To Be More Intelligible To An Ordinary Bank Pensioner, "Without Any Understanding Of The Constitutional Niceties",I Am Explaining The "Subtle Point" Involved Herein, "Right At This Spot"."The "Very First Promise" That "The Preamble To The Constitution Of India Itself Gave" "Not Only To Indian Citizens" "But "To All The Residents Of India" As Well", "Which Is Nothing But The Very "Quintessence Of The Detailed Constitutional Provisions" That Were To Follow Subsequently Is"—
"Justice"-
"SOCIAL","ECONOMIC" AND POLITICAL".
I Know That Most Of My Fellow Bank Pensioners At Least Might Have Heard, "Though They Might Not Have Read It Anywhere", That—
"Pension Is A Socio - Economic Justice Measure", "And Its Denial", "And Deprivation" ,"In The Measure That The Pensioners Are Entitled To", "Is Nothing But Negation Of Rule Of Law" "And Also In Violation Of Article 14 Of The Constitution Of India", "Which Speaks Of Equality Before The Law" "And Also Equal Protection Of The Laws". As Many Bank Pensioners, Nay, Not Only Bank Pensioners, "But Many Advocates Themselves Do Not Know" "The Extent And The Broad Sweep Of The Phrase / Group Of Words"—
"Equal Protection Of The Laws", "I Am Explaining Herein Below As To What Is The Broad Meaning That Can Be Given To The Phrase"—
"Equal Protection Of The Laws".
"The Broad Meaning That Can Be Given To The Phrase-
"Equal Protection Of The Laws" Is—
"People" "Similarly Circumstanced", "Should Not Be Discriminated Against".
O.K., Now, At This Stage, I Would First Like To Give Herein Below, The Very Text Of The Preamble To The Constitution Of India, Which Reads As Under:
Preamble
"We, The People Of India", "Having Solemnly Resolved To Constitute India Into A Sovereign, Socialist, Secular, Democratic Republic"------
"And To Secure To All Its Citizens"-
"Justice", "Social" "Economic" "And Political"---
Liberty Of Thought, Expression, Belief, Faith And Worship:
"Equality" Of Status", And Of Opportunity:
And To Promote Them All :
Fraternity Assuring The Dignity Of The Individual And The [Unity And Integrity Of The Nation]:
"In Our Constitutient Assembly", This 26th Day Of November, 1949, Do Hereby Adopt, Enact And Give To Ourselves This Constitution.
Since Reference To Article 14 And 21 Of The Constitution Of India Is Made By Me Hereinabove, I Am Giving Hereunder The Text Of Both The Articles, I.E., "Articles 14 And 21 Of The Constitution Of India" And My Fellow Bank Pensioners / My Fellow Pensioners May Go Through It / Them.
Text Of Article 14 Of The Constitution Of India,Reads As Under:
"14.Equality Before Law"
"The State Shall Not Deny" "To Any Person" "Equality Before The Law", "Or The Equal Protection Of The Laws", Within The Territory Of India.
Now Text Of Article 21 Of The Constitution Of India Reads As Under:
Article 21:Protection Of Life And Personal Liberty:
21."No Person Shall Be Deprived Of "His Life" Or Personal Liberty", "Except According To The Procedure Established By Law".
Now, With This Background To The Text Of The Preamble To The Constitution Of India, And The Text Of Articles 14 And 21 Of The Constitution Of India, Let Us Now, Proceed To The More And More Intricate Matters That I Have Touched Upon. If We Start Digging This Ocean, There Will Be No End To The Content Thereof, And I Will Be More Than Happy To Go Into The Constitutional Niceties, As I Mentioned Many Times, BY Me, That "I Live In Constitutional Law Of India", "And Die For The Constitutional Law Of India" "In Particular", "And Constitutional Law Of Any Country", "In General".
Now ,As Against This Background, Let Us Once Again Go Back And Pick Up The Threads From Where, We Left Them Earlier, "So That We Can Once Again Come Back To Our Pension Related Matter".
Now, With This Back Ground, I Will Explain The Meaning Of The Exact Words "Intentionally Employed By Me In The Content Herein".
Since The Memorandum Of Settlement Dated, 29th October, 1993, Introducing The Pension Scheme In The Public Sector Banks, Categorically Promised That Provision For Updation Of Pension Will Be Definitely There, At The Time Of The Final Adoption Of Bank Employees' Pension Regulations, 1995", What The Public Sector Banks Had To Do Was, "To "First Provide" "In The Bank Employees' Pension Regulations" "All The Provisions Contained In The Central Civil Services Pension Rules, 1972 And Central Civil Services (Commutation Of Pension)Rules, 1981, As Applicable To The Central Government Pensioners", "To Be Applicable To The Bank Pensioners"--
And "Thereafter, If The Public Sector Banks, Which Introduced The Pension Scheme For Their Employees, Think / Desire That "Some Exceptions And Modifications To The Bank Employees' Pension Regulations, 1995", Are Required---
"Those Public Sector Banks, Which Want To Make "Exceptions And Modifications" To The Bank Employees' Pension Regulations,1995"--
"To / From The Central Civil Services Pension Rules, 1972" "And Also Central Civil Services (Commutation Of Pension)Rules, 1981","To Which An Unambiguous Nexus Is Established", "Both In The Memorandum Of Settlement Dated, 29th October, 1993 Introducing The Pension Scheme In The Public Sector Banks" "And Also In Regulation 56 Of Bank Employees' Pension Regulations, 1995", Should Approach The Central Government "For Effecting Any Exceptions And Modifications" And If The Central Government Approves / Accedes To The Request Of The Public Sector Banks To Effect / Make "Exceptions" And "Modifications", "To The Bank Employees' Pension Regulations, 1995","Which Were Initially To Be In Accordance With The Central Civil Services Pension Rules, 1972 And Also Central Civil Services (Commutation Of Pension) Rules, 1981", "As Applicable For / To The Central Government Pensioners", "And Thereafter Also", "If The Central Government Accedes To The Request Of Such Of The Public Sector Banks", "Which Sought "Exceptions" And "Modifications" To The Bank Employees' Pension Regulations, 1995", "As Originally Adopted", "Then And Then Only" "The Public Sector Banks Can Deviate From The Central Government Pension Rules, 1972 And Central Government (Commutation Of Pension) Rules, 1981","On The Lines Of" / "As Per, Which Bank Employees'' Pension Regulations, 1995 Were Drafted And Brought Into Force", "As Promised In The Memorandum Of Settlement, Dated 29th October, 1993, Introducing The Pension Scheme In The Public Sector Banks", "And Till Such Time, That The Public Sector Banks" "Make Any Exceptions And Modifications" To The Bank Employees' Pension Regulations, 1995","Which Have To Be And "Which Shall Be In Accordance With The Central Civil Services Pension Rules, 1972" "And Central Civil Services (Commutation Of Pension) Rules, 1981", "Whatever Applies To The Central Government Pensioners Equally Applies To The Bank Pensioners", "With Full Force" And "Complete Vigour" And "On All Fours". And So Far, The Banks "Neither Sought" "Nor Brought"" "Any Exceptions" "And Modifications" To The Bank Employees' Pension Regulations, 1995","Which Were "Exactly On The Lines Of The Central Civil Services Pension Rules, 1972" "And Central Civil Services (Commutation Of Pension) Rules, 1981", "Initially", "At The Time Of Adopting The Bank Employees' Pension Rules, 1995", And Therefore, "In The Absence Of "Any Exceptions" "And Modifications" To The Bank Employees' Pension Regulations, 1995"," "We Have To Take It That Whatever Applies To The Central Government Pensioners", "Equally Applies To The Bank Pensioners". I May Add Here That—
"If It Comes To That, "Out Of 89 Rules In The Civil Services Pension Rules, 1972", "Applicable To The Centtral Government Pensioners", There Is Not "Even A Single Provision / Rule", "Expressly Stating That The Pensions Of The Central Government Pensioners Should Be And Would Be Updated At The Time Of Implementing The Central Pay Commission Recommendations", "Every Time", And If That Is So, "And Still The Pensions Of The Central Government Pensioners Are Updated", "Every Time", "The Central Pay Commission Recommendations Are Given Effect To / Implemented", "It Means", " That It Is Being Done As A Matter Of Convention Only".
If It Comes To It And Comes To That, "I Can And Will Say", "With A Complete Command Of The Constitution Of India", "As A Constitutional Lawyer Of Some Standing", That, "Some Of Our Constitutional Provisions" / "Some Articles In Our Constitution", "Will Give A Diametrically Opposite Meaning To Whatever Should Be The Actual Position", "Going By The Text Of Those Articles", "Instead Of Going By The Convention Of The Form Of Government", "The World Over", "Like", "Whether, It Is A Parliamentary Form Of Government" "Or Presidential Form Of Government" And, "If They Are Read And Understood", "Just As Per The Text Of The Articles Of The Constitution Of India" / "If We Go By Just The Text Of The Constitution Of India", And "I Promise My Fellow Bank Pensioners That I Will Deal With All Those Matters, "At Some Leisure", Subsequently", "Which Were Extensively Discussed By Me, In My Rejoinder To The Reply Of Bank Of India To My Interlocutory Application Of 2007".
Now, After This Much Discussion On The Meaning Of The Phrase / Words-
"With Such Exceptions And Modifications"-
Let Us Now Proceed To Analyse The Meaning Of Another Phrase Contained In Regulation 56 Of Bank Employees' Pension Regulations, 1995.
The Text Of The Phrase, "From Time To Time Determine", "As Contained In Regulation 56 Of Bank Employees' Pension Regulations, 1995" Reads As Under"—
"As The Bank, With The Previous Sanction Of The Central Government", May-
"From Time To Time Determine".
Now, What Is The Meaning Of This Expression/ Phrase / Group Of Words-
"From Time To Time Determine".
The Legitimate / Reasonable / Rational Meaning That Can Be Given To The Phrase-
"From Time To Time" Is—
"The Public Sector Banks Have To And Must Bring All The Provisions Of Bank Employees' Pension Regulations, 1995", "Initially", "At Par With The Central Civil Services Pension Rules, 1972", "And Also Central Civil Services(Commutation Of Pension) Rules, 1981" "And Thereafter, Every Time", "Any Amendment Is Made To The Central Civil Services Pension Rules, 1972", "And Central Civil Services (Commutation Of Pension) Rules,1981", "The Public Sector Banks Have To And Must Make Amendments To Bank Employees' Pension Regulations, 1995", "To Ensure That The Bank Employees' Pension Regulations "Are In Accordance With Central Civil Services Pension Rules, 1972" "And Also Central Civil Services (Commutation Of Pension) Rules, 1981", And This Is "An Ongoing Affair" And "There Should Be "No Difference At All" "Between The Central Civil Services Pension Rules, 1972, And Central Civil Services(Commutation Of Pension) Rules, 1981, Applicable To The Central Government Pensioners", "And Bank Employees' Pension Regulations,1995, Applicable To The Pensioners Of The Public Sector Banks", "At Any Point Of Time" And That Is The Meaning Of The Clause / Phrase-
"From Time To Time Determine", Appearing In Regulation 56 Of Bank Employees' Pension Regulations, 1995.
"The Irrefutable Meaning" That Can Be Given To The Clause / Phrase-
"May From Time To Time Determine", Is That, This Promise Contained In The Memorandum Of Settlement, Dated 29th October, 1993, Introducing The Pension Scheme In The Public Sector Banks, Stating That All The Provisions Of Bank Employees' Pension Regulations, "To Be Framed, For The Bank Pensioners Must Be "As Per The Civil Services Pension Rules, 1972" "And Central Civil Services (Commutation Of Pension) Rules,1981" Applicable To The Central Government Pensioners", And Provision For Updation Of Pension Will Be There In The Bank Employees' Pension Regulations, To Be Framed, Consequent Upon Signing Of The Memorandum Of Settlement, Dated,29th October, 1993, Introducing The Pension Scheme In The Public Sector Banks, "Is A Continuous And On-Going Affair", And "It Goes On Till Any "Exceptions And Modifications" Are Sought And Obtained From The Central Government By Them", "And Considered Thus, We Can Take It That Regulation 56 Of Bank Employees' Pension Regulations, 1995" "Acts As A Protective Shield" "Against The Tyranny Of The Managements Of The Public Sector Banks", "Giving A Weapon To The Pensioners Of The Public Sector Banks", "To Question The "Inaction Of The Public Sector Banks", "As To Why They Are Not Bringing The Bank Employees' Pension Regulations, 1995" "At Par With" "And In Line With" "The Amendments Made By The Central Government To Its Civil Services Pension Rules,1972 And Civil Services (Commutation Of Pension) Rules,1981", Like, "Updating The Pensions Of Their Pensioners", "Every Time A Fresh / New Bipartite Settlement Is Brought Into Force", "For The Serving Bank Employees", "Enhancing The Commutation Of Basic Pension", "As Applicable To The Central Government Pensioners", "To The Extent Of 40% Of The Basic Pay From 1-1-1996", "And Also Providing For Full Pension With 10 Years' / 20 Years' Service", In The Writ Courts .
TO BE CONTINUED.
Regards, E.R.Iyer
