*Civil Appeal No.7993 of 2023 in M. C. Singla (Dead) & others

*Civil Appeal No.7993 of 2023 in M. C. Singla (Dead) & others Vs Union of India & others before the Hon'ble Supreme Court of India - Very Important and Valid  Provisions available in favour of Appellants/Pensioners and to be presented on 12.08.2026.*🙏

*.... E V Rao, Senior Manager (Retd), eAndhra Bank, Hyderabad.*👇

The case exclusively relates to about 8,00,000 Senior Citizen Pensioners of Banks above the age group of 61 to 95 years.

The Basic Pension fixed at the time of Superannuation/ Retirement of Bank Employees is not updated/revised  for more than 40 years. 

Bank Pensioners are entitled rightfully to get their Basic Pension Revised/ Updated on RBI lines periodically, as per settlements on wage/salary revisions for Bank Employees, as was envisaged in Bipartite Settlement on Pension Scheme for Bank Employees dated 29.10.1993, Decisions of Small Committee,  constituted exclusively on the subject matter of pension scheme to Bank Employees, dated 26.3.1994  and under Regulation 35(1) of Bank Employees Pension Regulations (BEPR), 1995.

*Issue involved in the case* is non-compliance of Pension updation/revision for Bank Employees on RBI lines for about 40 years.

*The salient provisions available in the above mentioned Settlement, Small Committee decisions and BEPR - 1995 are as follows:* 

*(1) Clause 12 of Pension Settlement dated 29.10.1993 reads as under:*

"Provisions will be made by a scheme, to be negotiated and settled between  the parties to this Settlement by 31st December, 1993 for applicability, 

qualifying service,

amounts of pension, 

payment of pension, 

commutation of pension, 

family pension, 

 *updating* and other general conditions etc.,

on the lines in force in the Reserve Bank of India."

*(2) Small Committee Meeting decisions dated 26.3.1994 states as under:*

"(i) The draft circulated was mutually accepted by the parties. The following points were further discussed and accepted;

"(ii) Formula for *updating pension should be on the lines of the same given in the Reserve Bank pension scheme.* Any change therein should be introduced only after mutual agreement."

*(3) The original Regulation 35(1) of BEPR, 1995 states as under:* 

 "In respect of employees who retired between 1st day of January, 1986, but before the 31st day of October, 1987, basic Pension and additional Pension will be updated as per formula given in Appendix - 1."

*Amendment to Regulation 35 (1):*

Regulation 35(1) was amended in 2003 as follows:

"Basic Pension and additional Pension where applicable shall be updated as per the formula given in Appendix - 1."

All the above three conditions embodied in Settlement 1993, Small Committee Meeting decisions 1994 & BEPR - 1995 have entitled the Bank Pensioners to get their Pension updated/revised as was done in RBI from time to time, but the Banks and their representative IBA are diverting the matter in a misleading manner that there was no provision for Pension Updation/Revision and 

Pension Trust Fund is not sufficient to meet the cost of any updation/revision of pension for Bank Employees.

*(4) Sub Regulation 3 of Regulation 5 of BEPR, 1995, Chapter III - Constitution of the Pension Fund* 

Regulation 5(3) of BEPR, 1995 categorically prescribes as follows:👇

*The Bank shall be a contributor to the Fund and shall ensure that sufficient sums are placed in it to enable the trustee to make due payments to beneficiaries under these Regulations.* 

👉 *The Banks have transferred the entire outstanding balance of Employer's Contributory Provident Fund, payable to the Employees on their retirement, to the respective Pension Fund Trusts while implementing the BEPR - 1995.*

Therefore, Pension updation has nothing to do with Pension Funds. Pension, DA, periodic Pension Updation along with Wage Revisions are not subject to fund availability or financial feasibility in view of condition stipulated, under Regulation 5(3) of BEPR - 1995, on contribution of sums to be placed in pension fund by the Employer Banks. These settled rights are arised from the Provisions of the Pension Agreement, Small Committee Decisions and Pension Regulations1995.

More than 8,00,000 Bank Pensioners are in  need of immediate justice  because they are aged between 61 and 95 years, ailing and in the dying category. This trend continues since the Pension Scheme started from 1986 onwards in the Banking Sector. More than 2 lakh pensioners have died due to old age and diseases.

The right to Pension Updation in line with RBI Pension Scheme was denied to Bank Pensioners who entitled rightfully to get their Basic Pension revised/ updated alongwith every Bipartite Settlement on wage/salary revision for Bank Employees. 

On account of the most inhuman and regressive approach of management of Public Sector Banks & non-legal body of their representative i.e IBA, the interests of Pensioners are jeopardized.

*(5) Pension Scheme in Public Sector Banks*   was introduced totally on terms and conditions as in RBI Pension Scheme/ CCSR, 1972 & CCS (Commutation of Pension) Rules, 1981. Accordingly under Clause 35 (1) Basic Pension of Pensioners between 1.1.1986 and 31.10.1987 was updated in view of 5th Wage revision Settlement effective from 1.11.1987. _The period of 10 (ten) months between 1.1.1986 and 31.10._ Therefore Periodic Pension Updation/Revision alongwith Wage revision was an implemented and admitted condition.The Representatives of Indian Banks Association & Banks and 9 Unions representing the Bank Employees were parties and signatories to Pension Settlement dated 29.10.1993 and Small Committee decisions. They have jointly reiterated that the RBI Pension Scheme is the bed-rock of the Bank Pension Scheme in their meeting held in the month of November,1997.

*(6) RBI Pension Scheme was finalized in 1990, implemented from 1.1.1986* duly updating  basic pension in relation to then wage Revision for 1.1.1986 and till 31.10.1987. RBI Pension was further revised in 2003 covering Pensioners till 31.10.1997. Again revised from March, 2019 covering Pensioners till 31.10.2012 and from June, 2023 covering till 31.10.2017 Pensioners. But, nothing was done in Public Sector Banks covered under Pension Settlement referred above.

*(7) The management of Banks have not honoured the Settlement/ Regulations/ Committee decisions* and have not revised Pension on RBI Pension Revision line, except for period from 1.1.1986 and till 31.10.1987. 

*(8)Regulation 56 of BEPR, 1995 states on Residuary Provisions as follows:*

*"In case of doubt, in the matter of application of these regulations, regard may be had to the corresponding provisions of Central Civil Services Rules, 1972 or Central Civil Services (Commutation of Pension) Rules, 1981 applicable for Central Government employees with such exceptions and modifications as the Bank, with the previous sanction of the Central Government, may from time to time, determine."*

*(9) If all three nprovisions as mentioned in para  (1), (2), (3) & (4) hereinabove are read together,* they all jointly and severely speak in most unambiguous terms the condition of Pension updation on RBI line, but Banks have not complied to their mandatory obligation.

*(10) Suppressing & hiding all aforementioned relevant provisions* pertaining to Pension Updation and Contribution to be placed by the Employer Banks to Pension Fund, the Indian Banks' Association,  on behalf of respondent banks, has contended in it's affidavit dated 26.8.2022 that there is no Provision for Pension Updation in BEPR - 1995, sufficient funds are not available to consider pension updation and that Bank Pensioners are demanding Pension parity with Central Government employees, which is totally false, untrue, misleading and contrary to the facts narrated hereinabove. The fact is that there has been pension updation provision in BEPR,1995 from day one and it is there even today in more mandatory terms and the Employer Banks should contribute required sums to make due payments to pensioners under Regulation 5(3) of BEPR, 1995. Further, Bank Pensioners are not demanding Pension parity with Central Government employees, but demanding Pension updation on RBI line as was envisaged in Pension settlement, Regulations & decisions of Small Committee.

*(11) IBA has filed false affidavit dated 26.8.2022 and committed guilty contempt of Hon'ble Supreme Court* for misleading them with an intention to derive undue favour by suppressing and hiding material truths in its affidavit and liable for exemplary  punishment so that no one can dare to do such things in future.