RTI Filed To Know Who Inserted the Word "Superannuation" in the Joint Note

Place : Udupi       

Date  : 05/04/2012

To

The Central Public Information Officer

Dept. of Financial Services

Ministry of Finance, Govt. Of India                   

Jeevan Deep Building

10 Parliament Street,              

NEW DELHI - 110 001.

Dear Sir,

 Sub : Requisition of Information Under RTI Act 2005

 Ref : Payment of Pension to Bank Employees.

I am interested to have the following information under RTI Act

2005.

I. From the letter DD No. 14/1/1/2007-IR dated 10/08/2010 addressed to Sri O P Bhat, Chairman, Indian Banks Association by Sri Alok Nigam, Joint Secretary, Department of Financial Services, Ministry of Finance, Govt. of India show that sanction of Govt. is accorded to implement the terms of settlement/Joint note dated 27/04/2010 for grant of another option to the retirees and payment of pension to such retirees w.e.f. 27th November 2009, having regard to the letter No. HR & IR/MV/G2/Govt/220 dated 29/04/2010 of IBA.  I request you to furnish me a copy of said letter No. HR & IR/MV/G2/Govt/220 dated 29/04/2010 of IBA  addressed to Govt.

2.  Letter DD No. 14/1/1/2007-IR dated 10/08/2010 cited above show that sanction is accorded to Indian Banks Association instead of according such sanction directly to Nationalised banks to implement the terms of settlement/Joint Note.  However in reply to my appeal under RTI Act 005, Department of Financial Services Vide its letter No. 15/106/2010-IR dated 05/01/2011 informed me that IBA under-takes negotiations on behalf of banks and not on behalf of the Govt. But your letter dated 10/08/2010 implies that IBA is the agent of Govt. or intermediary between Govt. and nationalised banks.  If it is not so, Govt. would have communicated sanction to Banks directly.  Please inform me under which provisions of Banking companies (Acquisition and Transfer of undertakings) Act 1970/1980 or any other law for the time being in force, Indian Banks Association has been appointed as Managing Agent of Govt. of India or as an intermediary between Govt. of India and nationalised banks.  Please furnish, a copy of agreement entered into between Govt. of India and Indian Banks Association enabling IBA to act as an intermediary/agent.

3.  Copy of joint note dated 29/04/2010 is already in the “record Of Department of Financial Services, Ministry of Finance.  I am now sending enclosed a copy of Cir/HR & IR/G2/665/90/2010-11-999 dated 10/08/2010 addressed by Indian Banks Association to Chief executives of member banks.  The aforesaid letter dated 10/08/2010 of IBA in the 2nd, 3rd and 4th line of Para No. 13 states that [1]Quote[1] "in the case of officer employees those who ceased to be in service on account of retirement on “superannuation,” death or on account of VRS under special scheme prior to 27th April 2010 but after 29th September 1995 from Nationalised banks are eligible to opt for joining the pension scheme as retired employees" [1]unquote[1].  The word "Superannuation" is not found anywhere in the letter DD No. 14/1/1/2007-IR dated 10/08/2010 of Financial Services Dept. Govt. of India or in the Joint Note.  Please furnish me a copy of any other letter of department of Financial Services, Ministry of Finance on the basis of which the word “Superannuation" has been inserted by IBA in para No. 13 of their Circular quoted above. 

4.  If the word "Superannuation" was incorporated by IBA in the letter dated 10/08/2010 addressed to Banks on their own please inform me whether IBA has been directed at least subsequently to issue any corrigendum.

5.  Letter DO No. 14/1/1/2007 IR dated 10/08/2010 of Department of Financial Services also accorded sanction to IBA permitting payment OF  pension to retirees from among new optees w.e.f. 27/11/2009 pending necessary amendments in the Bank (Employees) Pension Regulations 1995.  Any joint Note, which at best is an inchoate agreement, a mere proposal, would attain legal sanctity only on necessary amendments to Pension Regulations which is a subordinate legislation, are carried out.  Merely because the Govt. had taken a decision to amend a statute does not mean that existing statute stand automatically changed.  The existing pension regulations authorise payment of pension, only to those who are members of pension Trust Fund of respective Banks.  New group can be admitted to the Pension Fund only after a provision is made in the Pension regulations by Gazzatte Notifications. However Parliament has every right to authorise Govt. to take such extra ordinary step depending on the exigencies.  Please furnish me a copy of such authorisation given by Indian Parliament to Govt. of India.

In payment of the fees towards furnishing the above information I am enclosing a postal order No.   for Rs. 10/- payable at New Delhi

Thanking you,

Yours faithfully,

(Shri A. Premanand Pai)

S/o A Panduranga Pai

"ANJANA" Ist Cross

5th Main Road

V.P.Nagar

Udupi - 576 102

Karnataka.