree/pensioner to the individual Bank PF & Pension Fund Trust for transparent management of the Trust Funds. The original petition was initiated by TEAM Jayaprakash, Jayaraman, Jayaram, HSN Murthy, Vasudevarao & Vijayalakshmi & submitted on 12.12.2016 followed by detailed justification submitted on 06.04.2017 based on judicial pronouncements passed in various cases monitored through periodical updation. The petition has been repeatedly lodged in http://pgportal.gov.in but the same has been prejudicially disposed of neither giving proper justification nor giving personal hearing to the petitioners. The petition was also lodged in www.Change.Org seeking public support to bring moral pressure on the decision makers. We express our sincere thanks to 6800 people supported our cause so far and the pace of support is still moving on. ALL BANK EMPLOYEES & RETIREES ENMASS DEMAND FOR FINANCIAL, PERFORMANCE AND COMPLIANCE AUDIT UNDER ARTICLE 149 & 151 BY COMPTROLLER & AUDITOR GENERAL OF INDIA (CAG) IN RESPECT OF INDIVIDUAL BANK PENSION FUNDS FOR THE PERIOD FROM INCEPTION OF BANK PENSION REGULATIONS FROM 1995 TO 2017 TO SAFE GUARD THE INTEREST OF ITS BENEFICIARIES Viz. BANK EMPLOYEES/RETIREES/ PENSIONERS. It is hereby requested that all Bank Employees / Retirees may file as many individual petitions and endorse support online by login into following portals to bring moral pressure on the decision makers seeking reinstatement of natural justice & protecting the fundamental right under Article 21 in favour of the Bank Retirees at least in the forthcoming XI bipartite settlement. 1.http://164.100.51.5/HRComplaint/NewHRComplaint.aspx 2. http://pgportal.gov.in 3. www.Change.Org Search Petitioner Jayaprakash and support the petition Thank you, Team Jayaprakash
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