A. COMPLAINANT’S DETAILS From: JAYAPRAKASH .N Ex Senior Manager at Punjab National Bank, No. 121, 3rd Main, 3rd Phase, 6th Block, 3rd Stage, Banashankari, Bangalore-560085 Mobile No. 9902889812 :: email: njayaprakash18@gmail.com Date: 01.06.2018 To: National Human Rights Commission Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi – 110023 Email; jrlaw@nic.in (for complaints) Complaints maybe filed online by clicking on the following link: http://164.100.51.5/HRComplaint/NewHRComplaint.aspx Sub: Violation of fundamental right to life as guaranteed under Article 21, 41 & 309 of the Constitution of India Social and Civil Rights and Economic Rights under Right to life, liberty, Right to security of Person, Right to property, Right to adequate standard of living and Right to social Security. – NHRC Initiative- Victims: Unreasonable and unjustified denial of fundamental right under Article 21 to all Bank Retirees / Pensioners in respect of: (1) Periodical Updation of Pension & (2) Improvement in family pension and (3) Additional contributions from the Retirees unauthorisedly & illegally collected in the 9th Bipartite Settlement to fill the gap in the Fund which is in total violation of the Regulations. And such unauthorized funds wrongly collected violating the Regulations needs to be refunded with up to date interest. My Complaint No. 411/10/1/2018 lodged with Office of NHRC has been unilaterally & inhumanly dismissed citing that Service matters are not entertained as per their procedures. This is in continuation of my Original Complaint dated 21.04.2018. I would like to highlight that Complaint is not a service matter, but, matter of violation of fundamental right to live with dignity under Article 21, 41 & 309 of Constitution. When NHRC observes that it is a service matter, the Indian Banks Association, a representative of All Banks & Union Ministry of Finance categorically says there is no "Contractual Relations" between the Bank Retirees & the Bank. Various Court of law reiterated from time to time that relationship between Retirees & Banks are inseparable and Updation of Pension to Retired Bankers is not a bounty on the sweet will of the employer, but it is a deferred payment for the goodwill earned by the Retirees during the long period of 30 to 40 years of service. There cannot be different classes of pension to the citizens of India. The Bank Pension Regulations 56 reiterates that upadation of pension shall be done periodically on every revision of Salary as is applicable to Central Govt employees in terms of CCS Rules, 1972 as the Nationalized Banks are the undertakings of the Central Government and the Central Government is the Owner of the Nationalized Banks. Any settlement/Joint Notes signed between any parties affecting the rightful interest of Bank Retirees is void and violetive as they cannot violate the statutory Regulations enacted by the parliament as reiterated by the Supreme Court of India vide its orders dated 13.02.2018 on CA 5525 of 2012. The other judgment orders of Honorable Courts stands already submitted for perusal. Further Regulation 56 clearly envisages as hereunder" "In case of doubt, in the matter of application of these regulations, 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" Even during allowing 2nd option to Retirees, additional amount was collected from the Pension Optees violating Pension Regulation 5 which needs to refund along with up to date interest to the Retirees. It is unfortunate that the Bank Retirees are left in the lurch without any guardians to take care of their welfare. Statutory forums like Tribunals, Courts & Human Rights Commission also does not come to the rescue of the hapless & helpless Bank Retirees, then who will safe guard their statutory fundamental rights? In the opinion of NHRC, if my complaint is treated as service matter qualifying for its dismissal on one side and the Bank Management opines that there is no "contractual Relationship" on othe other side, NHRC should advise, whom to be approached for redressal of the Bank Retirees grievances. The Periodical updation of Pension to Central govt pensioners are against budgetary provisions which is paid from the money of tax payers. Whereas, in case of Bank Retirees, it is from their own contributions accrued from time to time and the periodical updation of pension will be paid from our own funds and does not cost to the exchequer's budget or not to the cost of money from tax payers. I request you to take in to consideration that Our Own Pension Corpus Fund will service the updation amount, No Budgetary allocation required, Pension is not a bounty based upon the sweet will or grace of the Employer, Supreme Court Judgment reiterates, Govt. should not perpetuate litigation for the sake of litigation and accordingly pass appropriate orders for sanctioning the following in favour of Bank Retirees/Pensioners demand of: 1. Periodical Updation of Pension, 2. Improvement in family pension and 3. Additional contributions from the Retirees unauthorisedly & illegally collected in the 9th Bipartite Settlement to fill the gap in the Fund which is in total violation of the Regulations. And such unauthorized funds wrongly collected violating the Regulations needs to be refunded with up to date interest. In view of the above, I humbly request NHRC to reconsider my Complaint and pass suitable orders on humanitarian grounds without perpetuating legal proceeds and help the Bank Retirees to live a decent & dignified life at the sun set of their lives. Hope the issue will be reconsidered by initiating lawful, humanitarian proceedings to reinstate natural justice to the Bank retirees who have been undergoing untold agony & misery for last 23 years. With Regards, JAYAPRAKASH. N