WITHOUT PREJUDICE - WHAT IT MEANS
The following paragraph has been incorporated in the MOU between IBA & the Bank Unions agreeing for ex gratia addition to monthly pension for pre- November 2022 retirees and family pensioners:
"5. Without prejudice to the demand of unions/associations for updation of pension for all
retirees, it is also agreed that as a one-time measure applicable for the current bipartite /
Joint Note period, monthly ex-gratia amount will be considered along with pension by
PSBs to pensioners and family pensioners, who were drawing pension as on 31/10/2022.
The applicability of the said ex-gratia for the retirees of the current settlement period will
be discussed further.The said ex-gratia amount will not attract any other allowance
including dearness allowance."
I was trying to understand the implications of the phrase " Without prejudice to the demand of unions/associations for updation of pension.....".
Cambridge Dictionary gives the meaning of "without prejudice to" as follows:
"If a decision or action is made without prejudice to a right or claim, it is made without having an effect on that right or claim".
As per Indian Kanoon, "Without prejudice' means without detriment".
In the light of the above , we can say that the payment of ex gratia additional pension does not affect the right of the Bank pensioners to continue their demand for upgradation of pension.The wordings do not state that it is without prejudice to the decision of the GOI on upgradation of pension in response to the demand of the pensioners/ Bank Unions.Thus the wordings provide a loading for protection of the right of the Bank Unions and do not refer to the right of the GOI on the issue to reject the demand.The wordings mean that the grant of ex gratia addition to monthly pension is without detriment to the claim of the Bank employees/pensioners to upgraded pension.It is termed as one- time measure which can be taken to mean that more such reliefs cannot be expected in future nor will it be revoked.
It is termed ex gratia as the payment will be made outside the Banks' Pension Regulations 1995.It is not termed 'ad hoc' for the simple reason that the GOI did not want to commit to the certainty for upgradation of pension.
As it is without prejudice to the demand of Bank Unions, monthly ex gratia additions will also not be a substitute to increase on account of upgradation of pension.
But I am puzzled by the statement," The applicability of the said ex-gratia for the retirees of the current settlement period will be discussed further".I am wondering where is the need for ex gratia payment for post October 2022 retirees, when they are going to receive pension on the latest scales which will be the highest amongst all groups of retirees.
These are my thoughts on the matter that I wish to share with pensioner colleagues.
C H Mahadevan
1 comment:
U are right sir
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