Bank Management cannot deny Pension

http://www.allbankingsolutions.com/Downright-deception-by-PSBs-Retired-Employees.htm

“Downright Deception of Public Sector Banks in Denying Pension to the Voluntarily Retired Bank Employees (with Less than 20 Years’ Service) and Resigned Bank Employees in Crass Violation of Regulation 14 of Bank Employees’ Pension Regulations, 1995”.

by

N Pradeep Kumar, Advocate Supreme Court of India, [email adv.pradeepkr@yahoo.com]



Over a Period of approximately One Year of My Interaction with a Broad-Cross Section of Bank Employees, Who Retired and Resigned from the Services of the Public Sector Banks, what I found to My Complete Stupefaction is that, all the Public Sector Banks have been Denying the Benefit of Pension “to the Voluntarily Retired Bank Employees”, “with less than 20 Years’ Service” and “to Resignees”, “with any Number of Years’ Service”, “In a Dare Devilsh Manner” and “Fiendish, Fashion”, “Befooling them”, “taking their Innocence as their Ignorance” in Gross and Crass Violation of Regulation 14 of Bank Employees’ Pension Regulation, 1995. Regulation 14 of Bank Employees’ Pension Regulations, 1995 Reads as under :



REGULATION 14 : QUALIFYING SERVICE

Subject to the other Conditions Contained in these Regulations, “an Employee who has Rendered “a Minimum of Ten Years of Service”, in the Bank”, “on the Date of his Retirement” or the Date on which he is Deemed to have Retired “shall Qualify for Pension”.





Now, the Text of Regulation 14 of Bank Employee’s Pension Regulations, 1995 Clearly Says that “An Employee, who has Rendered a Minimum of Ten Years’ Service, in the Bank”, “on the Date of his Retirement” or the Date on which he is Deemed to have Retired” “is eligible to get Pension”.

Now, after having a Glimpse of the Content of Regulation 14 of Bank Employees Pension Regulations, 1995, is there any Doubt in the Minds of the Bank Employees’, “Who Retired Voluntarily”, “After Putting in less than 20 Years’ Service in the Public Sector Banks”, as to whether they are Entitled to Pension, “after Putting in Just 10 Years’ Service therein or Not ?”

And Now, Despite this Specific Regulation in Bank Employees’ Pension Regulations, 1995, if the Public Sector Banks have been Denying Pension to the Voluntarily Retired Bank Employees, “With less than 20 Years’ Service therein”, Can’t “this Segment of the Voluntarily Retired Bank Employees”, Make Out the Extent of Deception that the Public Sector Banks have been Perpetrating and Perpetuating on / against them ?

Regulation 22(1) of Bank Employees’ Pension Regulations, 1995, Reads as under :

REGULATION 22(1) : FORFEITURE OF SERVICE

(1) “Resignation or Dismissal or Removal or Termination of an Employee from the Service of the Bank “shall entail forfeiture of his entire Past Service” and “Consequently shall Not Quality for Pensionary Benefits”;

Now, though the Text of Regulation 22(1) of Bank Employees’ Pension Regulations, 1995 Reads as Above, as the Very Title of Part-I of My Article on the Constitutional and / or Legal Rights of the Bank Resignees for Pension Option, Published in allbankingsolutions-.com says, “Both Resignation and Voluntary Retirement are Same”, and “Denial of Pension Option to the Resignees of Public Sector Banks is Unconstitutional”, and Voluntary Retirement & Resignation Can be taken to be Used “Inter-changeably”.

Generally Speaking, For all Bank / “Government Sector Appointments”, “to use a Colloquial Expression”, “at the Entry Level”, Usually and Generally, “the Maximum Age Limit is, 28 Years”, and Now Assuming for a While, that if we take into Account, the Normal / Usual Relaxation of 5 Years, given to Schedule Caste and Scheduled Tribe, Candidates, it can be said that, in their Case, “at the Entry Level”, in the Bank / Government Sector Appointments, “the Maximum age Limit is 33 Years”. Now, it Transpires that, even if the Retirement age is 58 Years, for Retirement on Superannuation, a General Candidate will Put in a Service of 30 Years, and in the Case of a Schedule Caste and Schedule Tribe Candidate, he will put in a Service of 25 Years, even if he Joins the Service in the Bank / Government Sector, at the Maximum Permissible Age”, “at the entry Level”. So, this Provision, as Contained in Regulation 14 of Bank Employees’ Pension Regulations, 1995, Entitling a Bank Employee with a Minimum Service of Ten Years for Pensionary Benefits, does not Apply to a Bank Employee, who Retires on Superannuation.

Now, the question is, “to whom does this Provision as Contained in Regulation 14 of Bank Employees’ Pension Regulations, 1995”, “Entitling a Bank Employee to get Pensionary Benefits”, “With Ten Years Service in a Public Sector Bank” Apply ? “According to the Version of almost all the Bank Employees”, “Who Retired Voluntarily from the Services of Public Sector Banks”, “after Putting in less than 20 Years’ of Service therein”, their Respective Banks Denied Pensionary Benefits to them, saying that, for Voluntarily Retirement, an Employee has to Put in Minimum 20 Years’ Service in the Banks. The Idea behind this Presentation of the Public Sector Banks is Not Difficult to Make out. Because, Obviously, those Banks, which are Denying Pensionary Benefits to their Employees”, With less than 20 Years’ Service” have in their Mind Regulation 29 / 29(1) of Bank Employees’ Pension Regulations, 1995, which Enables an employee to Retire Voluntarily from the Banks’ Services, after Putting in 20 Completed Years of Service, which Reads as under :

REGULATION 29/ 29(1) : PENSION ON VOLUNTARY RETIREMENT

(1) “On or after the 1st day of November, 1993, at any time”, after an Employee has Completed Twenty Years of Qualifying Service”, he May, by giving Notice of Not less than Three Months” in writing to the Appointing Authority Retire from Service”.

Now, if by the Reckoning of the Public Sector Banks, only an Employee, Who Puts in Twenty Completed Years of Service in the Bank” “is Entitled to Voluntarily Retirement”, and Pension on such Voluntary Retirement”, as Per Regulation 29/29(1) of Bank Employees’ Pension Regulations, 1995, and under Regulation 22(1) of Bank Employees’ Pension Regulations, 1995 “Resignation”, or Dismissal Removal or Termination of an Employee from the Service of the Bank Entails Forfeiture of the Entire Past Service, and an Employee, who Joins the Services of a Public Sector Bank, at the Maximum Permissible Age Limit, “at the Entry Level, which is usually 28 Years” (and for an SC and ST Employee, with Five Years Relaxation, “the Maximum Permissible Age Limit at the Entry Level” will be “Usually 33 Years”) Puts in a Service of 30 Years (and S.C. and S.T. Candidates Put in a Service of 25 years, “If Relaxation of Five Years Age”, “at the Entry Level is taken into Account”) “and Consequently shall Not Qualify for Pensionary Benefits”, and An Employee with the Maximum age at the Entry Level Appointment is 28 Years (for General Candidate) / 33 Years (for S.C. & S.T. Candidate) and Puts in a Service of 30 Years (General Candidate) and 25 Years (for S.C. and S.T. Candidate), Assuming that the age of the Retirement on Superannuation is 58 Years, the question that comes up for Immediate and Instantaneous Consideration is, “to whom does this Provision as Contained in Regulation 14 of Bank Employees’ Pension Regulations, 1995”, “Providing for Pensionary Benefits for all the Bank Employees”, “With Ten Years Service Apply” and also “to which Category of Retirement Can the Retirees as Envisaged and Visualized in Regulation 14 of Bank Employees’ Pension Regulations belong”, “Since the Case of Retirement on Superannuation is Excluded”, “the Case of Voluntarily Retired Employees is Excluded”, “Resignees’ Entitlement / Claim for Pensionary Benefits is Rejected Outright under Regulation 22(1) of Bank Employees’ Pension Regulations, 1995 from the Purview of Applicability of Regulation 14 of Bank Employees’ Pension Regulations,1995?”

Even though under Regulation 30 & Regulation 32 of Bank Employees’ Pension Regulations, 1995, which Speak of Invalid Pension and Premature Retirement Pension Respectively, any Bank Employee, upon Rendering Minimum 10 Years’ Service also, is Entitled to Pension, the Provision as Contained in Regulation 14 of Bank Employees’ Pension Regulations, 1995, can not be taken to be limited to cover the Cases Coming under Regulation 30 & Regulation 32 of Bank Employees’ Pension Regulations, 1995,, as the “Extent” and “Coverage” of Regulation 14 are “Broad” and “Wide” in their “Sweep”, and if at all, “this benefit of Regulation 14 of Bank Employees’ Pension Regulations, 1995 Applies / is intended to Apply only to those Bank Employees, to whom Invalid Pension and Premature Retirement Pension are / is granted, it would have been Specifically Mentioned in the Text of Regulation 14 (of Bank Employees’ Pension Regulations) itself, “Stating that the Benefit of Regulation 14 is available only to those Bank Employees, to whom Invalid Pension and Premature Retirement Pension are / is Granted”, under Regulation 30 and 32 of Bank Employees’ Pension Regulations, 1995. Therefore, it is Pretty Clear, and Clear Beyond Reasonable Doubt and also Beyond any Shadow of Doubt, that Applicability and Coverage of Regulation of 14 are Quite General in Nature and “Apply to all the Bank Employees”, “Who Exit from the Services of the Public Sector Banks”, “Whether Such Exit is Called Voluntary Retirement” or “Resignation”. But then, the Question is, “Why the Title of Regulation 29 is given as Pension on Voluntarily Retirement?” There lies the Truth of the Matter. I am Very Specific on using the Expression, “Title of Regulation 29”, as Mentioned by Me hereinabove, because, “even in the Text of Regulation 29 also”, “Nowhere is it Specifically Mentioned” that “an Employee under Regulation 29” “Can Voluntarily Retire” from the Banks’ Service. Readers can Verify this from the Text of Regulation 29 / 29(1) of Bank Employees’ Pension Regulations, 1995, Reproduced by Me hereinabove. But, on that Account, does that Regulation Cease to be Applicable to Voluntary Retirement ? Definitely Not. Likewise, Nowhere is it Specifically Mentioned in Regulation 14 of Bank Employees’ Pension Regulations, 1995 that it applied to Voluntarily Retirement / Resignation. But, on that Account, Can / will Regulation 14 Cease to be Applicable to Voluntary Retirement / Resignation ? Definitely and Certainly Not. But, then the question is, “What is the difference between Regulation 14 and Regulation 29 / 29(1) of Bank Employees’ Pension Regulations, 1995, insofar as their applicability / application to Voluntary Retirement is Concerned ?” “It is Simple” “and Indeed, it is Very Simple at that “. The only difference between Regulation 14 (When it is applied to Voluntary Retirement) and Regulation 29/29(1) of Bank Employees’ Pension Regulations, 1995 is, whereas under Regulation 14 of Bank Employees’ Pension Regulations, 1995, an Employee, who Retires Voluntarily, “till now” / as per the existing Pension Regulations, is Entitled to Pro-rata Pension, for 10 Years’ Service, under Regulation 29 / 29(5) of Bank Employees’ Pension Regulations, 1995, an employee Retiring Voluntarily is entitled to “Additional 5 Years’ Service”, “Till Now” / as per the existing Pension Regulations : Barring that, there is absolutely No difference between Regulation 14 and Regulation 29 / 29(1) / 29(5) of Bank Employees’ Pension Regulations, 1995, insofar as their Applicability / Application for Voluntary Retirement is Concerned. Readers Can Notice, that, I have used the Words “till Now” / as per the existing Pension Regulations, while explaining the difference between the Application of Regulation 14 and Regulation 29 / 29(1) / 29(5) of Bank Employees’ Pension Regulations, 1995. I have been using the words “Till Now”, / as per the existing pension Regulations, because , upon Implementation of the VIth Pay Commission Recommendations to the Central Government Employees / Central Government Pensioners, Now, with effect from 1-1-2006, as per the office Memorandum of the Government of India, dated, 10th December, 2009, all Central Government Employees / Central Government Pensioners are entitled to “Full Pension with 10 Years’ / 20 Years’ Service”, and Since in the Memorandum of Settlement, dated 29.10.1993, introducing the Pension Scheme in the Banks, “In the Very Opening Words”, it has been Specifically Mentioned that the Pension Scheme to be Prepared and Applied to Bank Employees, will be “Broadly” “On the Central Government” and the “Reserve Bank Pattern”, and therefore, Logically Speaking, whatever Applies to the Central Government Employees / Central Government Pensioners equally applies to Bank Employees / Banks’ Pensioners “With Full Force” and “Vigour” and “On all Fours”.

Therefore, If we take the Actual Situation, into Account, “as things Stand Now”, the only difference between Regulation 14 and Regulation 29 / 29(1) / 29(5) of Bank Employees’ Pension Regulations, 1995, insofar as their Application to the Voluntarily Retired Bank Employees is Concerned, is that, an employee, Putting in a Service of 10 Years’ Service will get Pro-Rata Pension, whereas an Employee Putting in 20 Years’ Service will get Additional 5 Years’ Service, Apart from Pro-rate Pension for 20 / 25 Years Service. Barring that, there is absolutely No difference between Regulation 14 and Regulation 29 / 29(1) / 29(5) of Bank Employees’ Pension Regulations, 1995.

But, “hereafter”, If any Employee approaches any Writ Court, Praying for Payment of Full Pension, With 10 Years’ / 20 Years’ Service , he will, “instead of Pro-Rata Pension”, “get Full Pension, if he is able to explain to the Satisfaction of that Writ Court”, “that the Memorandum of Settlement, dated 29th October, 1993 Introducing the Pension Scheme in the Banks”, “in the Very Opening Words”, Categorically Promised that the Pension Scheme to be Prepared / Drafted to the Bank Employees will be “Broadly” on the “Central Government and Reserve Bank Pattern” and hence whatever applies to the Central Government Pensioners Equally applies to the Banks’ Pensioners.

The Content of Regulation 22(1) of Bank Employees Pension Regulations, 1995, which Speaks of Forfeiture of Entire Service and hence Denial of Pension to the Resigned Bank Employees, can be Easily Severed from the Rest of the Text of that Regulation, and it can be Read down to form Part of Regulation 29 or Regulation 14” of Bank Employees’ Pension Regulations, 1995, Which Speak, “Expressly and Impliedly” of Pension on Voluntarily Retirement and “Struck down” “as Unconstitutional”, to the extent of its Applicability / Application to Resignees of the Public Sector Banks, so that, “the Disability Conferred on the Resignees of the Public sector Banks , by Clubbing the Case of Disentitlement of Resignees of Public Sector Banks, With “the Terminated, Dismissed and Removed Bank Employees, for Pensionary benefits is Removed” , and the Case of Resignees is brought “ “on Par with the Voluntarily Retired Bank Employees” for Pensionary benefits”, “ both under Regulation 14 (For Employees, who Put in a Service of 10 Years or More) of Bank Employees’ Pension Regulation, 1995, and “ Under Regulation 29 / 29 (1) / 29 ( 5) of Bank Employees’ Pension Regulations, 1995 (For Employees, who Put in a Service of 20 Years or More) depending on the Number of Years Service Put in by the Bank Employees, who Resigned / Resign from the Service of the Public Sector Banks.

Therefore, Ultimately, the Picture thus emerges as a Consequence of the above Discussion is :

(1) Regulation 14 has No Application to the Superannuated Employees, as they Put in 30 / 25 Years’ Service as Explained hereinabove, “even though / even if they join the Bank Services very late (at the entry level)”., i.e. assuming that the concerned employees join the Services of the Public sector Banks, at the Maximum permissible age, i.e., at the age of 28 / 33 Years, even it the age of Retirement on Superannuation is 58 Years Only.

(2) Regulation 29 applies to Voluntary Retirement, “With 20 Years’ Service and under it” “an employee can get five Years’ Additional Service to his Actual Service”.

(3) As Per the Text of Regulation 22(1) of Bank Employees’ Pension Regulations, 1995, an Employee is Not Entitled to Pensionary Benefits, “Irrespective the Number of Years’ Service put in by any Resignee of the Bank”.

(4) Regulation 30 and 32 of Bank Employees’ Pension Regulations. 1995, which speak of Invalid Pension and Premature Retirement Pension to an Employee, who Puts in a Minimum of 10 Years’ Service “are Regulation Specific” and are Not General in their Application , as the text of Regulation 14”, at No Place” “Expressly or Impliedly Says”, “that it applies to Invalid Pension or Premature Retirement Pension only”. The Text of Regulation 14 clearly shows that it is “ Broad in its Sweep” And “Wide in its application’, and ‘it is intended to cover all the Employees”, “in General”.

It has been brought to My Knowledge and Notice, that some Public Sector Banks are telling Blatant Lies and Patent falsehood to the Retired Bank Employees, by telling them that Regulation 14 of Bank Employees’ Pension Regulations,1995, applies to Pension, on Retirement, “on Superannuation only”, and not to Voluntary Retirement. Those Bank Employees / Bank Retirees, to whom the Public Sector Banks, have been telling tales as above should question them, “as to Since when the age of Retirement on Superannuation has been Reduced to 38 Years (for general Category Employees) and 43 years” (For S.C. and S.T. Employees, with a relaxation of 5 Years’ Service to them), because, if the Maximum age limit for any Bank employment at the entry level is 28 Years / 33 years,, an employee’s age, Upon Putting in a Service of 10 Years, will be 38 / 43 Years, and if Regulation 14 applies to Pension on Retirement, “on Superannuation Only”, the age of Retirement “on Superannuation must be 38 Years / 43 Years’

Therefore, in the Ultimate analysis, “by Elimination Method”,

1. Pension on Retirement on Superannuation is Excluded from the Purview of Regulation 14 of Bank Employees Pension Regulations, 1995, as Regulation 28 of Bank Employees’ Pension Regulation takes care of it.

2. Pension on Voluntary Retirement is excluded from the Purview of Regulation 14 of Bank Employees Pension Regulation, 1995 (by the Reckoning of the Public Sector Banks), “as Regulation 29 Only” takes care of Pension on Voluntary Retirement (again by the Reckoning of the Public Sector Banks)

3. Invalid Pension is excluded from the Purview of Regulation 14 of Bank Employees’ Pension Regulations, 1995, as Regulation 30 of Bank Employees’ Pension Regulations, 1995 takes care of it.

4. Premature Retirement Pension is Excluded from the Purview of Regulation 14 of Bank Employees’ Pension Regulations, 1995, as Regulation 32 of Bank Employees’ Pension Regulations, 1995 takes care of it.

5. Pension on Compulsory Retirement is excluded from the Purview of Regulation 14 of Bank Employees’ Pension Regulations, 1995, as Regulation 33 of Bank Employees’ Pension Regulations, 1995 takes care of it.

Now, it is for the Public Sector Banks to Say :

“As to whom, does Regulation 14 of Bank Employees’ Pension Regulations, 1995 apply, after all the Retirement Pensions, as Mentioned above have been Specifically excluded from the Purview of Regulation 14 of Bank Employees Pension Regulations, 1995 ?”

In View of the Elaborate Explanation as above, “Necessarily”, Regulation 14 of Bank Employees’ Pension Regulations, 1995 “Applies to all Cases of Voluntary Retirement”, “Not Covered by Regulation 29 of Bank Employees’ Pension Regulations, 1995”. And It means that, the Cases of those Bank Employees, who exited from the Services of the Public Sector Banks, “with less than 20 Years’ Service” have to be treated, “either as Voluntary Retirement”, or “as Resignation”, by Applying the Ordinary Intellectual Faculties of an Ordinary Human Being, and Not the Intensely Incisive Intellectual Facilities of Extra Ordinary Human Brains. Readers, may take it that, when I am saying that the Cases of Bank Employees, who exited from the Services of Public Sector Banks should be Treated “as Voluntary Retirement” or “Resignation”, I literally mean, “what I all along held”, and Not, from the Stand Point of Regulation 22(1) of Bank Employees’ Pension Regulations, 1995, which Denies Pensionary Benefits to Resignees of Public Sector Banks. That Means, “Both Voluntary Retirement and Resignation are Same”, and Hence Pensionary Benefits cannot be Denied to the Resignees of the Public Sector Banks. Well, if it comes to that, if the Banks want to go by the “Letter of the Bank Employees’ Pension Regulations, 1995 Only” and Deny Pensionary Benefits to the Resignees of Public Sector Banks, let them treat all those, who exit from the services of the Public Sector Bank, after putting in a Service of “Ten Years or More”, as “Retiring Voluntarily from the Services of the Public Sector Banks” and “Pay Pro-rata Pension to them”

Now, it is for the Bank Employee, who Exited from the Services of the Public Sector Banks, after Putting in a service of 10 Years or More, to Bang the Banks, and Claim their Pensionary Entitlements :