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Confusion Continues for Left Over 2nd Pension
Optees - Mysterious Silence of IBA, UFBU Leaders on GoI
Letter
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Ads by Google by Rajesh Goyal
Anna Hazare has been forced to almost surrender by a deaf Congress Government and opposition. Team Anna got tired of fasts and explaining every Tom and Harry about their good intentions and just cause. Media and political leaders were able to create an impression of suspicious intentions of Team Anna. Frankly speaking slowly I am also feeling frustrated with the constant deafness of IBA and Union leaders on the issue of 2nd Pension option to left over bankers. In the comments on my one of the articles, one person has called me as "Spokesperson of IBA and trying hard to break strongest union of Indian work force by writing immature articles". (Similarly, Anna was dubbed as BJP / RSS man!) It was so funny to read such a comment. Was it a stray comment or some union leaders have started the campaign to defame AllBankingSolutions.com. We are not worried, time will bring the truth.
To continue the movement for long periods is always fraught with the dangers of disinterest from the public. We are also in dilemma as to how frequently we should write on this issue. Slowly, readers may start saying, "these VRS optees and resignees are in the habit of always cribbing. Dump them". If this happens, it will be a victory of IBA. I hope our readers will be more sympathetic towards the rights of the retired bankers and bear with us and continue us to support. Anyway, unlike Team Anna, we have decided to continue our fight for the left over bankers who must get 2nd Pension option.
I would like to update our readers about the recent developments. Now bankers are aware that a few weeks back, a circular appeared and SMS were received by some bankers that 2nd pension option has been cleared by GoI for left over bankers. However, that proved to be hoax. Now for last few days again, we are receiving reports that vide letter dated 25th July, 2012, GoI has issued instructions to IBA for giving 2nd pension option to left over bankers. However, we are not able to confirm the same as IBA is maintaining dead silence and UFBU is not forthcoming with any confirmation or denial of such reports.
You can read a copy of the so called letter sent to IBA from GoI by clicking on the link given below :-
Click Here to Read the So Called Letter sent to IBA
The above is a PDF file in circulation at net. As per this communication DO No 10/30/7/2010-IR dated July 25, 2012, IBA has been instructed to release 2nd Pension option to left over bankers. However, a reading of the same does not give us confidence that it is a true copy as language does not appear to be official language. (I wish we are proved wrong). The contents are too plain and exhaustive. Therefore, we would not like to comment on the contents of this letter under circulation.
[Update of 9th August, 2012 9.00 AM: We would like to update our readers that we have received latest feedback which indicates that the above letter is authentic but IBA is taking its own time and may be seeking certain clarifications before banks are advised. Congratulations to all those bankers who have been fighting for this cause for long time].
If the above letter proves to be true copy, it will be a great achievement provided IBA and banks take it in the right spirit. In case it is a fake letter, then it is very important to know that who are the people playing with the sentiments of senior bankers who are already fighting with their backs to wall.
Based on the above letter in circulation, some retired bankers have already taken up the issue with IBA and other organisations. However, it is really surprising that neither IBA nor UFBU leaders deem it fit to issue clarification on such rumors so that retired bankers know the truth.
We give below two letters sent to IBA by different readers who are senior retired bankers and are do regular follow up of the issues for the benefit of the bankers. We have to wait till the truth comes to light.
Copy of the Letter sent by Shri S. Ramachandran Ads by Google
DEAR SHRI MISHRA, CHAIRMAN OF IBA
7 SEND REVISED COPY OF THE CIRCULAR TO THE HIGH COURTS WHEREVER WRIT PETITIONS
ARE PENDING THROUGH YOU ADVOCATES ASKING THEM TO TAKE NOTE OF THE SAME.
THANKING YOU,
****
Copy of the Letter Sent to IBA by Mr Premanand Pai
Place : Udupi Date : 07/08/2012
To
The Chairman Indian Banks Association World Trade Centre Complex Regd AD Centre - 1, 6th floor, Cuffe Parade Mumbai - 400 005.
Dear Sir,
Ref : Abuse of confidence reposed by Govt, of India in you in the matter of extension of second option to Bank Employees who are/were in service as on 29/09/1995.
I. The contents of letter DO No. 10/30/7/2010-IR dated 25/07/2012 from Govt. of India addressed to Shri Alok Kumar Mishra as Chairman have not remained secret any longer. In the said letter the Govt. has alleged that it is you who while communicating the approval of Govt. on 10/08/2010 incorporated the word "on superannuation" and stated that the scheme would apply to all those who ceased to be in service on account of retirement on superannuation, death or on account of VRS under special scheme. Govt. of India has further alleged that this is clearly contrary to the approval of the Government which was accorded on 10/08/2010 on the lines of what was agreed to in the joint note dated 27/04/2010. At the end of its above letter Government has stated that taking into consideration that there has been huge litigation on the above issue and after due examination it has been concluded that the benifit of 2nd option should have been extended to all those who retired from the service of the Banks in the period from 29/09/1995 to 27/04/2010 and not just those who retired on superannuation. You were directed by Govt. to withdraw the word "on superannation" as contained in your circular letter dated 10/08/2010 issued to Public Sector Banks on the subject and to advise member banks accordingly.
II. Enquiries made by me with some banks showed that none of them have received any communication from you till date. It is quits intriguing as to why you are asking so much of time to advise member banks, while in the previous occasion on 10/08/2010 you have acted with lightening speed as the approval of Govt. dated 10/08/2010 duly distorted by you was communicated the same day vide your circular letter No. CIR/HR & IR/G2/665/90/2010-11/99.
III. The IBA alone is responsible for creation of the present status of ambiguity not only in the settlement dated 27/04/2010 but also in the earlier settlement dated 29/10/1993. Every time IBA creates problems and try to pass on the buck on the shoulders of Govt. Every one expected that IBA would advise member bank on 25/07/2012 itself as in the past. In the letter dated 25/07/2012 Govt. of India has indirectly indicted IBA and expressed its displeasure for having brought bad name to it by adding the word "on superannuation" and adopting irrational approach without their approval causing mental agony and hardship to few hundreds of VRS optees and their families.
IV. The joint note dated 27/04/2010 was signed by none other than IBA and Trade Unions. Only those two parties and certainly not Govt. of India which is not a party to joint note are in a better position to make any amendments to the joint note in due course to bring few more categories of employees within the submit if pension scheme. Certainly none of them have any authority to delete the categories of retirees who are already made eligible in terms of existing Bank (Employees) Pension Regulations 1995 without giving cogent reasons. It is pertinent to note that settlement dated 27/04/2010 is meant to meet a single purpose of granting one more option to all employees in service as on 29/09/1995. Other eventualities as to what should happen if one superannautes or retires under one time special VRS 2000-2001 or retires under permanent VRS in terms of BOSR 1979/1982, or Retired compulsorily as a punitive measure, or retires under Deemed Retirement scheme or prematurely retired or retired on a physically invalidity basis during the prescribed period would come into play only after 2nd option is exercised or rejected by employees. Once the employees or legal heirs of deceased employees opt to accept the existing scheme of pension, then other things are to be decided in terms of existing Bank (employees) Pension Scheme 1995.
V. There are rumours in the air that IBA is now planning to entangle Govt. of India by seeking a clarification from them as to whether RESIGNEES should also be treated as Retirees. Govt. on the other hand does not like to fall a prey to the cunning plan of IBA. If the rumours are true, it is nothing but one more effort by IBA to spoil resolution of the long pending dispute by few more months. No doubt IBA is also in a fix because of recent pronouncements by few High Courts whereby Resignees who have completed minimum period of qualifying service are also declared as eligible for pension scheme. Now if IBA advices member banks to exclude RESIGNESS. IBA and banks will be liable for action under Contempt of court Act. If IBA advises member banks to extend pension to RESIGNEES, they would be overstepping section 22(1) of Bank (Employees) Pension Regulation 1995. "RESIGNATION" is not so far defined either under Pension Regulations or under Banks officers service Regulations 1979/1982. Govt. may not be in a position to give any clarification until a final verdict is given by Supreme Court of India or a supplementary settlement is signed by IBA with Trade Unions and Pension Regulations 1995 are amended.
VI. To overcome this situation, I personally suggest that IBA may convene a joint meeting immediately of Trade Unions and enter into a supplementary settlement joint note to define the word "Resignation" and to make all employees in service as on 29/09/1995 but ceased to be in service thereafter between 29/09/1995 and 27/04/2010 after completion of 20 years of service and after giving 3 months notice irrespective of the route selected /available for leaving service in different banks.
However till such a supplementary settlement /joint note is arrived at or Govt. gives mandate to IBA to extend 2nd option to "RESIGNEES" or Supreme court of India gives a final verdict, which ever is earlier, the process to extend 2nd option to all other catagories of retirees in terms of directions dated 25/07/2012 of Govt. shall not be stalled. If you have any doubt about Resigned Employees only, you have no authority to keep on hold the implementation of clear directions given by Govt. of India on 25/07/2012.
Thanking you,
Yours faithfully,
(Shri A. Premanand Pai) S/o A Panduranga Pai "ANJANA" Ist Cross 5th Main Road V.P.Nagar Udupi - 576 102 Karnataka. Mobile No. 94490 49041.
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