Initiativies by Trivandrum based bank pensioners

Our bankpensioner group member Shri K.T. Rajgopalan from Trivandrum has reported some steps that have been taken in the recent past by bank pensioners in Trivandrum.

On 19 July 2011, a day-long dharna was organised at a public place which was addressed by an MP, an MLA, the Mayor, leaders of organisations of serving employees of all cadres in banks, leaders of organisations of retirees in other sectors etc. Thus the problems encountered by bank retirees were brought to the notice of the opinion-makers and the public at large.

A letter to the editor written by Shri C P Velayudhan Nair highlighting the woes of the bank retirees was published in the Mathrubhoomi Daily a month back. A detailed letter to the editor written by Shri R Gopalakrishnan Nair on the subject was published in the Janayugom Daily this week.

A resolution espousing the cause of bank retirees was passed in the area meeting of the Communist Party of India at Bharanicav, which was escalated to the District meeting and then to the State level meeting. The resolution is now ready for being presented before the National meeting scheduled to be held in Patna next month.

Efforts are afoot to move a similar resolution passed at the National meeting of the Communist Party (Marxist) scheduled to be held soon in Calicut.

Letters highlighting the plight of a bank pensioner who retired, say in 2001 with that of a 2011 retiree were sent by individual retirees to the Member of Parliament in his constituency.

Memoranda listing the issues of updation of pension, 100% DA neutralisation and uniform medical facilities were submitted to MPs like Dr Shashi Tharoor and A Sampath from Trivandrum. Members in other centres in Kerala too have taken similar steps and met the MPs from their respective areas.

Learning that a Parliamentary Committee was visiting the city, with the help of the Management and serving officers, an appointment was fixed up with them on the 13th Feb. The opportunity was used meet each of them individually when the issues were explained in detail and a memorandum handed over to each of them. Thus, at least a few MPs from different geographies and subscribing to different ideologies have been briefed.

The MPs from Kerala had been invited by the Chief Minister for a meeting on the 16th Feb. We used the opportunity to call on them and apprise them of our condition. They have agreed to take up our case at the appropriate level.
Efforts continue to project our concerns.

If retirees at other centres can replicate these steps, there would be greater awareness among the policy-makers and opinion-makers which can turn the tide in our favour sooner than costly and laborious litigation.

Increase in D.A. rate from. Feb 2012

D.A. Rates for Pensioners (%) – 60 Slabs more

Retired prior to 01-11-1992 - 979 Slabs over 600 points
Upto 1250    1251-2000    2001-2130    Abv 2130
  655.93%         538.45%     323.07%      166.43%

After 01-11-1992 upto 31-03-1998 - 842 Slabs over 1148 points
Upto 2400    2401-3850    3851-4100    Abv 4100
   294.70%      244.18%    143.14%        75.78%

After 01-04-1998 upto 31-10-2002 - 708 Slabs over 1684 points
Upto 3550    3551-5650    5651-6010    Abv 6010
169.92%       141.60%       84.96%          42.48%

Retired on or after  1-11-2002 - 557 Slabs over 2288 points

For the entire Basic Pension Amount    100.26%
Retired on or after  1-11-2007 - 420 Slabs over 2836 points
For the entire Basic Pension Amount    63.00%

D.A calculator is available for calculating revised D.A. and difference. For calculating D.A , enter basic ( original basic without reducing commutation amount) and click on the calculate button. Revised D.A , Present D.A. and difference will be displayed on the calculator. Select appropriate retirement date range according to the date of retirement.
Click on the following link for  D A Calculator.

D.A. Calculator

HC raps bank for stopping old staffer's pension

MUMBAI: Stating that depriving former employees of their pension rights was an arbitrary move, the Bombay High Court has directed Allahabad Bank to restart the fund of an 87-year-old man.

"Pension constitutes an important source of wherewithal for senior citizens so that they can live the twilight years in dignity," the HC said. Criticizing the nationalized bank's conduct in withholding the pension of an old employee, the court said service conditions set by the state authorities could not be modified arbitrarily.

"The deprivation in the present case has taken place patently in violation of law and flouts the guarantee of equal protection under Article 14 of the Constitution," said a bench of Justice D Y Chandrachud and Justice Amjad Sayed on January 19, while deciding in favour of Shapoor Mehta who retired from Allahabad Bank in 1986 after working there for 39 years.

Last October, the bank discontinued the pension scheme in lieu of gratuity pending amendment to the Officers Service Regulations and stopped paying Mehta a monthly pension of Rs 5,660. In HC, Mehta's counsel K J Presswala said retirement benefits were not a largesse and sudden stopping of pension of an 87 year old who was an "award staff", was blatantly unlawful, unconstitutional and against natural justice. Pension was governed by the Pension Rules that were in force even prior to nationalization of banks and the same terms were to continue later, he said.

Opposing the petition, bank's counsel Ashish Mehta said as the bank, following a Supreme Court order, had to pay gratuity under the Payment of Gratuity Act 1972 only, it was within its rights to stop paying pension. Finding "no merit" in the argument, the HC said, "As a matter of first principle,

Retirement benefits, including pension and gratuity, constitute a valuable right in property.... Where the employer is a public sector firm, the rights are constitutionally protected and their deprivation must stand scrutiny. Employers cannot grant or withhold retirement benefits at their whim and caprice."

Pointing to the flaw in the bank's argument, the HC said the SC held that "pension and gratuity were separate retirement benefits and so, the statutory right to paying gratuity could not be withheld on the grounds that the employees received pension". The HC said the SC judgment "has been met with a reprisal by depriving employees their right to a pension. Nothing more arbitrary can be conceived of." Stopping such payment unilaterally by an executive act was arbitrary as the SC had held that the employees were entitled to gratuity in addition to pension as getting gratuity was a statutory right.

Source: Times of India dtd 25/01/o

Letter by a pesioner regarding bank pensioners' issues

 One of our bank pensioners group members has written a letter to a leading newspaper which is reproduced below

Dear Sirs,

Through your esteemed daily I wish to bring to the knowledge of the government the treatment, meted out to the pensioners of Indian Banks:
While the pay packets of the serving employees continues to grow, the pensioners of the Banks are drawing the same pension, what they were drawing at the time of retirement. While the employees' welfare is taken care of by the unions, who are strong enough to call the shots, no negotiation is held between the management and the retirees' association. To add insult to injury, the pre 2002 pensioners are not given even full D.A. The affected pensioners mostly belong to the category of Special Voluntary Retirees, who opted pension as per the scheme introduced by the banks to trim their workforce. Their expectation was that they would continue to enjoy the benefits of other retirees, but even for, the addition of  legitimate 5 years to  the service as per pension regulations, for fixing the pension,they had to fight a legal battle for over 9 years. Now there is a glaring discrimination as the pensioners of 1998 to 2002 are alone not given 100% DA neutralization, as a result of which at the present DA rates a pensioner is losing around Rs.2000 per month.  While the government preaches one rank, one pension and encourages equality among the pensioners, it is surprising that the poor pensioners are allowed to fight for their cause. The meagre pension which is not updated periodically, added with curtailment of DA puts a pensioner into severe financial difficulties.It is the duty of  bank managements to ensure that their erstwhile employees lead a life of comfort after retirement.  The pensioners mostly senior citizens are too old and less organised to approach the court again, as it is time consuming and many retirees may not live to enjoy the benefits. As such I request the government to look into the matter and permit 100% DA neutralization to all its pensioners, without discrimination and its gesture will go along way to help them to lead a life honourably. It is also a matter of shame that many of the banks do not have a health welfare scheme for its ex-employees who have toiled in no uncertain terms, for the development the institution. I am sure the government will do the needful without further loss of time.

Yours faithfully

G.RAMACHANDRAN
(Retd Canara Bank Sr.Manager)

Top PSB Official Loses Pension Claim

No Good-bye This: Top PSB Official Loses Pension Claim -
  A senior official belonging to a South-based public sector bank was in for a rude shock on his last working day at the bank. Minutes after his colleagues and the bank’s senior management gave him a grand farewell and posed for photograph — the customary ritual as and when a senior official reaches superannuation — the bank chairman took him aside for a chat. What followed was not polite conversation: the chairman handed him a charge sheet, which, according to grapevine, follows a complaint from the chief vigilance commission. “It was very surprising. Only minutes before the chairman had showered praises on him....He can’t claim pension till the commission clears his name,” said a employee of the bank. 

 Source  - Economic Times dtd. 03/01/2012