We are pleased to inform you that the Society has filed Writ Petition in Hon’ble Supreme Court on 15.03.2019, under Article -32 of Constitution of India with prayer to direct Union of India to sanction updating pension and improvement in family pensions. The brief on the matter is as under - Why directly in Supreme Court? We have approached directly to Hon’ble Supreme Court under Article 32 of the Constitution for justice for the reasons -
a. The members of petitioner society are old pensioners from all over the country. They are in average age of nearing 75 years. Many of the pensioners have already expired.
b. The petitioners have knocked the doors of the authorities, Ministry, Associations etc but all the doors were found to close for the petitioners and moreover Indian Bank’s Association (IBA) has disowned the pensioners of Nationalised Banks.
c. The members of petitioner society are from different part of the country, it will be not feasible to approach different High Courts as the grievances and the prayer of the pensioners are the same.
d. Further being of old age poor pensioners, the petitioners cannot afford the time spent and the cost in the litigation before different forums.
e. Moreover the issue involved in the present case is direct violation of the Fundamental rights of the petitioners as guaranteed under Article 21 of Constitution of India, which is amenable to the Writ jurisdiction of this Hon’ble Court under Article 32 of the Constitution.
f. Many old aged pensioners are in the stage of starvation, therefore the present petition is being filed with a prayer to issue necessary suitable direction to the Government of India, for sanction of updating pension for pensioners of Nationalized Banks/Petitioners.
g. The above described pitiable condition of Bank pensioners is for the only reason, that their pensions have never been updated and the pensioners are being given Pension based on the Pay last drawn by them at the time of their retirements.
h. The amount thus being paid by Nationalised Banks to the pensioners / families (widows/widowers) of retired employees is not sufficient to meet even ones’ survival needs and, it is violation of Constitutional Right to Live, with dignity Guaranteed under Article -21 of Constitution of India.
The Grievances and Reasons for filing the Present writ:
1. Disparity with Central Govt. Employees Pensions Regulations -1995 flow from the Central Civil Services (Pension) Rules, 1972, and neither of these Pension Rules have explicit provision for Updating Pensions. The Regulation No-56 of Pension Regulations, 1995 for Banks, stipulates to refer the C. C. S. Rules, 1972 in case of any doubt. Govt has updated Pensions for its pensioners, but not for Bank Pensioners. Therefore compliance of intent and spirit of Reg-56 is not done, which has resulted in disparity.
2. Petitioners disowned by IBA and other organizations By Record Note dated 25.5.2015, the Pensioners have been disowned by both the parties signed that Record Note, which says that no Contractual Relationship Exists Between Banks and Pensioners.
3. Pension of the petitioners are less than Pre-86 retiree Pre-86 retirees were sanctioned ex-gratia as Social Security measure only, and the Bank of Baroda has started paying them additional Rs.8000/- effective from 1.3.2018.Thus many pensioners under Reg-1995 are getting lower amounts of Pensions as compared with pre-86 retirees of BOB. Pension Reg-1995 have become less beneficial, although were better in terms as compared to ex-gratia payments. 4. Pension even less than minimum wages as per ILO The 15th ILO Conference fixed norms of minimum wages, which have been adopted by 7th Pay Commission and in compliance of those norms of minimum wages; the Central Govt had given Basic Family Pension at minimum of Rs.9000/ at CPI of 1.1.2016. Thousands of Banks Pensioners and Family Pensioners were paid less than the minimum for the month of January 2019.
5. The Pension not even sufficient for Medical Insurance The Medical Insurance Scheme agreed and implemented in 2015 for retirees of Banks. The insurance premiums have increased approx Four Times and had become unaffordable to thousands of old aged pensioners, who need the insurance more. The “Ayushman Yojya” implemented by Govt of India for medical insurance of Rs.5 lac for Crores of Indian Families, is not covering these poor Bank Pensioners, because they cannot be included in deprivation criteria of the Scheme. Thus pensioners in age of average 75 plus have no insurance cover.
6. The omission by Respondents, against the Directive Principles The decisions to be taken by the Government are to be in line with Directive Principle embodied in Constitution of India. These directive principles aim at achieving the Social and Economic Democracy in the Country, by the decisions and actions taken or to be taken by the Government. To follow the directive principles of social and financial security in old age; Govt. have adopted concepts of savings for dignified life in old age in form of PF, improved to CPF, and then Gratuity, irrespective of the employees in Govt., Public Sector or Private Sector. The Pension was the most effective social and financial security measure implemented by the decision of Govt- first for Govt Employees in 1972 , extended to RBI in 1990 and then in Public Sector Undertakings in 1995. The Updating of Pensions had been done twice in last 20 years, aiming to neutralize the eroding impact of inflations for Govt. Pensioners. The inflations affect all pensioners equally in same proportions. The spirit of bringing economic democracy at least within the same limited class called pensioners in Banks has been ignored and the Bank Pensioners have been omitted against Directive Principles. Hope the petition will be admitted by the Hon’ble Supreme Court.
Sincerely Yours
(S.K.Mishra)
Secretary
ALLAHABAD BANK RETIREES’ WELFARE SOCIETY 130-B , Rajat Vihar Colony, Hoshangabad Road,
