First, I doubt whether the Central Government will agree to provide upgradation in a phased manner for different generations of retirees. If it does,it will create separate classes of
pensioners under the same Pension Scheme and will constitute discrimination amounting to violation of Article 14 of the Constitution as per the ratio of the Sup reme Court judgment in D S Nakara case. If such a fauty scheme of upgradation is put in place , not only the intended purpose will not be served,but spate of litigations can be expected immediately after such settlement.
The more reasonable option is to provide upgradation in whatever manner it is agreed to in bipartite agreement in a manner that will uniformly apply to all generations of pensioners without discrimination.Cost of upgradation is no doubt a critical factor but as happened in the case of OMOP for LIC employees, the contribution towards additional liability has to be amortized over a period of 5 years or any longer period as would be permissible under Accounting Standards.
Phased upgradation of pension is not only unconstitutional but also blatantly unfair to pensioners who will be left out of such dispensation. Selective upgradation is nothing but betrayal of majority of pensioners.
All the Bank Employees' Associations and Bank Pensioners' representative bodies need to seriously ponder over the matter.
C H Mahadevan
No comments:
Post a Comment