GNS writes . It is what we can expect .....

 I read with interest a long article in which the author categorically opines that upgradation is not only viable but is also OBLIGATORY on the authorities concerned  to grant it. I believe it is yet another attempt to boost the sagging morale of the pensioners.Whatever it is I consider it necessary to frankly express myself  in the interests of the pensioners and appeal to them to be practical  in assessing 'obligatory ' part of the author's views.

I have always regarded shri CHM as a highly knowledgeable  person  on pension related matters notwithstanding  my strong opinion that his role in running the Hyderabad Association as a seperate  entity by remote control from Chennai is in effect only undermining the unity of  retired officers. I complement him on the points made out by him in his long note except on his observations  regarding the provisions of Rule 56 & 55 b.

Before I proceed it is relevant to recall the lengthy discussions I have had in the past with late shri Rajagopalan of Bangaluru on the issue viz. to what extent  the aforesaid rules can come to our rescue on our demand for upgradation. Both of us(myself & Raj)are perhaps the only two retired persons from class 1 positions in LIC  who had taken to legal Profession seriously and actively on retirement as members of the bar of our respective High courts for over 25 years.He was strongly of the view that harping on Rule 56 should bring us the desired results but I was never in total agreement with it for the following reasons: 

a) Rule 56 ,despite the expression 'shall ' used therein is not a mandatory provision but is only a rule of guidance for the administering authorities of pension funds to deal with situations arising out of any defect,lacuna,omissions etc in the pension rules of LIC.  In fact the pension rules for Banking sector , GIC etc also contain exactly similar Rule. This rule, to my knowledge,  has not been even once  invoked by the govt.so far. At best ,it grants only a discretionary power to the concerned authorities.

b) No pension rule including the one for govt employees provide for automatic hike in pension in sync with  each wage revision for serving employees. If it was there bank pensioners would not be bargaining today

with IBA for it!! CHM has referred to the new service rules for govt introduced in 2021 by repealing the earlier one of 1972. I would like to be enlightened on whether any enabling provision for upgradation of pension is incorporated in in the new CCS rules.( In this context I recall the repeated query raised by Jusice Deepak Misra during the hearing of our pettition earlier in 2015-16 viz" IS there any provision for it in your pension Rues ? ".As a matter of fact he directed the case to be remanded to Delhi HC only AFTER our senior counsel pointed out that we were directly seeking only  the invalidating of rule 3b on DR issue.Oiherwise we would not have got an opportunity

at all to seek judicial intervention on upgradation issue)

C) It must be remembered that govt pensioners get upgradation not under their pension rules but under the recommendations of successive pay commissions with unfettered option for govt. to accept or reject it.

d)Thanks to the hype created by certain leaders we are fond of claiming parity with central govt/ RBI . That we cannot has been already settled at SC level.

As regards Rule 55 b , it is  obvious that it was introduced to give effct to the policy of the govt. to bring about parity between top ranking executives of Banking and insurance P.S organisations and the officers at certain levels in the govt.heirarchy. It is clearly far fetched to contend that the rule  introduces/ recognises upgradation for all.In any case I feel that no Court or judge will  go deep into such intricate aspects .

To sum up let us not imagine that we have a water-tight legal right to upgradation.  What is needed for success for us is to highlight our points on viability aspects and win by playing the sympathy card before the court as it involves the question of doing justice to the pensioners whose basic emoluments which have remained static for nearly three decades. Whatever may be the expectations of 'leaders'/ activists It is my personal view that some form of upgradation will automatically accrue to us but ONLY after the bank pensioners get it by the efforts of their organisations. Govt.will have to yield to them because of the important roles  of banks in the implementation of  its economic policies. Of course it calls for our sticking to 

our virtue  of monumental patience but there is little alternative for it.

I know my views will be treated as 'negative ' by some leaders and it will be no issue with me as I had already been branded even some seven years back as ' anti-upgradationist' by some of our friends at Kolkata and also by a venerated leader of Hyderabad!!.I spell out only what my conscience dictates.

Once again with my sincere good wishes to ALL,

GN Sridharan