Sunday, November 6, 2011

Media and PoliticsMedia says that Team Anna and Ramdeo Baba movement were supported by BJP and RSS.

Media says that Team Anna and Ramdeo Baba movement were supported by BJP and RSS.
What is harm in it?

On issues of national concern, anyone can extend support to anyone including Congress Party. Even members of ruling party are also supporting Team Anna and Ramdeo movement, of course not openly.
Congress Party is also taking support of RSS backed BJP members. The much debated nuclear bill, MP salary revision bill, policy of reformation, and privatization, globalization and liberalization and many other important bills have been supported by RSS and BJP in the past.

Some hard core BJP supporters are even now in Congress party and some after getting exit orders from BJP are indirectly supporting Congress Party.

I therefore appeal to all politicians and media men to stop dirty politics immediately, otherwise people of India will not excuse
I am unable to understand why members of BJP make comment on the news like, Sonia is guiding MMS as remote control or Rahul Gandhi is going to be next PM or Rahul Gandhi should or should not be working president, MMS is weak PM ...
Why not they focus work done by BJP ruled state or what they promise to do in future to attract voters in their fold .........................They can highlight the failure of the MMS led government, corruption of ministers and members of ruling party------------they can highlight defects of policy adopted by the government, deficiencies in services extended by government departments, negligence of ministers and MPs, and also non performance of MPs in their constituencies.

Similarly Congress Party should not be worried whether BJP is guided by RSS and VHP or not, Modi is aspiring for the post of PM or not, Advani do not like Modi, Sushma is antagonist of Jaitley and so on............They should bother how to eliminate corruption from the system and not waste their time and time of media on whether team Anna is backed by RSS or not, BJP and Ramdeo are two sides of same coin or not and so on -----------They should avoid creating confusion and conflict among various right thinking persons to divide them.
They should focus on faults of state government led by BJP or NDA and highlight the negative points where BJP or its partners have failed to perform well................................
They can discuss various points of manifesto which goes against national interest in their view and so on……………..

All parties should desist from fighting in the past, concentrate of present quality of governance and future plans. They should avoid mutual blame game and think for voters in true sense
Why media is spending much time of their valued TV channel in conducting debate on difference of opinion among Team Anna members, between Modi and Advani, between Pranab and Chidambram and so on.......
Media should play constructive role of making India as one cohesive body instead of dividing the society on various disputed issues. Media should try to create harmonic relation among various caste and communities and not use points of dispute among various castes and communities to prepare them with daggers drawn against each other.

Saturday, October 16, 2010

Honest People Fear Police And Judiciary In India

Politicians often talk of black money parked in Swiss Banks but always fail in their exercise because they are not honest in their utterings.They made unprecedented hue and cry before last general election on huge amount of black money parked in Swiss Banks but politicians of all parties became almost silent after the declaration of election result. What they say and what they mean to do is always different. India is still rated rate as one of the top corrupt nations and one of the top ranking hunger inflicted state of the world even though Indian leaders claim and feel proud of achieving comparable GDP growth in the economy and said to be decoupled with global recession or global financial meltdown.

As a matter of fact rulers of this country could not stop increasing trend of corrupt practices in the system and continuous rise in formation, use and promotion of black money in the country and hence they cannot force foreign country to declare name of Indians who have parked money in Swiss bank. Similarly when investing agencies like CBI, ED, Vigilance, IT officials and other regulating agencies are themselves corrupt they cannot stop spreading cancer of corruption in the Indian body system.

(When rulers themselves are corrupt they cannot endanger their own money parked in either Swiss Bank or in Indian financial and real estate sector. When our rulers cannot stop Indian brand of terrorist known as Maoist or naxals on some plea or the other they cannot dream of stopping foreign based terrorist carrying out terror attacks on India.)

It is rightly said by the great writer Munsi Pre Chand.
"Jab Rakchak hi Bhakchak Ban jaye to vinash nishchit Hai"

When almost every minister at Center and almost every minister in each State government is indulged in making money through corrupt means, when officers in general are involved in corrupt game played by politicians and when all authorities entrusted with the duty of stopping and removing corruption from the system and finally unearthing ill earned money are busy in making money through corrupt means who will make serious efforts to unearth money held in Swiss Bank.

Persons or group of person who have kept their black money in Swiss Bank are none other than politicians and government officers. When top officers and top ministers are corrupt one cannot imagine of businessmen and professionals abiding by Indian rules and following rule of ethics. It is government officers and politicians who make survival of honest service men, honest businessmen and professionals difficult and force them to manufacture black money and share with them to live peacefully. Honesty has rather become curse for government servants as well as businessmen and professionals.

Black money is not only in Swiss bank, it is parked in banks in India too. Black money is concealed in form of gold, land and building, apartment, big bazaars, farm houses, private professional colleges and in almost all big houses. Black money is visible to all whose eye is not jaundiced with the decease of black money. Nine out of ten multi storied residential building and commercial complex in Metros and big towns are constructed by ill earned black money only. It is open secret. As such it is not necessary to focus attention on money parked in Swiss Bank and make politics out of it but is more important to focus on black money parked in India and which is visible in India itself.

It is necessary for almost all politician and officers working in government and government departments to introspect and look into their heart whether they are really honest. Politicians in general cannot afford contesting and winning an election without the help of black money received from businessmen and at the same time without the indirect support of controlling officials none of the businessmen can imagine of tax evasion.

Without the support of corrupt officers, none of the contractors in India can carry out their tendered allotted work. More than fifty percent of value of contract work allotted by government to contractors is consumed in distributing commissions to corrupt officers and politicians. Ministers cannot even organize a rally without the financial support from local corrupt officers, black money of rich businessmen and professional.

I therefore feel that work of purification should start from our own land, our own offices, our own banks, our own politics, and our own administrative system. Foul game to blame to foreign agencies for every lapse on our part must stop forthwith if we Indians are really interested to see India shining.
India must stop flattery culture because this culture is the root cause of all evils. None of government servants can dream of good posting and timely promotion without indulging in flattery to big bosses and powerful politicians. It is therefore necessary to make transfer, posting and promotion fully transparent and remove all bottlenecks which gives scope of whimsical decision in the matter of posting and promotions. It is the need of the hour to punish those who are misusing their delegated powers and who promote flattery culture by taking arbitrary decisions.

CBI, Vigilance department, Band, IT department, IB ,Anti corruption offices ,custom officials all such regulating agencies which are established for prevention and elimination of corrupt practices should be made more powerful and given sufficient man power to carry out their holy job. Any officers found indulging in corrupt practice in such department should be punished severely without any discrimination based on caste, community or religion.

Political interference in administrative matters, police action and judiciary must be stopped even if for this matter rules of the land are needed to be altered, made more severe and non-discriminatory. Delegation of power in one hand at all levels and in all offices must be diluted to the possible extent without giving scope of delay in execution of plan and projects. Officers who misuse power must be punished immediately.

And last but not the least, MLA and MP who rule the country should not be elected by votes of illiterate and criminals but selected from top IAS and IPS officers, toppers of colleges, reputed social reformers, successful bankers, reputed honest businessmen and from persons of undisputed character. System of garlanding top officials and political leaders, giving red carpet welcome to top officers must be stopped immediately. Practice of spending crores of rupees in inaugural functions or in felicitating top officials or ministers must be stopped forthwith through an ordinance at least for one year to start with.

Judiciary should be provided adequate quality man power so that pendency in court is made zero and justice is made available in shortest span of time to all aggrieved Indian citizen. An environment has to be created in the country where criminals of all nature have fear of action in their mind and in their core of heart. It is tragedy that in our country police actions in our country is against good citizens and punitive action through court orders is also possible against good citizens. Actual crime doers use judiciary to perpetuate their reign of crime .If this fear of action is ensured at all levels I am very much sure that black money from Swiss Bank or Indian Banks will automatically come on the floor and people will be motivated to use the money for constructive purposed rather than parking in foreign or Indian bank.

Honesty is the best policy has to be proved at ground level. Merit and merit has to be respected in our country if we Indians really want India to grow at grass root level.GDP growth shown by ministers to International agencies is not at all helpful and pleasant for majority of Indians who are unable to even afford their normal livelihood and manage respectful life.

It is worthwhile to mention here US President Mr. Obama has taken many steps to reform US banking culture taking lessons from 2008 financial crisis. On the contrary our government is still unaware of growing sickness in Indian banks only because we Indian know how to play with data, sink and swim in the sea of data. When USA, pioneer of reformation, liberalization, privatization and globalization has started revisiting the policy of outsourcing, policy of concentration of power in few hands, policy of complete freedom to trade icons and policy of complete freedom to banking industry so that more and more employment opportunities are generated for US citizens, expenses on executives is cut to size, and corrupt practices in US system is put an end for good and for eve. Why not Indian politicians learn lesson from their masters at least and ensure transparency in all their action and why do they not discard vote bank politics based on caste, community, religion and region is a big question to answer and a big challenge for those whose vision is to see India really shining in the world.
Danendra
16.10.2010

Saturday, August 28, 2010

Whisle Blowers and Informers

Why government is so weak and helpless that it cannot catch ill earned money, black money or money parked in Swiss bank or domestic banks? Why should informer take the risk of informing endangering his personal life? Everyone in India knows that Government has failed to save common men from extorters and local dada elements available in small or big towns. Even Home Minister has expressed his helplessness on large scale extortion carried out by Maoist. Even police personnel MLAs and MPs pay to these local Mafias to survive.

Who will save India from corrupt people sitting at all important posts? Is our government now dependent fully on informers and whistle blowers on the matter of corruption or terrorism or naxailism? Why does our government want department meant for this purpose to keep their eyes and ears closed and become active only when media or any informer cry or make an issue of it?

Top IAS officers are caught with ill earned crores of rupees,MPs are caught having or reported to be have hundreds of crores of rupees though they earn less than Rs.50000/ p.m., Ministers 9like (Lalu,Madhu Koda, Sibu Soren, Kalamadi and others ) are said to be involved in corrupt wealth game (CWG), several government babus have been found to be millionaire and accumulated property worth ten time of their total earning in total of their service or business life, pundits and protectors of religious trust at Balaji have been caught in scam worth thousand of crores of rupees in changing of pure gold ornament by fake gold , several IT officials have been caught red handed accepting bribe ,armed forces have been caught in corrupt practices in the recent past and so on. Now even judges have been found copying and using illegal means to pass the examination for promotion.

Judges and advocates are found and trapped copying or using unfair means during examination for promotion. It is not a new thing in India. Almost all examinations and all Interviews taking place in India are conducted carelessly with malicious intention of earning unfair gifts and bribe from examinee and hence use of unfair means during examination is very much common. Bribing the team members of Interview panel to ensure success in recruitment or in promotion processes is the tradition in all offices, banks and insurance companies. Right from school examinations to all top examinations and also in all competitive examinations, large scale use of unfair means takes place in nexus with inspecting officers or invigilators. Leaking of question papers of all important exams is possible and examinees usually take help of leaked question papers to pass the exams. There are some publishers who sell the guess papers at phenomenal high rate containing important questions acquired from question setters. There are many top officials in all offices who sell even postings, no to speak of promotions and recruitments. This is our great India.

Corruption is so much spread in every corner of the country and so much effectively in practice that honest and sincere student and sincere workers have become helpless and there is fact none to raise voice against corrupt people. Even if someone raises voice there is in fact none to listen or else voice raiser is directly or indirectly punished by the corrupt system or he is tortured to surrender or succumb to die. Birds of same feather are sitting on effective and powerful post. Even judges are corrupt and hence one cannot dream of justice through legal action. Now-a-days it is safe to follow corrupt ways and means to grow richer and more powerful and also to lead a peaceful and pleasant life. Otherwise it is better to become silent spectators of all corrupt practices and try at least to bear with reign of injustice.
Dkjain49709@rediffmail.com
28.08.2010

Thursday, August 19, 2010

Crime Crime Crime


In addition to four issues (corruption, naxalism, price rise and Kashmir issue) of national concern pointed out by BJP, I feel there is one more crucial issue and which is the root cause of all diseases.

In my view it is judicial inefficiency, inertness, delay, and incompetence. I am of the opinion if judiciary ensures honest, affordable for common men, quick (time bound) and unbiased delivery of judgments there will be fear in the mind of all evil doers.

All crimes emanate and grow from the fact that people do not fear police officials and courts. Creation of fear will greatly help in reducing the rate of crime, corruption, naxals attacks, terrorist attacks, Pakistani infiltrators, interference by politicians, corruption in government offices and what not.

As long as there is no fear of punishment people will continue to indulge in corrupt practices. Difference is that top officials and ministers commit such evils through verbal instruction and phone calls whereas low level workers are mostly made scapegoat whenever any action is under compulsion taken.

Flatterers play a big role in perpetuation of all evils which we see in our society and in our country. All top officials are surrounded by flatterers who not only provide shield to evil doers but also irrigate and promote the same culture down the line.

As such quickest punishment only can keep evil doers away in all fields. At least victim should not feel pain in going police department or court for safety and justice.

If all department works honestly and efficiently in India I think all crucial problems will automatically sorted out.

Standard of education is poor in India because none of schools and colleges functions well and none of education inspectors and vigilance officers conduct inspection, inquiry and investigation honestly.

Fake medicines, adulterated food, fake certificates, fake notes, fake passports etc are in market only because concerned officials are selling their power. Companies indulge in creation of black money or tax evasion or in black-marketing or in artificial rise of prices only because they can acquire and buy certificates from Chartered Accountants and concerned offices.

Crimes grows, terror attacks and naxal extortion of money grows only because police officials are easily managed and decisions in courts are easily delayed or brought in favour of evil doers.

Politicians can earn crores of rupees from contractors because concerned officials who sanction the bill, supervising authorities like IT or CBI or Vigilance department officials are purchasable
If we add total money spend through Indira Awas Yojna on construction of houses for poor villagers and total number of houses built during last twenty five years of the scheme, I think result will astonish each and every Indian. I think number of houses built will be more than number of actual population of families in villages and towns. Obviously fund meant for Construction of houses for poor villagers and slum dwellers are eaten away by mediators (mostly local mafias and political workers), officers and babus working in blocks and houses are mostly built on papers.

Borrowers in banks do not repay loans to banks and financial institutes because they know very well that banks and FI cannot recover money from them easily through court action and ultimately they will either waive the loan or come for compromise.

Environment is polluted because Pollution control Board sells Pollution Clearance Certificate without knowing and inspecting the sites.

Tax evaders are successful in tax evasion because tax inspectors sell the tricks to get rid of taxation.

Government Hospitals are not providing proper medical care because doctors and health inspectors are busy in earning commission from medical representatives and pathological laboratories. Ministry of Health affairs is indulged in making money from medicine manufacturers

Honest people do not raise the voice against injustice because they are afraid of illegal action against them and willful torture by higher bosses. Flatterers and corrupt officials get easy promotions and good postings superseding many good officials. Who will stop whimsical transfers and arbitrary promotions at he cost of good officers when entire lobby at op offices are made of yes-men.

People are even afraid of lodgment of FIR in Thana.Why? It must be pondered over seriously by all right thinking Indians. Victims do not resort to court case because they know that their entire life will be spoilt but they will not get justice from Indian courts.

As such India needs strict police and efficient courts to deal with criminals. Government always advises people of India to use RTI as weapon to stop corruption. But mere information is of no use if punitive action is not possible against criminals in shortest time period.

And criminals are criminals, they do not have colour, caste, community, region or any privileges to be acquitted.

Interference of Politicians and rich people must be abolished by hook or by crook.

Last but no the lest I would like to say that whenever Indian rulers talk of GDP growth, economic reformation, privatization, liberalization and globalization, they invariably talk of USA, UK, Japan, China and other develop countries. I simply ask them why not they take lesson from these developed countries on the issue of judicial process and control mechanism on crimes and corruption.
Danendra Jain
20.08.2010
Dkjain49709@gmail.com

Thursday, August 12, 2010

Judiciary is used to avoid or postpone punishhment

( An Open appeal to Prime Minster of India and Finance Minister of India)

Subject: Illegal recovery from PF optees in PSU Banks
And
Misuse of usual delay in judicial process

I would like to draw your kind intervention in the matter of second offer of pension being given to bank employees who did not accept pension offer in 1993/95 when pension scheme was first introduced in banks in lieu of contributory provident fund.
After prolonged movement by bank employees for almost 15 years and after 30 months agitational programme, Indian banks Association (IBA) signed an agreement with United Forum of Bank Employees (UFBU) on 27th of April. Till 25th of April 2010 there was never a talk among leaders during last 15 years that there will be recovery from PF optees from their arrear if they are given second option for pension. But in the eleventh hour, union leaders who are mostly retired employees were ill motivated by IBA and it is they played a mischievous role to introduce a discriminatory clause in the agreement which enables banks to recover 2.8 times of revised salary of November 2007 from such employees who opts for pension.

Obviously those who opted for pension in 1993/95 got free option for pension whereas those who will opt for the same benefit after 15 years prolonged movement will have to purchase the same by paying Rs.50000 to more than one lac rupees. This discrimination is clearly in violation of spirit of Equality of Law granted under Indian Constitution.

Since the agreement was signed by a few say 20 union leaders on behalf of eight lac bank employees IBA got an upper hand in executing even legally invalid clause. In such position bank employees all over the country started condemning the said bipartite settlement, formed fresh unions and finally filed writs in various high courts.

On 24th June 2010 Madras High Court granted interim stay on recovery from PF optees.

But IBA and bank management in nexus with mischievous union leaders filed another writ in the same court for vacation on stay on the false but emotional plea that retired employees are on the verge of death and banks are unable to start pension payment to them because they have no fund and they not got refund from retired employees.

Court due to its busy schedule heard the petition on 10th of August 2010, considered the pain of retired employees and vacated the stay.

IBA and union leaders in particular and people of India understand it very well that once the court case is filed in any Indian court, it will take a decade or two decade in getting final judgment on any issue. In such situation banks can execute the disputed agreement.

It is open secret now that banks will not only spend lavishly on advocate to prolong the hearing , torture the fighting employees and but also try its best to weaken the fighting intensity of employees who have moved courts in the large interest of three lac retired and three lac serving employees.

Obviously bank employees for none of their fault will have to pay Rs.50000/ to more than one lac to purchase pension offer which is absolutely illegal and not reasonable from any angle of consideration. Such discriminatory recovery never occurred in any department in our country. This historic blunder is going to be committed by bank management and bank employees will become victim of faulty judicial process as everyone knows that it takes High courts and Supreme Court two to three decades in deciding any case.

I therefore make an earnest appeal to you to advise finance ministry, banking division, law ministry and IBA to bring about necessary change in the agreement or else government of India should promulgate an ordinance and make bank employees at par with Central government employees and nullify the said discriminatory agreement. In the recent past when dispute arose between IRDA and SEBI government of India with the help of ordinance nullified the effect of court case filed by IRDA against SEBI.

Alternately you can ensure expeditious judicial process by appointing special bench in Supreme Court combining writs filed at various High courts to decide the issues of writ in fixed time frame of 30 days. .

It is the most disheartening and sad story of Indian judicial system that courts are used in general and in practice not to get justice but to perpetuate reign of injustice. Courts seldom award punishment to guilty person in time but spend so much time in the process of judgment that the victim is either extinguished or the very purpose of filing a case is defeated or loses physical, mental and financial energy to such a pitiable extent that the case filed for justice is ultimately left unattended and become useless and endless. Even the veteran criminals get relief once the police files case in any court. It is very easy to prolong the judicial process as per whims and fancies of the criminal and at least till all witnesses or all plaintiffs are finished or become ineffective.

For your ready reference and to enlighten you more on the subject I submit hereunder some important points related to pension rules and subsequent agreement prevalent in banks.

1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?

2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?

3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?

4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?

5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?

6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?

7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?

8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?

9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?

10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cut violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India.

I am fully confident you will take all possible steps to give justice to six lac bank employees who have been badly affected by said agreement. It is worthwhile to mention here that bank management has already recovered Rs.1800 crores from serving employees who will be given second offer for pension as per said Agreement. Not only this , even trade unions participating in the said agreement has realized more than two hundred crores from bank employees as Levy or their remuneration or fee for negotiating with IBA and for signing on the said agreement.
dkjain49709@rediffmail.com

Wednesday, August 11, 2010

An Appeal for Jusice

( An Open appeal to Prime Minster of India and Finance Minister of India)

Subject: Illegal recovery from PF optees in PSU Banks
And
Misuse of usual delay in judicial process

I would like to draw your kind intervention in the matter of second offer of pension being given to bank employees who did not accept pension offer in 1993/95 when pension scheme was first introduced in banks in lieu of contributory provident fund.
After prolonged movement by bank employees for almost 15 years and after 30 months agitational programme, Indian banks Association (IBA) signed an agreement with United Forum of Bank Employees (UFBU) on 27th of April. Till 25th of April 2010 there was never a talk among leaders during last 15 years that there will be recovery from PF optees from their arrear if they are given second option for pension. But in the eleventh hour, union leaders who are mostly retired employees were ill motivated by IBA and it is they played a mischievous role to introduce a discriminatory clause in the agreement which enables banks to recover 2.8 times of revised salary of November 2007 from such employees who opts for pension.

Obviously those who opted for pension in 1993/95 got free option for pension whereas those who will opt for the same benefit after 15 years prolonged movement will have to purchase the same by paying Rs.50000 to more than one lac rupees. This discrimination is clearly in violation of spirit of Equality of Law granted under Indian Constitution.

Since the agreement was signed by a few say 20 union leaders on behalf of eight lac bank employees IBA got an upper hand in executing even legally invalid clause. In such position bank employees all over the country started condemning the said bipartite settlement, formed fresh unions and finally filed writs in various high courts.

On 24th June 2010 Madras High Court granted interim stay on recovery from PF optees.

But IBA and bank management in nexus with mischievous union leaders filed another writ in the same court for vacation on stay on the false but emotional plea that retired employees are on the verge of death and banks are unable to start pension payment to them because they have no fund and they not got refund from retired employees.

Court due to its busy schedule heard the petition on 10th of August 2010, considered the pain of retired employees and vacated the stay.

IBA and union leaders in particular and people of India understand it very well that once the court case is filed in any Indian court, it will take a decade or two decade in getting final judgment on any issue. In such situation banks can execute the disputed agreement.

It is open secret now that banks will not only spend lavishly on advocate to prolong the hearing , torture the fighting employees and but also try its best to weaken the fighting intensity of employees who have moved courts in the large interest of three lac retired and three lac serving employees.

Obviously bank employees for none of their fault will have to pay Rs.50000/ to more than one lac to purchase pension offer which is absolutely illegal and not reasonable from any angle of consideration. Such discriminatory recovery never occurred in any department in our country. This historic blunder is going to be committed by bank management and bank employees will become victim of faulty judicial process as everyone knows that it takes High courts and Supreme Court two to three decades in deciding any case.

I therefore make an earnest appeal to you to advise finance ministry, banking division, law ministry and IBA to bring about necessary change in the agreement or else government of India should promulgate an ordinance and make bank employees at par with Central government employees and nullify the said discriminatory agreement. In the recent past when dispute arose between IRDA and SEBI government of India with the help of ordinance nullified the effect of court case filed by IRDA against SEBI.

Alternately you can ensure expeditious judicial process by appointing special bench in Supreme Court combining writs filed at various High courts to decide the issues of writ in fixed time frame of 30 days. .

It is the most disheartening and sad story of Indian judicial system that courts are used in general and in practice not to get justice but to perpetuate reign of injustice. Courts seldom award punishment to guilty person in time but spend so much time in the process of judgment that the victim is either extinguished or the very purpose of filing a case is defeated or loses physical, mental and financial energy to such a pitiable extent that the case filed for justice is ultimately left unattended and become useless and endless. Even the veteran criminals get relief once the police files case in any court. It is very easy to prolong the judicial process as per whims and fancies of the criminal and at least till all witnesses or all plaintiffs are finished or become ineffective.

For your ready reference and to enlighten you more on the subject I submit hereunder some important points related to pension rules and subsequent agreement prevalent in banks.

1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?

2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?

3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?

4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?

5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?

6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?

7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?

8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?

9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?

10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cut violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India.

I am fully confident you will take all possible steps to give justice to six lac bank employees who have been badly affected by said agreement. It is worthwhile to mention here that bank management has already recovered Rs.1800 crores from serving employees who will be given second offer for pension as per said Agreement. Not only this , even trade unions participating in the said agreement has realized more than two hundred crores from bank employees as Levy or their remuneration or fee for negotiating with IBA and for signing on the said agreement.





12.08.2010

Sunday, August 8, 2010

CMD bank of Baroda, bank of India, Bank of maharashtra

I desire to place following questions before Banking Division, Ministry of Finance, Prime Minister of India, President of India and all trade Union Leaders in banks. I hope you will give due place for this appeal which will serve the purpose of lacs of bank employees.

QUESTION EVERYTHING!....SAID SOCRATES! WE THE PF OPTEES QUESTION THE PENSION SETTLEMENT!
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cu violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India. We appeal to both IBA AND UNIONS to re-open the settlement and take corrective measures.
We hope BANKS AND UNIONS WILL ANSWER THESE QUESTIONS!