REGARDING PENSION CASE Letter adressed to GOI Pboa Officerassociation airrbea1@rediffmail, airrbea1@yahoo Phone 033 - 25734176 Fax No.033-2573 3252 Mobile 9831233798 / 9434007694 All India Regional Rural Bank Employees Association (A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees) Adviser: Ajit Kumar Ghosh GOLDERS GREEN President: C. Rajeevan Ground Floor F-G Block Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD) Kaikhali Kolkata –700 052 Ref. No. 179 Date: - 09-12-2014 Dr. Hasmukh Adhia Secretary, Govt. of India Ministry of Finance Department of Financial Services, Jeevan Deep Building Parliament Street New Delhi – 110001 [email protected] Respected Sir, Sub: - Order of the Hon’ble Supreme Court dated 26-11-2014 – Pension Parity in RRBs – in the matter of - Petition(s) for Special Leave to Appeal (C) No(s). 39288/2012 (Arising out of impugned final judgment and order dated 23/08/2012 in DBCSA No. 2021/2011,23/08/2012 in SBCWP No. 4366/2005 passed by the High Court Of Rajasthan at Jodhpur) UNION OF INDIA Petitioner(s) VERSUS GRAMIN BANK PENSIONERS SAMITI & ANR. Respondent(s) [with appln. For impleadment as party respondent and interim relief and office report)[for final disposal] WITH W.P.(C) No. 210/2013 (With appln.(s) for amendment of cause title and Office Report) We beg to draw your kind attention to the order passed by the Hon’ble Supreme Court on 26-11-2014, inter alia, with following observations and directions – When the attention of the Hon’ble Court was drawn to the fact that the Government of India has submitted an additional affidavit proposing to implement the Pension Schemes in RRBs at par with the scheme of NCBs with some pre-conditions, the Hon’ble Court opined that in view of the stand of the Government that Pension can be implemented in RRBs as mentioned in the affidavit, the question of Parity in Pension has become academic. In view of this, as it was submitted that the Government scheme as per affidavit for implementing Pension in RRBs is unworkable, the Hon’ble Court suggested to work out the modalities of a scheme that can be implemented through a settlement with the participation of all stakeholders, as this was submitted by the Senior Advocate in the WP. No. 210/2013 while putting up his arguments. With this the Hon’ble Court further directed that Government of India will take initiative to frame the workable modalities through the above process within a period of three months to find out the workable modalities. It was also directed by the Hon’ble Court that Government of India will supply all necessary documents to the Unions in connection with this Pension Scheme as and when so sought for, for the purpose of discussion/negotiation for the workable modalities. As per the orders this matter will be listed after three months as part heard. Sir, we beg to point out that already almost two weeks’ time has elapsed since 26-11-2014, and we are yet to hear anything from the Government/Ministry of Finance (DFS), though we are a party to the case in the Hon’ble Supreme Court. Under this situation we would request you Sir, to kindly look into the matter urgently and pass your suitable instructions so that necessary actions are initiated early to complete the process, as directed by the Hon’ble Court, timely, to render justice to the legitimate expectations of about 10,000 retired employees and officers who have been passing their days with utmost hardship. In this connection we would request you Sir, to kindly see that following documents as stated in annexure herein below may be supplied to us in connection with the negotiation/discussion on the issue, to frame a workable modality at the earliest in tune with the above direction of the Hon’ble Court. List of the Documents required are enclosed/attached below/herewith. With regards Yours faithfully (A Sayeed Khan) Secretary General Attachment (1) - Order dated 26-11-2014 of the Hon’ble Supreme Court. Documents to be sought from the Government of India - Copy of the settlement dated 29-10-1993 signed by the Bank Unions and the IBA to introduce Pension as retiral benefit in lieu of CPF in the Banking Industry with effect from 01-01-1986 for the purpose of coverage and with effect from 01-11-1993 for the purpose of actual payment of pension. Copy of the Scheme implemented in Public Sector Banks out of settlement dated 29-10-1993 with up to date amendments/improvements, if any. Copy of agreement on second option for Pension (part of 9th Bipartite Settlement) with mention of the terms and conditions mutually agreed for 2nd optees and the date of effect of payment on exercise of 2nd option by the Bank Employees. Date of effect of Pension Payment for 2nd optees – (27-11-2009). Copy of Model Scheme framed by NABARD/GOI for Pension Parity in RRBs. The points of variation, if any, between the two Schemes – in the matter of coverage of retired staff/date of effect/any other area. Terms of reference fixed by GOI/NABARD for actuarial calculation to assess the pension load for RRB staff. Summary recommendation of the actuarial committee set up by GOI/NABARD for Pension scheme for RRB staff at par with the scheme applicable for NCB staff. In case of RRBs, amount of fund available presently out of bank’s contribution to PF as per the present norm under EPF and Miscellaneous Provisions Act, 1952/EPS, 1995, as on 31-03-2014 or any other date. Amount of fund available as bank’s contribution to PF if the rate is retrospectively fixed at the rate applicable to Banking Industry since inception for RRBs, as on 31-03-2014 or any other date as above. Amount of fund required for Pension Parity for the RRB sector as a whole as on 31-03-2014. Capital support to RRBs by GOI from 1992 till 2014 with year wise break up. Capital support to PSBs by GOI from 1992 till 2014 with year wise break up. Rate of contribution to P.F. in NCBs (Is it - @ 8% of Basic Pay during 3rd Bipartite Settlement, @ 9% of Basic Pay during 4th Bipartite Settlement, @10% of 80% of Basic Pay during 01-11-1987 till 31-12-1988, @ 10% of 90% of Basic Pay from 01-01-1989 till 31-12-1989, @ 10% of Basic Pay from 01-01-1990 onwards.) Financial result (profit/loss amount) of all Public Sector Banks from 1992 to 1995 – year wise/bank wise amount – during the period when Pension Scheme was implemented in PSBs. Financial result (profit/loss amount) of all RRBs as on 31-03-2014. Correspondences of the GOI with NABARD and vice versa - on the issue of Pension Parity in RRBs, drafting of Model Pension Scheme for RRB staff by NABARD, opinion of NABARD on Pension Parity Scheme as also on proposal of the GOI to link the payment of Pension with profit and loss of the RRBs etc. (since 2009 to till date). Projected financial result for the RRBs for next five years as per the estimates of NABARD/Sponsor Banks/GOI. Total accumulated loss of RRBs as on March, 2014. Total accumulated loss of PSBs as on March, 2014 Total accumulated profit of RRBs as on March, 2014. Total accumulated profit of PSBs as on March, 2014. Total paid up capital of the RRBs as a whole. Total paid up capital of the PSBs as a whole Total no. of staff of RRBs as on March, 2014 with breakup of Cadres – Officers/Clerical/Sub – staff. Total no. of staff of PSBs as on March, 2014 with breakup of Cadres – Officers/Clerical/Sub – staff. Percentage of rural branches of Public Sector Banks with mention of total number of branches, metropolitan branches, urban and semi urban branches, rural branches with percentage of staff working in rural branches. Percentage of rural branches of RRBs with breakup as above with percentage of staff working in rural branches. Number of staff per branch in case of NCBs as on March, 2014. Number of staff per branch in case of RRBs as on March, 2014. Total wage load in case of 6th/7th/8th/9th Bipartite Settlements. Wage load allowed to RRB Sector during 6th/7th/8th/9th Bipartite Settlements. Wage load percentage for – Component of PF Component of Pension In 6th/7th/8th/9th Bipartite Settlements out of total load. Difference of wage load between NCB and RRB due to denial of Parity of PF/Pension and some other allowances. Correspondence of IBA with GOI on Pension updation in Commercial Banks in 2012 onwards and vice versa. Report of the Purwar Committee on consolidation of RRBs. Report of Dr. K C Chakrabarty Committee on Capital Support to RRBs set up vide GOI order dated 17-09-2009. Any other document found relevant in due cours
Posted on: Thu, 11 Dec 2014 04:01:50 +0000
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