All India Regional Rural Bank Employees Association
(A Coordinating Body of National Federation of RRB Officers &
National Federation of RRB Employees)
Adviser: Ajit Kumar Ghosh
GOLDERS GREEN
President: C. Rajeevan
Ground Floor F-G
Block
Secretary General: A. Sayeed Khan
1 Nazrul Islam
Avenue (VIP ROAD)
Kaikhali Kolkata –700 052
Circular No. 64
Date: - 27-11-2014
Dreams of dada Mukherjee come true
To,
All Units/State Federations/C.C. Members/
Office Bearers/ All others concerned
Dear comrades,
Sub: - Pension Parity case before the Hon’ble Supreme Court – Historic
order on 26-11-2014.
Ref: - 1. Our Circular no. 59 dated 31-10-2014.
2. Our Circular no. 61 dated 15-11-2014 (Hearing date was 13-112014).
AIRRBEA and its leadership at all levels recall with deep sense of
respect and gratitude to the profound belief and conviction of our
beloved deceased leader DILIP KUMAR MUKHERJEE who quoted in a
mobile message with the language – “ How can I Leave this world
without achieving the Pension Parity for the RRB staff/family”.
This was written sometimes in January, 2013 and he expired on
31stMarch, 2013. By that time the pension parity was accepted by
Hon’ble Karnataka High Court and also Hon’ble Rajasthan High Court
under the effective legal persuasion by the AIRRBEA leadership. But
the matter of Pension Parity remained unimplemented due to the SLP
filed by the Government of India in the Supreme Court against the
judgment of the Division Bench of Hon’ble Rajasthan High Court in
August, 2012.
AIRRBEA leadership carried the legacy of follow up of the legal course
with all seriousness responding to the rightful hopes and aspirations
of the RRB men on one hand, and the unstinted conviction of Com D K
Mukherjee and other leaders of the AIRRBEA in the matter of
achieving Pension Parity for the RRB staff, on the other.
As informed earlier vide our above references, current phase of
hearing of the Pension Parity case started on 29th October, 2014 in
Court no. 5 at item no. 2.
Next hearing date was 13-11-2014, and though it was item no. 2 in
the Court no. 5 but the case could not reach for hearing till 04:00
p.m. as hearing on item no. 1 continued for the whole day.
Then the matter was listed on 20th November, 2014 in Court no. 6 at
item no. 8. But the hearing could not be completed on that day after
the arguments of our Senior Advocate Sri K K Rai put up his
arguments.
It was only after the lunch hour on 20-11-2014 that Senior Advocate
Sri. K K Rai argued on behalf of the AIRRBEA with very relevant points
for disposal of the case keeping in view the acceptance of Parity by the
Government of India through its affidavit submitted to the Court.
The next hearing was on 26-11-2014 as item no. 1 in court no. 4.
Historic Judgment as stated below percolated through our
sms/Advocate message, came after our another Senior Advocate Sri
Chander Uday Singh argued very effectively when the writ petition
filed by our units i.e. Kerala Gramin Bank Officers’ Union and Kerala
Gramin Bank Employees’ Union (erstwhile SMGB) was taken up for
hearing on the subject.
We confirm having sent the following message on 26-11-2014 from
New Delhi after the Judgment came – “The writ petition filed by the
Kerala Gramin Bank Officers Union and Employees Union heard today. As
suggested by Mr. Chander Uday Singh, Sr. Adv appearing for the above
Union that Govt. of India in principle agreed for Parity in Pension in their
affidavit filed in the Writ Petition, the Court suggested the stakeholders to
try to have settlement with Govt. on modalities of payment of pension
within a period of three months. The petitions are adjourned for 3 months.
A Sayeed Khan”
Here the stakeholder means the Writ Petitioners i.e. our units in Kerala
Gramin Bank
Also we enclose the detailed message dated 26-11-2014 received from
our Advocate on record on the above Writ Petition, Sri C K Sasi –
The writ petition filed by the Kerala Gramin Bank Officers union and
Employees union came up for hearing before the Bench consisting of
Hon'ble Mr. Justice Jagdish Singh Khehar and Hon'ble Mr. Justice Arun
Mishra
today.
Mr.
Chander
Uday
Singh,
Senior Advocate appeared on behalf of the union.
It was submitted by the Sr. Advocate that the Govt. Of India in principle
agreed to implement Parity in Pension in RRBs in terms of Pension in
NCBs which is evident from the counter affidavit filed by the Govt. in
the writ petition. It is further submitted that the Govt. cannot go beyond
the affidavit on oath. The relevant portions in the file
noting of the Ministry were also referred to.
It was further submitted that the scheme submitted by Govt. for
implementing pension in RRBs is unworkable by referring to the figures
of Kerala Gramin Bank as an example. It was pointed out that NABARD
in fact rejected the financial factor while preparing the model pension
scheme and rules. It was further pointed out that all RRBs are now profit
making and the union has a proposal for working out the pension
scheme if a settlement can be worked out.
The Court opined that in view of the stand of the Govt. that Pension can
be implemented in RRBs in the affidavit, the question of parity in
pension has become academic. In view of this the court suggested to
work out the modalities of a settlement with the participation of all stake
holders.
This
suggestion
was
accepted
by
the
Asst.
Solicitor General appearing for Union of India.
The Court accordingly adjourned the matter for three months within
which the unions/federations would discuss the modalities with Govt.
and RRBs with participation of other concerned agencies. The unions
who are parties in the Special Leave Petitions are also permitted to
participate.
The
court
further
directed
the
Govt.
to
supply all necessary documents to the unions connected with the Pensio
n.
The case will be listed after three months.
Regards
C.K.SASI
Also we confirm having sent our sms dated 26-11-2014 with following
text –
“AIRRBEA Core Committee with other two, com K G Madanan and Com
G Hegde, will meet at Bangalore on 08-12-2014 on Pension Parity order of
the Supreme Court dated 26-11-2014 for working out our task. A Sayeed
Khan”.
Order of the Hon’ble Supreme Court dated 26-11-2014 on the above
subject will be available this evening or tomorrow, copy of which will
be sent to all concerned immediately on receipt of the same
Comrades, the main hurdle of legal battle is over, let us go ahead
with all seriousness to play our role in the remaining areas.
Fund for Pension Parity case - Referring our circular no. 62 dated
15-11-2014 we request that the defaulting units should
immediately respond to the call of the AIRRBEA for the
contributions at the rate of Rs. 600/- for officers, Rs.400/- for clerical
staff and Rs.200/- for sub ordinate staff respectively to meet up the
huge expenditure towards the Pension Parity case.
With greetings and congratulations for the patience of our
membership in the struggle for Pension Parity.
Comradely yours
(A Sayeed Khan)
Secretary General