Dear Parab,
With the grace of God life is ok. LIC Pensioners letter dt 12/4/2014 is addressed to present CJI whose tenure will be over by 27-04-2014 when Justice Lodha will assume charge as CJI. I do not expect any action on this letter. What action we should take for our pending issue of "pension updation" depends on what the Government has communicated to the RBI. I do not find exact text of this communication anywhere, not even in the latest Hitguj dt 15/4/2014. Is it possible to send the exact copy of full text of the above communication or copy of such communication has not been handed over the United Forum? If the RBI/GOI have not parted with the said communication, it will be necessary to move an Interlocutory Application (in Writ Petition No. 2403 of 2009 between AIRBREA, Mumbai and RBI & Anr, pending before the Bombay High Court,) inter alia, seeking direction for production of the said communication, as it has immediate relevance to the pending issues before Hon'ble Bombay High Court. This will also activate the case, where it can be shown how injustice is perpetuated against the pensioners by side tracking these issues by the RBI/GOI. Please discuss with colleagues and consider further action, since the FORUM has already rejected what is being offered by the RBI/GOI.
Please also keep the following principles in mind:
i. ".....emolutions should not be seriously out of line with those extended to Central Government
employees, or out of step with those paid to commercial banks." (para 29 -- chapter on # Special Position of the RBI as the Central Bank of the Country - the National Industrial Tribunal (Bank Disputes) Desai Tribunal - Former Chief Jusice Gujarat High Court = 1962.#
ii. No staff or officer (serving or retired) of the RBI shall get any salary, emoluments, or other terms and conditions which is or are less favourable than to which he is entitled immediately before "cut off date" which the Central Board may approve for migrating to the proposal of the Government to RBI in the communication, the full text of which is not disclosed to the FORUM. {This is based on the principles in Sec. 54AA of RBI Act, 1934 as well as the IDBI Act, UTI Act, NABARD Act, NHB Act, etc etc,}
With regards,
- M. A. Batki
Dear Shri Batki Sahab,
Many thanks for your kind expressions. Yes I do agree with you that we have to necessarily observe external relativity (as also internal relativity) in the matters of emoluments as also monthly pension. I am only afraid that the the MoF is taking our pound of flesh by not giving equitable treatment to us. Rather, they are giving step-motherly treatment to us. Unlike the Bank, one day we have to take on MoF and knock the doors of justice for our demands are genuine. Further, while attempting to bring the pending Writ Petition on board, MoF made tall statement that GOI exchequer is loser on account of payment of revised pension to pre 1-11-1997 retirees. This shows their hidden agenda. The pension fund of the Bank is to the tune of Rs. 8939.89 crores as per the last closing balance of the Bank. It is our fund and not that of MoF. Intention to bring this point to your kind notice is that MoF is totally prejudiced against us. As the Bank failed to defend, we have to take on them. I am thankful to you for giving your kind consent for sharing your views with RBItes.
Hope RBItes note your views seriously.
With kind regards,
- L.R.Parab
