IBA NOT COMPLYING PARLIAMENT PASSED RULES DOPT ORDERS BANK EMPLOYEE PENSION REGULATIONS

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Petitioning Office of the Minister Of Law &Justice, Shashtri bhawan, Rajendra Prasad Road New Delhi 110001 Shri Ravi Shankar Prasad Hon’ble Cabinet Minister and 2 others

1.  INDIAN BANKS ASSOCIATION NOT COMPLYING SUPREME COURT JUDGMENTS, BANK EMPLOYEES PENSION REGULATION 1995, CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981, DOPT GUIDELINES DATED 02.03.2016 

2.  GRIEVANCE AGAINST ILLEGITIMATE RECOVERY OF COMMUTED VALUE OF PENSION FROM THE DATE OF RETIREMENT FROM BANK RETIREES RETIRED DURING 01-11-2012 TO 25-05-2015.

PETITIONER---  ANIL JAIN LUCKNOW INDIA

 DEAR SIR

CONSEQUENT UPON SIGNING OF 10TH BIPARTITE SETTLEMENT/JOINT NOTE DATED 25.05.2015. BANK RETIREES  RETIRED FROM DIFFERENT PUBLIC SECTOR BANKS DURING THE PERIOD 01.11.2012 TO 25.05.2015, WERE SUBJECTED TO ILLEGAL RECOVERY OF COMMUTED VALUE OF PENSION FROM THE DATE OF RETIREMENT.

THE BASIC ISSUE RAISED IN THE GRIEVANCE IS THAT RECOVERY OF COMMUTED VALUE OF PENSION FROM RETROSPECTIVE EFFECT, HAS VIOLATED THE BANK  EMPLOYEES PENSION REGULATIONS 1995 AND CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981  DETAILED AS UNDER:

1. THE BANK EMPLOYEES PENSION REGULATION 1995 CLAUSE 41(6): THE REDUCTION IN THE AMOUNT OF PENSION ON ACCOUNT OF COMMUTATION SHALL BE OPERATIVE WHEN THE COMMUTATION BECOME ABSOLUTE THAT IS WHEN IT IS PAID.

2.   A REFERENCE MAY BE INVITED TO REGULATION 56 OF PENSION REGULATION 1995 WHICH SAYS THAT, IN THE MATTER OF APPLICATION OF THESE REGULATIONS, REGARD MAY BE HAD TO THE CORRESPONDING PROVISION OF CENTRAL CIVIL SERVICE RULES 1972 OR CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981.

3.      THE REGULATION 6(2) OF CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981 STATE THAT IF THE PENSIONER IS PAID THE COMMUTED VALUE IN TWO OR MORE STAGES, THE REDUCTION IN THE AMOUNT OF PENSION SHALL BE MADE FROM THE RESPECTIVE DATE OF THE PAYMENTS.  FURTHER REFERENCE MAY BE INVITED TO REGULATION 10 ON RETROSPECTIVE REVISION OF FINAL PENSION AND REGULATION 10A ON RESTORATION OF THE COMMUTED VALUE OF PENSION, WHERE COMMUTED VALUE OF PENSION IS PAID IN TWO OR MORE STAGES ON ACCOUNT OF UPWARD REVISION OF PENSION, THE SAME WILL BE RESTORED AFTER 15 YEARS FROM THE DATE OF RESPECTIVE COMMUTATION.

4.CONSEQUENT UPON 7TH BPS/JOINT NOTE EFFECTIVE FROM 01.11.1997 / 01.04.1998  AT THE TIME OF RE FIXATION OF PENSION ,BANK OF MAHARASHTRA REFERRED THE ISSUE TO IBA WAY BACK IN 2001-02.. THE IBA AT THAT TIME MADE IT CLEAR THAT THE COMMUTATION WILL BE ABSOLUTE FROM THE DATE OF ACTUAL PAYMENT OF COMMUTED VALUE AND THE ADDITIONAL COMMUTED AMOUNT WILL BE REDUCED FROM BASIC PENSION FROM THE DATE OF ACTUAL CREDIT OF COMMUTED VALUE OF PENSION IN THE ACCOUNT.

5.      FROM THE FORGOING IT IS CLEAR THAT COMMUTED VALUE OF THE PENSION CAN BE REDUCED, ONCE THE COMMUTATION BECOME ABSOLUTE, THAT IS WHEN IT IS PAID. HENCE RECOVERY OF COMMUTED VALUE OF PENSION  FROM RETROSPECTIVE EFFECT OF DATE OF RETIREMENT  HAS VIOLATED THE PENSION REGULATION 1995 AND CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981. THE RULES ARE VERY EXPLICIT WHICH SAYS THAT 2ND INSTALLMENT OF COMMUTED VALUE PAID  IN JULY 2015 DUE TO REVISION OF WAGES WILL BE RESTORED IN JULY 2030, NOT FROM 15 YEARS AFTER THE DATE OF RETIREMENT.

6.      BANK RETIREES RETIRED FROM 01.11.2012 TO 25.05.2015 AND THE FIRST COMMUTATION BASED ON OLD BASIC BECAME ABSOLUTE ….. WHEN IT WAS PAID  AND ACCORDINGLY PENSION WAS REDUCED .

7.      CONSEQUENT UPON WAGE REVISION THE 2ND STAGE INCREMENTAL COMMUTATION WAS ABSOLUTE IN JULY 2015 WHEN IT WAS PAID. ACCORDINGLY THE PENSION SHOULD STAND REDUCED FROM JULY 2015 TO THE EXTENT OF COMMUTED VALUE OF 2ND STAGE INCREMENTAL  COMMUTATION .

8.      THE ABOVE INTERPRETATION IS BASED IBAs OWN INTERPRETATION IN 2001-02,  PENSION REGULATIONS 1995 AND CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981 AS WELL AS  .

 9.      THE IBAs INTERPRETATION THAT COMMUTED VALUE OF THE PENSION BEING EXCESS PENSION PAID HENCE RECOVERED IS VIOLATING ITS OWN INTERPRETATION AND IS NOT IN ORDER AND VIOLATED THE AFORESAID CLAUSE OF PENSION REGULATIONS 1995 AND CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981. MORE OVER THE 10TH BPS AND JOINT NOTE IS TOTALLY SILENT ON BANK’S INTERPRETATION.

 9.      A REFERENCE MAY BE INVITED TO SUPREME COURT JUDGEMENT IN G.PALANI &OTHERS VS BANK OF BARODA (APPEAL NO. 5525 OF 2012) DATED 13.02.2018 WHERE THE HON'BLE DECIDED THAT ANY MODIFICATION THROUGH  JOINT NOTE, HAD NO LEGAL VALIDITY UNLESS THE MODIFICATIONS ARE EFFECTED IN REGULATIONS (READ PENSION REGULATIONS).

 12.BANK EMPLOYEES PENSION REGULATION 41 DEALS WITH COMMUTATION. ACCORDINGLY THE OPTION FOR COMMUTATION CAN BE EXERCISED ONCE . THERE IS NO CONCEPT FOR SECOND TIME COMMUTATION. IN VIEW OF THE AFORESAID HON’BLE SUPREME COURT JUDGMENT, THE UNDERTAKING OBTAINED FROM RETIREES FOR INCREMENTAL COMMUTATION WAS ULTRAVIRES, NO FORCE OF LAW, CONTRARY TO CENTRAL CIVIL SERVICE RULES COMMUTATION OF PENSION RULES 1981, CONTRARY TO BANK EMPLOYEES PENSION REGULATION 1995.

 10.  TAKING COGNIZANCE OF THE VARIOUS SUPREME COURT JUDGMENTS, THE DOPT. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSIONS, GOVT. OF INDIA VIDE THEIR OFFICE MEMORANDUM  NO F.NO18/03/2015-ESTT(PAY)  DATED  02.MARCH 2016 DIRECTED NOT TO MAKE ANY RECOVERY FROM THE PENSIONERS  EVEN EXCESS/ WRONGFUL PAYMENTS MADE TO THEM.

 IN VIEW OF THE AFORESAID, WE REQUEST YOU TO DIRECT THE IBA TO INSTRUCT THE BANK's TO REFUND THE COMMUTED VALUE OF PENSION, RECOVERED ILLEGITIMATELY TOGETHER WITH INTEREST.

 YOURS FAITHFULLY,

 (ANIL JAIN)

18/97 INDIRA NAGAR

LUCKNOW -226016

MOBILE: 8765295422

E MAIL:anilpoonamjain@rediffmail.com

 petition will be delivered to:

·Office of the Minister Of Law &Justice, Shashtri bhawan, Rajendra Prasd Road New Delhi 110001
Shri Ravi Shankar Prasad Hon’ble Cabinet Minister

· 4th Floor, ‘A’ Wing, Shashtri Bhawan, Rajendra Prasad Road, New Delh
Ms Snehlata Shrivastava

·  Honble Mr. Justice Deepak Mishra  chief justice of india

 

 

 



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