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Thursday, 17 December 2015

IMPORTANT EXTRACTS FROM MONTHLY HM RBREA HITGUJ 15 DECEMBER 2015- R B Kishore

MASS CASUAL LEAVE ON 19TH NOVEMBER 2015
 
(Reproduced below is the text of a circular issued by Shri C M Paulsil, Gen. Secretary, All India Reserve Bank Officers' Association, on 19 November 2015 on the success of Mass Casual Leave Programme.)
 
“On the call of the United Forum of Reserve Bank Officers and Employees (UFRBOE) on the issues of 'Save RBI – Save Nation' and pension related issues of Updation of Pension and Opening of Pension Option, the entirety of RBI, serving and retired employees enthusiastically and with fervour participated in all the programmes in the last six weeks, culminating into a Mass Casual Leave on 19th November, 2015, in the present phase of the struggle.
 
With a high level of morale and motivation, and with the determination to make the Mass Casual Leave a grand success, so as to clinch our issues, in all centres, all the constituents ensured the success by total p a r t i c i p a t i o n , a c t i v e mobilisation and vigilance. On the impact of the Mass Casual Leave on the RTGS operations, money market functions for 4 hours, the top m a n a g e m e n t representatives CGM-in-C and CGM of HRMD came and personally met the leaders of the UFRBOE, while they were in the thick of the struggle, conveying that the holding up of the RTGS operations for such a   considerable time, had a very serious impact on the financial system and expressed the desire to have a dialogue to resolve issues. The representatives of the UFRBOE conveyed to the Bank that since the Bank had shown their readiness despite the late hour, the representatives wanted a time-frame on resolution of issues, like Opening of Pension Option by the end of December 2015, or else the UFRBOE would have no other option but to further intensify the struggle. On the issue of Updation of Pension, the representatives desired that till the issue is resolved, the pensioners should be given adequate and substantial financial interim relief. T h e B a n k m a n a g e m e n t expressed their sincere desire to resolve these issues without any further loss of time and a l s o e x p r e s s e d t h e Governor's keenness and sensitivity in resolving the issues.
 
The role of the press in highlighting our issues, was a welcome change during this struggle, it also aroused serious concern of the role of the RBI and the attempts to emasculate it through the proposals of the Indian Financial Code, which is a singular achievement of the this phase of the struggle. Our joint and united struggle will ensure our collective success, dear friends. We must save the Bank, a patriotic task and we must achieve our long standing and legitimate pension related demands of Updation and Opening of Option and we must be prepared for a long drawn struggle, if need be.”
 
YOU ARE BEAUTIFUL PEOPLE!!
We had given a call to our retirees to participate in gate meeting at NCOB on 18th November 2015 in preparation of Mass Casual Leave on 19th November 2015. It was a massive response by the rank and file of the Forum. The forum leaders and the entire cadre of 4 constituents of the forum all over India galvanized RBI community to fight against the tyranny of GOI, to fight against their evil designs to clip wings of RBI and to fight against grave injustice done to RBI retirees in the matter of pension.
 
19th November 2015 proved to be a historic day as RBI community across the board has proved its mettle at all centres. Mass Casual Leave Programme was cent per cent successful!
 
It was way back in February 2002, the Forum came into being at Kolkata meeting of the four representative bodies in the Bank. Sensing the downsizing agenda of the Bank, or so called deadly programme in the name of 'Lean and Trim Bank', much before formation day of the Forum, all decks were cleared to protect the great edifice of RBI. The undersigned, as GS of AIRBOA, had privilege to play his due role in the formation of the Forum. Now our community deserves to be called 'BEAUTIFUL PEOPLE'. Beautiful people to protect the Central Bank of the nation and senior citizens. Their name would be written in golden letters in the history of Trade Union movement for your noble struggle.
 
Our veteran leaders may like to seek the help of Members of the Parliament to resolve our issues. We assure all help from our side
and give our best wishes for this great struggle.
- L R Parab, GS, RBREA, Mumbai
 
 
 
 
 
RBI AND RELEVANCE OF SEVENTH PAY COMMISSION REPORT
 
Recently the Seventh Pay Commission has submitted its report. It would be worthwhile to consider its impact on officers and employees of Reserve Bank of India since the Seventh Pay Commission has enunciated certain guidelines based on wellestablished norms to meet the key expectation of employees at
all levels as regards their pay, pension and improvement in other facilities. In this regard, one of the major unanimous recommendations of the Seventh Pay Commission was the issue of parity in pensions between the present and future retirees from the viewpoint of inter-temporal equity and Commission examined it deeply. The Commission noted that a significant change in the paradigm for treatment of pensioners, past and future, emerged from the judicial pronouncement in “D.S. Nakara vs Union of India in 1982” (AIR 1983SC 130), based on which, for the first time, improvements in pensionary benefits were extended to pensioners who had retired prior to the date from which improvements became effective. After examining various legal pronouncements by the Apex Court, the Commission came to the conclusion that classification between the pensioners should be founded on a rational basis while distinguishing one class from other and the same should not be discriminatory or violative of Article 14 of the Constitution. The Commission made a sharp distinction between the retirees under Pension Scheme and PF Scheme and held that under the Pension Scheme, the government's obligation does not begin until the employee retires but it begins on his/her retirement and then continues till the death of the employee whereas, on the retirement of an employee, government's legal obligation ends under the PF Scheme while it begins under the Pension Scheme. The rules governing the PF and its contribution are entirely different from the rules governing pension. As the pre-2006 retirees were placed at a disadvantageous position as compared to not only the post-2006 retirees of the same post but even of lower posts due to bunching of number of prerevised pay scales into a particular pay band, the Commission has evolved a methodology for complete parity between the present and future retirees. It has given following options to the past retirees:
 
Ø Either to opt for revised pension by Multiplying the existing basic pension by a factor of 2.57 (Option 1); OR
 
Ø By giving an option to retirees to opt for fixation of their pension on the basis of the pay drawn in the revised pay scale (pay to be fixed on stage to stage basis having regard to no. Of increments earned by him while in service @3% p.a.) (Option 2).
 
 
Since the computation of pension on the basis of OPTION 2 was likely to take some time, The Commission has recommended that as an interim measure payment to retirees may be made as per OPTION 1 and the difference, if any, in computation of pension as per OPTION 1 or OPTION 2 whichever is beneficial may be paid subsequently.
 
The pay scales have been evolved on the basis of anticipated increase of DA of 6% aggregating to 125% as on January 1, 2016 and absorbing the entire DA in the basic pay.
 
This grant of OPTION 1 and 2 is of immeasurable value to the retirees. The Commission has provided an example of an official who retired at the level of Under Secretary at basic pay of Rs.4,000 on 31 January, 1989 under the IV CPC (Central Pay Commission) regime, having drawn 9 increments in the pay scale of Rs. 3000-100-3500-125-4500. His pension which was fixed at 1940 in 1989 was revised upwardly to 12543 w.e.f. January 1, 2006 as per Sixth Pay Commission. Now as per OPTION 1, using a multiplier of 2.57, his pension would stand at Rs. 32,236 but as per OPTION 2, his pay first would be fixed at the minimum of the revised scale of the Under Secretary Rs. 67700-208700 and his pay fixed on stage to stage basis at Rs. 88,400 making him eligible for pension @50% of the basic pay at Rs. 88,400 i.e. Rs. 44,200. He would be eligible to draw pension of Rs. 44,200 under OPTION 2.
 
Keeping the above recommendations of the Seventh Pay Commission in mind "In order to give complete parity between the present and future retirees as enunciated by Apex Court, the Seventh Pay Commission has evolved a methodology which may be extended to all retirees of RBI who had retired long back in 90s.Therefore, RBI may devise a strategy for pension updation
on the lines of what has been recommended by Seventh Pay Commission i.e. all past retirees to be fixed at the minimum of the revised pay scale of the post last held by them and then by adding the number of increments he/she had earned in that level while in service. Fifty percent of the total amount so arrived at shall be the revised pension."
 
In order to ensure that no stagnation takes place, the Commission has evolved open ended pay scales whose span has been kept at 40 years at the junior level to cater to persons who may enter a particular level at any stage and may have  resided in the level for a fair length of time. However, the span at senior levels has been progressively and gradually reduced to ensure capping of maximum pay at the level of Higher Administrative Grade below Apex level of Secretary.
 
The Seventh Pay Commission has recognized the need of periodical revision of pay scales and has recommended that the pay matrix (which is essentially a pay chart for all the level of employees) may be reviewed periodically without waiting for the long period of ten years. It can be reviewed and revised on the
basis of the Aykroyd formula which takes into consideration the changing prices of the commodities that constitute a common man's basket, which the Labour Bureau at Shimla reviews periodically. This is significantly in line with periodic revision in pay scales in banking sector every five years (emphasis mine).
 
What needs to be emphasized by RBI is that the entire pay and pensionary increase by the Pay Commission is unfunded and no assets have been set aside to meet this liability except monetizing the same or increasing the quantum of borrowings whereas the RBI employees are exclusively paid from prefunded Superannuation Fund (emphasis mine).
 
The Seventh Central Pay Commission has quoted various judgments in favour of old pensioners as to why complete equality is required. It is very specific and generous to pensioners for complete parity with existing / future pensioners; no discrimination of any sort/no excuses to be made. Our pension Regulation 5 also empowers RBI to have regards to happening in pension matters of employees of Central Government. As such recommendations of Seventh Central Pay Commission, in pension matter, has immense relevance to RBI pensioners.
 
Sitendra Kumar, Retd. GM, Faridabad
(Note: All queries in the matter of the Seventh CPC may please be directed to Shri Sitendra Kumar on his mail address - sitendra.kumar@yahoo.com)