IBA has misused to recover illegal money from PF optees in banks to pay pension to retirees.

( 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

Few questions before IBA and Union Leaders of PSU banks

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!

Injustice with bank employees

I submit some points hereunder highlighting reign of injustice in banks perpetuated by team of officers sitting at the helm of affairs in collusion wit union leaders.

There is practically no stagnation for central government employees as per last pay commission recommendation and as accepted by government of India.

Why is there stagnation for bank employees particularly when bank is not in a position to accommodate so many candidates in higher scale, when there are fewer vacancies?

For none of fault of senior officers, they are denied promotion as also annual increment. It is really a fun that they are not given even full terminal benefits when they resign at their own.

When banks do not find such senior officers for promotions, bank should not hesitate in accepting resignation of such officers and allow full pension and retirement benefits. Why officers who resign are not allowed pension, leave encashment or refund of accumulated bank's contribution in PF etc. Bank can remove an officer as per its choice but staff cannot leave the job without loosing his rightful terminal benefits.

Officers who have transferred from outside states to North East States were getting so many incentives as per 1984 circular or as per guidelines of IBA as prevalent for central government employees working in other sectors in eighties. Why these incentives have not been revised during last 25 years?

Special allowance fixed Rs.1200/ or Rs.1500/ for specified area is common for all staff posted in North East region. What about additional benefits for those who are transferred from other states to North East?

For outsiders, there was a provision of Rs.1500. p.m. in 1984 when Rs.1500/ was a significant amount compared to prevailing scale of pay for officers at that time. Now even that Rs.1500/ (it should be at least 10000 in view of price rise and scale rise during last 25 years) or 12.5% of pay has been abolished.

Originally North East posting policy was framed for enthusing employees to serve in north eastern based branches for two years and then they were given preferred posting. Unfortunately this holy policy is now misused by greedy and corrupt executives to sideline good officers from their path of earning illegal money and golden gifts.

Incentives of NE posting have also been snatched and left on whims and fancies of executives. Preferred posting after completion of two years tenure also lies on the mercy of top officials. ED or top executives in banks do not have fear in mind in violating the existing policy or misusing the same in the name of bank’s exigencies.

After all what union leaders are doing?

There are lacs of bank employees who are continuously working in rural areas, say for one or two decades or even more.

On the other hand there a few lacs of bank employees who are continuously posted in Metros and Urban areas.

Unfortunately residual a few of employees are facing frequent transfers from one corner to the other corner of the country.

It clears defeats the very purpose behind rural posting policy and NE posting policy framed by government of India. Banks do not hesitate in violating its own transfer policy or promotion policy. Officers posted continuously in rural areas seldom get promotion because their fate depends not on performance but on whims and fancies of Interview panel. Members of Interview in general award marks based on merit of employees on points such as flattery, gifts and welcome kits. Justice is nowhere visible.

After all what union leaders are doing?

Answer is that they are also standing in the same que in which a team of flatterers are standing to get maximum benefit from higher bosses, cream posting, reckless earning through credit lending or waiver of loan without any fear of action from higher bosses and get preferred promotions for their flatterer members if they so like.

Why huge arrear to the amount of two lacs or three or four lacs are being paid to executives as per 9th Bipartite Settlement and only a few thousand to middle management officers considered senior officers. Even peons and junior clerks are getting arrear to the extent of one lac rupees. Even junior officers are getting more. Obviously pay scale fixed for various scales is not based on principals of equality but based on whims and fancies of IBA team and union leaders. Pension optees are getting more and PF optees are getting noting in comparison. Why discriminatory treatment is being allowed by union leaders even in fixation of revised pay in 9th BS, not to speak of discrimination with PF optees desiring to offer for pension.

Are senior officers in middle management so bad they are not fit for promotion, increment, pension and even equal rise in wage revision? If so why are they not given offer of VRS as given in the year 2000?

Why CMDs of various banks then talk of crisis of talented officer in bank and why do they express apprehension for painful future when a good number of officers will retire?

If there is a will there is a way. When government is formed of corrupt persons and that of flatterers, when administration is manned by corrupt and flatterers when judiciary is weak, ineffective, costly and centre of corruption, any one in Government cannot dream of taking step to reduce corruption in the system or to punish corrupt people.

And people who try to move against the main stream gets tired very soon and finally succumb to death.

It is therefore better to say All is Well sir, No problem sir, everything will be o.k. sir, I am there don't worry, I will manage it, I will manage media people, I will manage CBI people and so on. These wordings are a few permanent wording of flatterers.

Media men are not getting any interest or attractive news in the reign of injustice pervading and prevailing in banking industry. A few executives by using their mobile phones using some flatterer Branch Managers ges success in extending credit to unscrupulous borrowers and sacrificing huge amount in compromise and waiver of loan scheme just to earn some illegal money.

Banks assets worth thousands and thousand of crores of rupees are locked and lost in bad borrowers every year whereas government of India, RBI and all regulating agencies remain silent spectators. People have seen how NPA rose 500% this year in Indian Bank but regulating agencies are not ready to accept that similar pain will occur to other banks too in near future. There is in fact none to bell the cat.
Banks management, government of India and RBI loudly say with a sense of pride that Indian Banks are not affected by global slowdown or recession or sub prime crisis but IBA says that banks are not in a position to pay pension to bank employees and hence begging for sharing of pension cost from bank employees.

IBA has filed affidavit in Madras High Court that banks are facing fund crisis and not in a position to pay pension to retirees and hence praying for stay granted by the same court on 24th June 2010 on illegal and unjustified recovery from PF optees agreed in 9th Bipartite settlement .

How much shameful and painful it is that staff of banks who served banks for 30 to 35 years in bank and contributed his entire energy for growth of bank has now to run from pillar to post or knock the door of courts to stop reign of injustice.

Are Banks earning profits by simple exploitation of staff??

Danendra jain
06.08.2010

I want to know Facts of Pension Fund of Banks

"Accepting the settlement in its present form would result in miscarriage of justice."
Justice in fact already miscarried on Historic Day for bankers i.e. 27th April 2010, now actually passing through washing operation in hope of getting justice.

Banks already deducted at source not only TDS on entire arrear (including the amount which is deposited in pension fund), it already recovered 2.8 times from PF optees but it willfully ignored offering pension letter in fear of Writ filed at Madras High Court.

It appears to IBA as if Madras High court had stayed pension offer and allowed recovery from PF optees. Please verify from contents of court order. Please re look into wording of order given by learned Judge whether stay was on pension or on recovery.

Pension is social security, Mr. Ashok Goel rightly admits it and he has true apprehension in his mind that Banks may not offer pension option if recovery is stopped by learned court. He along with Sri Pradip Kumar learned advocate of Supreme Court is truly and rightly worried of pain of PF optees retiring in coming days if they are not given second option of pension.

Sir I like to add one line here that heaven is not going to fall even if pension offer is not given, PF optees will survive with his head high and with dignity. God will give them adequate food at least better than our Union leaders who signed the said “Historic Agreement” because their own conscience will curse them.

Banks are giving pension out of fund created by PF contribution (Bank’s portion) refunded to them. Has any bank spent any amount from expenditure account in the past as central government use to do for their employees every year?

I raise some questions and hope anyone who knows about the same will reveal the clear picture.

What is total accumulated fund in pension account?

What amount is deposited every month by bank in pension fund on behalf of pension optees?

Or whether it may be confirmed that banks are actually crediting bank’s contributory share in pension fund for each pension opees each month (as in the case of PF opees )? I doubt banks are doing so.

What amount is actually paid by a bank every year to it’s retire employees? And what amount is refunded to retirees every month on an average?

Can anyone mathematically assess the clear picture of anyone bank to ascertain and forcefully confirm that in future banks will face crisis if fresh recovery is not made from PF optees?

Had our learned leaders not agreed for sharing in 7th and 8th Bipartite, bank employees could get higher salary and higher PF contribution. In fact , it appears to me that IBA reduced wage hike during 7th and 8th Bipartite Settlement but did not make actual credit in pension fund what they saved on account of lesser wage hike.

Can anyone confirm that banks are maintaining two separate funds, one for PF optees and another for pension optees? If not, how IBA or UFBU came to conclusion that banks will face crisis of fund if they agreed for second option of pension?

And if there are two separate funds in each bank, can anyone say what is the real balance accumulated in pension fund , what they are likely to get from PF fund if they offer pension offer and what monthly accretion will happen in pension fund keeping in view bank’s contribution of 10% and monthly interest?

Whether pension fund is prudently and wisely managed to earn profit or used as a tool to inflate bank’s operational profit or deposit?

Whether it is not true that banks are parking PF/Pension fund in fixed deposit and earning less interest compared to what they use to pay to employees?

Can anyone confirm that there are no avoidable expenditure from such funds?

Whether Banks are using profitably the amount which is accumulated out of employee’s share in PF of 10% and withheld with bank with PF Trustees? This fund is in hundreds of crores of rupees with each bank and banks need to invest the fund to earn maximum profit and give dividend to employees and not simply park them idly.

Above mentioned questions will help in knowing the probable burden to each bank if all PF optees switch over to pension. These facts are necessary because an employee suffers and lives in crisis for 30 to 40 years when he serves the bank only to make his residual life of hardly 10 years painless and pain free.

As an individual everyone who is afraid of not getting pension offer should ponder over following questions

1. How much amount he is going to sacrifice (Bank’s contribution in PF) on his date of retirement keeping in view fresh addition and interest accrual. (In other words when will he retire and by that time what will be the expected growth and what will be the final accumulated amount when he or she retires.)
2. How many years he or she will then survive, a rough estimate
3. Whether the amount he will get (if he does not get pension offer) will not be adequate to give him pension at Bank's rate of pension till he survives or his family survives to get pension offer. Please be practical
4. Finally say whether banks will gain or you will gain.
5. How much banks are expected to gain if we take into consideration the average age of bank employees, especially bank officers.

Now say whether mountain is going to fall if pension offer is denied to PF optees.
Yes mountain may fall on family if one dies during the serving period or you say in case of premature death. Out of three lac PF optees in bank for whom entire dispute has come on the floor in banking industry, there will be hardly a few thousand cases of premature death and in whose cases banks will have to pay pension for a longer period though with lesser amount of pension. For this one or two thousand of death cases banks is worried so much they are bent upon giving worries to entire banking community. I think Insurance companies in such cases may give better return if the same amount (which is deposited by banks in PF fund every month) is given to them.

Now everyone will perhaps agree to protest disputed recovery from PF optees and prefer justice instead of blindly purchasing pension offer in the name of social justice.

IBA and UFBU are jointly trying to impose injustice in the name of social justice.

Bank Employees Unity ......Zindabad , Zindabad

How many Banks have obeyed the stay order of Madras High Court and not recovered 2.8 times of November 2007 salary from PF optees?

How many banks have not yet started paying arrears as per 9th BPS.?

How many banks have issued pension offer till date and if not why have they recovered from PF optees? Already three months are likely to complete after the date of settlement. Why bank is so slow on the issue of pension offer and so fast on the matter of recovery and similarly why union leaders are so anxious on recovery of levy of Rs.3000/ from their members and not worried for delay in offer of pension? Union leaders are getting farewell gift of five lacs or ten lacs on their retirement from Union Fund. Is this the way to use hard earned contribution made to Unions and Associations by poorly paid bank employees?

Days are not far when union leaders will distribute accumulated union levy amounting to hundreds of crores of rupees among themselves and ask for separate fee if they fight for any aggrieved employee. Are union leaders not more dangerous than our management bosses? I say this because union leaders have threatened to expel officer from their association if they do not pay union levy of Rs.3000/ on account of so called successful historic agreement. Management never dared to issue dismissal threatening to officer employee if they fail to obey any instruction of boss.

Why are employees keeping mum on illegitimate recovery and bent upon getting arrear at the earliest even if it is discriminatory? Why are they afraid of even lodging their protest before accepting arrear payment?

Bank management has signed a historic victory agreement when they have vertically divided the employees in two segments and created an unbridgeable split in banking unity and created dilution in their intensity to fight against the reign of injustice perpetuated by management.

And Bank union leaders on the contrary has committed a historic blunder by signing a discriminatory and divisive agreement on 27.04.2010 for some or the other vested interest and clearly betrayed the cause of unity for which they used to struggle under the banner of communist parties.

At least pension optees are now in support of the agreement. It hardly matters to most of them how loudly PF optees cries and weeps though in the past they all always used to be on the same platform and UFBU was also formed for the same purpose. Banking unity was an example in the community of labour class or working class.

Banks are not in the grip of flatterers. Those who are yes-men are getting timely promotion and getting best posting and in this way a team of flatterers are generated by bank management who blindly support of all action of the management right or wrong. Even union leaders do not fight against such lollipop like promotions and transfers because they say that ultimately their members are getting promotions and cream posting or choice posting though the same may be at the cost of others genuine right. At least veteran union leaders are enjoying posting in Metros and capital towns, they need not perform bank’s job, they may do their side business, they may take share from dirty dealings in credit decision or contract offers corruption and they may get sweet request from corrupt officers for reduction of punishment and so on. Lastly they may get huge gifts from top branch managers, big bribe earners, big customers and last but not the least huge money from union fund on their retirement and on attending an inquiry from Union Fund. Similarly union leaders now plead that the said agreement is good in the light of social security though they know and understand from the core of their heart that recovery from PF optees is not justified from any angle of consideration.

This is called divide and rule policy. Intelligent, talented, experienced, valued and visionary leaders of bank management who occupy the important seats of core committee of IBM as also that of United Forum of Bank Unions are very well aware and they all realize from the core of their heart that injustice has occurred with PF optees, retirees and those who have resigned. They all know very well that courts cannot deliver justice in decades and decades and this is why they are least bothered of courts also. They have gained sufficient experience by giving undue promotions to even charge sheeted officers and by rejecting even good officers. In every circular enlisting name of officers getting promotion they used to mention “subject to court decisions on various writs going on in various courts”

In the same way IBA is bent upon making recovery from PF optees subject to court decisions. But at the same time God knows whether they will issue pension offer or not. Reason for not issuing pension offer, bank will say they are waiting decision from courts. It is not surprising at least for me that even so called union leaders are also keeping mum on this matter for which they feel proud and say that the agreement is historic.

Bank Unity Zindabad?

How do I add items to my public page?

How do I add items to my public page?

IBA is guilty of Contempt of Court

Government of India does not listen without Strike, Bharat Bund or violent agitation programmes disturbing public. Government does not understand the language of peaceful protest or peaceful movement, or letters to Prime Minister or Finance Minister or even President of India. Ministers are awakened from their deep slumber only by agitations, arsoning, loot, strike, violant agitation, burning of shops ad buses, stopping of train services etc.....There are hardly a few hundred internet viewers out of ten lac bank employees who are aware of what is happening in various courts. Even IBA is least bothered of interim stay granted by Madras High Court.

Bank employees who struggled for 30 months to get second option for pension and for their wage revision are subjected to huge loss by ill-motivated trade union leaders and visionless officials of IBA team who participated in 30 month long process of negotiation.

This agreement has almost cheated PF optees on the plea of second option of Pension and IBA is almost ready to go against the MOU signed months ago. They are obviously bent upon putting into action the discriminatory, unjustified and divisive clause of Bipartite Settlement against the interest of three lacs employees called PF optees . Their main motto is to divide the United Forum of Union of Bank employees and dilute the intensity of bank unions and militancy of bank employees.

Some of the Bank unions filed a writ in Madras High court and also in various other high courts. Madras High court granted stay on execution of recovery clause no. 32 of the said Bipartite Settlement which was signed at Industry level on 27th April 2010 by Indian Bank’s Association and United Forum of Bank Unions.

But Banks are bent upon making a recovery of 2.8 times of November 2007 salary from those employees who will get second offer of pension (not yet served by any bank) after 15 year long struggle. In defiance of stay granted by Madras High Court.

Banks have not released arrear and not submitted second option of pension to all employees as per spirit of the said agreement. On the contrary banks without any fear of court are going against the spirit of stay order of Madras High Court and making forceful recovery from three lacs employees.

Are they not committing contempt of court?

Media is silent and least bothered of fate of three lac employees.

Opposition parties, ruling party all are silent.

Why?

Do they want violent movement?

M V Nair

"Asli Chehra" - TRUE FACE OF BANK UNIONS
Immediately after the settlement, most of the unions patted their back for the so called "historic settlement". Slowly as they started facing volley of questions from the members, they came out with various theories to justify their action, which included the so called legal opinion and IBA's stiff attitude which forced them to agree to recovery from only PF optees to the tune of 2.8 times of the November 2007 pay. An impression was being created by them as if they were not in favour the same till 26th April, 2010, but somehow they were cornered so much that they had to agree to the terms set by IBA. If that would have been the case, then they would not now oppose the petition pending in Madras High Court. That shows the double standards.
But soon the bankers will be able to see the "Asli Chehra" (i.e. True Face) of these union leaders. These union leaders will now not be able to beat around the bush and befool the members by shedding crocodile tears. They have to take a stand in the Madras High Court, as to whether they are in favour of payment by all employees / officers @ 1.6 times or they favour 2.8 times only from PF optees. Some of these unions have already been exposed. Let us see what does the market reports say as at the end of June, 2010.
It is reported that during the course of hearing of the case at Madras High Court, while opposing the interim stay granted by Madras High Court, advocates of IBA, and AIBEA and NCBE, requested for vacation of the stay. AIBEA and NCBE were represented by one of the top most firm namely M/s Aiyar & Dolia and wanted vacation of the interim stay on recovery of 2.8 times only from PF optees to be vacated. So the stands of these two unions are very clear now. They will be using the members’ funds (including PF optees) for payment to the law firms and fighting case against them. However, the Hon’ble Judge advised them to file their counter affidavits and Ordered continuation of the Stay Order. Next hearing has been fixed for 6th July 2010.
Vide circular No. 98 dated 29th June, 2010. AIBOC has declared "We are in constant touch with the IBA and the Convenor of UFBU, to initiate appropriate steps to vacate the stay, at the earliest, to enable IBA to issue necessary instructions to member Banks on the Pension offer". Thus, AIBOC is also likely to oppose the move and appears to be in favour of payment by only PF optees".
(Remember, the stay is not against the Pension offer or issuing circular by IBA, it is only against immediate recovery of 2.8 times of pay of November, 2007 from PF optees. )
The stand of other unions will also be clear within a week, as court in its orders says ""Notice to respondents returnable by 06.07.2010. There shall be an interim order of stay". (all major unions are respondents in this case). The reports indicate that NOBW may support the petition filed by Canara Bank Workers Unions. Similarly, BEFI may not oppose the petition of Canara Bank Workers union. The protest by INBEF has already been incorporated in the affidavit filed in the Court.
If the above reports are true, then 29th June 2010 would be regarded as a sad day in the history of trade union movement of Banking Industry. Souls of great leaders like Parawana Ji would be feeling really sad and dejected.
Till now they have been propagating that they have been forced by the circumstances and situation to accept contributory pension scheme in banking industry. They are giving so many logics and have been pleading as to why they could not make IBA agree to the Pension Scheme in its original form of 1993. We are unable to find any logical reason from Unions wherein it joined hands with the union of the Management i.e. IBA to defeat the efforts of bank employees.
Duniya ke Mazdooron ek ho - Duniya ke mehanatkashon ek ho ka naara laagene waale aaj majdooron ke khilaf hi Court main jaa pahunche.
TESTING TIME IS NOT FAR WAY NOW. NOW THESE UNION LEADERS WILL NOT BE ABLE TO SAY THAT IBA DID NOT LET THEM SUFFICIENT TIME AND CORNERED THEM SO SUCH THAT THEY SIGNED THE SETTLEMENT ON 27TH APRIL, 2010. THEY HAVE SUFFICIENT TIME OF OVER A WEEK TO DECIDE WHETHER THEY WANT TO PROTECT THE INTERESTS OF PF OPTEES OR WANT TO DO WHAT IBA IS SAYING.
It has also been reported that some Banks have issued strict instructions for payment of arrears to all the employees / officers by 30th June, 2010 or so, after keeping 2.8 times of the pay of November, 2007 in suspense account. This clearly gives an indication that banks are in a hurry to pay arrears so that they can deduct 2.8 times from the arrears of PF optees before orders of Madras High Court are delivered to them through IBA. In court they will take the plea that notice of stay was not received by them and arrears have already been paid. As Canara Bank has also rushed to pay the arrears today after keeping the 2.8 recovery in suspense, Canara Bank Workers Union is likely to give a strong protest letter on 1st July, 2010 at their Head Office. Canara Bank Workers Union has informed that they are proceeding to Bangalore to personally handover the letter along with a copy of the court order and get the acknowledgement.
Now all the bankers have to take a final call as to whether these union leaders are with the workers or are working against them. We know it is a difficult task as they have to eat their own words. They have issued number of circulars justifying as to why and how they were cornered to agree this changed stand on the night of 26th and 27th April, 2010. However, this is the time when they can correct the mistakes as PF optees have shared the burden of pension even in the last two Bipartite settlements (7th and 8th). This information is now shared by almost everybody (which was not known earlier to 99% of the PF optees).
The unions opposing the petition will be spending lacs of rupees in the legal battle. All this money can be saved if they simple say that we do not oppose the petition and are in favour of the same.
LET PF OPTEES DECLARE THAT THEY WILL QUITE THEIR UNION (WHICHEVER IT MAY BE) IF THEIR UNION OPPOSES THE PETITION FILED BY CANARA BANK WORKERS UNION AT MADRAS HIGH COURT. LET COURT DECIDE THE CASE ON MERITS.
(Inputs also by kamlesh.chaturvedi@yahoo.com; canara bank workers unions etc )







UPDATE ON THE ORDERS ISSUED BY VARIOUS HIGH COURTS AGAINST RECOVERY OF 2.8 TIMES OF NOVEMBER 2007 PAY
In order to ventilate the grievances of the employees, Writ Petitions have been filed in various Hon’ble High Courts.
(A)The First Writ Petition was filed before the Hon’ble Andhra High Court bearing number Writ Petition No. 8237 of 2010 where in Hon’ble Court has passed following orders:
“ORDER: Interim order dated 13-04-2010, to continue, subject to final orders to be passed in this WPMP. Any settlement also, shall be subject to final orders in this WPMP.
Post after Summer Vacation, 2010.”
(B) Writ Petition No. (C) No.3729/2010 has been filed before Hon’ble Delhi High Court, where Hon’ble Court has passed following Orders on 28.05.2010:
“Issue notice to the respondents to show cause as to why rule nisi
be not issued, returnable on 30.07.2010. Necessary steps be taken within seven
days.”
(C) Subsequently, Division Bench of Hon’ble Allahabad High Court while disposing Special Appeal No. 947 of 2010 passed following orders Orders:
“Issue notice.
Respondents are allowed three weeks time to file counter
Affidavit.
List thereafter”

(D) And now recently a Writ Petition bearing no. WP 12269/2010 has been filed before Hon’ble High Court of Judicature at Madras, in the matter of Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date, seeking a direction from the Hon’ble Court to quash the above clauses only in so far as the said clauses require the provident fund optees now in service to contribute 2.8 times of the Nov 2007 revised pay, if they want to opt for the pension scheme.
Hon’ble Justice K Venkataraman, who heard the matter has ordered an interim stay and the next date of hearing, has been fixed on 06 July 2010. A copy of this order is enclosed.
From what is stated here in above, it is evidently clear that Clause 32 of Settlement dated 27.04.2010 and Clause (1) of Pension Settlement dated 27.04.2010 has become subject matter of judicial scrutiny by the Hon’ble Courts and Hon’ble Madras High Court has passed orders to stay the operation of these clauses.

Ray of justice for bank employees

It is a matter of great pleasure that Madras High court has granted interim stay on the clause authorizing banks to deduct 2.8 times of November revised salary from the arrear of PF optees who are likely to opt for second option of Pension, an opportunity granted under 9th Bipartite Settlement signed between IBA and leaders of unions of various banks. I congratulate officers of Canara Bank unit who initiated the legal battle against discriminatory settlement signed by union leaders in banks and I take this opportunity to condemn IBA team under the leadership of Mr. M V Nair who left no stone unturned to divide the officer’s fraternity by introducing various discriminatory and unconstitutional clauses in the said settlement.

It is open secret that bank management is made of flatterers and yes-men who are least bothered of ethics or constitutional values or even the quality of assets of banks. They are least bothered of genuine grievance of loyal and devoted workers who think, act and even dream for the benefit of banks they are associated with. It is banks where even posting and promotions are effected not based on merit but on the strength of an officer in yesmanism and his ability to flatter his bosses and capability in earning illegal money and sharing with the same with the bosses.

In such position officers annoyed with discriminatory elements of the said settlement have got a great relief after the stay granted by Madras High Court .I hope even now our Finance Minister and Prime Minister will understand the facts related to agreement mentioned above and perpetual reign of injustice prevailing in banking industry particularly PSU banks. I hope Government of India will act against dirty elements in Banking industry and especially in IBA and get rid of them before it is too late.

I would like to add here that if justice is not delayed in courts and good advocates become available at reasonable cost in all towns and cities I think thousands of cases will be filed against reign of injustice perpetuated by bank management.

I am ready to extend my whole hearted support to all those who have initiated legal battle against the bank and who have contributed directly or indirectly in the fight to get justice. I pray judges to quicken the process at their best so that bank management may not take advantage of judicial delay in carrying out their whimsical decisions based on vested self interest.

If finally high court scraps the clause of discriminatory recovery from PF optees the signatories of the said settlement should own responsibility and resign on moral ground. When a mistake is committed by a staff in a branch of a bank, the branch head of that branch is held responsible and punished suitably by higher management of the bank. Then why not top officials who signed the said 9th Bipartite Settlement which is found to be illegal, unconstitutional (violation of fundamental right of equality before law enshrined in the Constitution) should be punished suitably by Ministry and Government of India. The higher officials must have vision and future repercussion of illegal and discriminatory clause of the agreement they sign.

I congratulate organizers of website Allbankingsolution.com who have been extending their best cooperation in serving the cause of bank employees in general and PF optees in particular who have been given discriminatory treatment by signatories of the said 9th Bipartite settlement for bank employees in April 2010.

Bhopal Gas tragedy and political drama

It is not only Anderson only, but all VIP culprits are ignored and freed from clutches of all laws of land. Flatterers in all offices are invariably promoted and given respectable position. Posting and posting also works as promotion and on the contrary promotion sometimes acts as a demotivator. When all flatterers are holding top post anything can be managed on phone and ministers do not required to come in picture. One telephonic call is enough to make or mar one's career and hence every right or wrong instruction from boss is carried out by juniors easily even at the cost of lives of innocent people or safety, security, unity and integrity or even pride of the nation. This is why that even after lapse of 25 years, culprits of Sikh Riots of 1984 and Bhopal Gas Tragedy of 1984 are still roaming free. None of VIPs who were actually master mind in the greatest scam and scandal could be punished; it may be Bofors case, Chara scam, Ruchika-Rathore case stock scam UTI ghotala, stamp scam or any small case of fraud or misuse of HRD policies perpetuated at low level. It is ironical that good persons are made victim for ill works of bad person, it is the saddest part of Indian administration and Indian politics. When courts are incapable and dishonest, the scope of even justice from judiciary cannot be dreamt of.

It is not the systemic failure but it is the system prevalent in India. In India corrupt person get priority in all fields and honest and devoted workers are shunted out or placed at a critical and difficult place. Extradition of Anderson demanded by few politicians is not going to serve any purpose other than an attempt to befool Indian citizen once again. Political parties are blaming each other but none of them appears to be seriously sympathetic towards the pain of common men. We live in a country which is for rich people, by rich people and of rich people. It is rich man’s democracy

Rich and influential people delay the proceeding of court as much as possible to avoid decision and eliminate witnesses so that the case may become weak and ineffective. CBI more often than not weaken the presentation of the case when they get enough gifts in either cash or in kinds from the culprit or they get enough pressure from heavy weights ruling the country. In all big cases of political scam or administrative corruption or any scandal two and three decades are wasted in judicial proceedings in a very easy way and in a very casual and normal way. Indian courts usually deliver justice after two three decades. As such Bhopal gas judgment does not appear that much astonishing in India.

No doubt foreigners laugh at Indian style of functioning in all sphere and fate of big cases involving VIPs of the country. Such cases are either languishing in courts for last two or three decades or in such cases, actual culprits are acquitted or lightly punished.

Even Law minister shamelessly accepts that the justice is not only delayed but buried. Judgment on Bhopal Gas mishap has made it more crystal clear that any Indian cannot expect justice from Indian court until he has money and muscle power to build pressure on advocates and judges. And persons who are having money and muscle power have the capacity to mould the decision in their favour and unfortunately in such heinous task they get full fledged support from politicians, ministers and administrative bosses.

Entire talks of judicial reforms going on in political arena for last two- three decades are nothing but Bakwas and it is politicians who are fully responsible for making mockery of Indian democracy as well as judiciary. Even PM admits the cancer of corruption but fail to eradicate it. President of India prefers to be deaf and dump and think it wise to remain silent spectator of Chirharan of Draupdi (innocent citizen) apparently to respect spirit of the Constitution.

It will not be untrue to say about Indian judicial system, that culprits become very happy when a case is lodged against them in any court. Police may be managed with some difficulty and after heavy payments but courts and even CBI people can be managed comparatively easily and comfortably .Judgments can be manipulated in collusion with advocates or heavy weights comparatively easily and more comfortably. Not only this even ruling political party get rid of public protests and hotshots from angry members of opposition parties once they sanction CBI inquiry or lodge FIR in Thana and lodge case in Indian court against any big criminal act or terror act. After all who is bothered of whether such CBI cases or CBI inquiry eventually proves to be futile exercise.

Danendra Jain
17th June 2010

Buried Justice

Rich and influential people delay the proceeding of court as much as possible to avoid decision and eliminate witnesses so that the case may become weak and ineffective. CBI more often than not weaken the presentation of the case when they get enough gifts in either cash or in kinds from the culprit or they get enough pressure from heavy weights ruling the country. In all big cases of political scam or administrative corruption or any scandal two and three decades are wasted in judicial proceedings in a very easy way and in a very casual and normal way. Indian courts usually deliver justice after two three decades. As such Bhopal gas judgment does not appear that much astonishing in India.

No doubt foreigners laugh at Indian style of functioning inall sphere of life. We have seen the fate of Chara scam involving Lalu Ex CM of Bihar , Bofors case involving Rajiv Gandhi, Stamp scandal to the tune of Rs. 35000 crores involving not only Telgi but also many politicians and administrative people, , Sikh riot cases are going on since 1984 and many more similar big cases involving VIPs of the country . suc cases are either languishing in courts for last two and three decades or were actual culprits are acquitted or lightly punished.

Even Law minister shamelessly accepts that the justice is not only delayed but buried. Judgment on Bhopal Gas mishap has made it more crystal clear that any Indian cannot expect justice from Indian court until he has money and muscle power to build pressure on advocates and judges and it is they who have the capacity to mould the decision in their favour and in such heinous task they get full fledged support from politicians, ministers and administrative bosses. Entire talks of judicial reforms going on in political arena for last tho three decades are nothing but Bakwas and it is politicians who are fully responsible for making mockery of Indian democracy as well as judiciary.

It will not be untrue to say about Indian judicial system, that culprits become very happy when a case is lodged against them in any court. Police may be managed with some difficulty and after heavy payments but courts or even CBI people can be managed and judgments can be manipulated in collusion with advocates or heavy weights comparatively easily and more comfortably. Not only this even ruling political party get rid of public protests and hotshots from angry members of opposition parties once they sanction CBI inquiry or lodge FIR in Thana and lodge case in Indian court against any big criminal act or terror act.
Danendra Jain
9th June 2010

Reserve bank of India

Government framed policy for posting of bank employees in Villages as also for posting in North Eastern States to promote rural banking and to help development work in rural areas and North Eastern states. But management of banks have always misused this excellent policy to discard non-flatterers and to torture those employees who do not indulge in corrupt practices and who do not implements bad orders of the executives.
RBI or any investigating agency on honest inquiry will find that some officers have been working in villages for two or three decades whereas flatterers of the top officials of the management have been allowed to work in Metros for decades together. When an officer do not provide gifts to General Manager, he is posted in North Eastern States on the plea of Non Performance whereas those who commit fraud or indulge in irregular credits but always provide golden gifts to GMs, DGMs, AGMs in the name of some function either of inauguration or customer’s meeting are allowed to remain in big towns.
Some officers are simply creating bad advances and some others are constrained to recover the bad advances merely to save the corrupt officers from punishment. This is why loans or advances become Sub Standard in one or two years of its disbursement. It is also a bitter fact that such bad advances are concealed by gifting Auditors and inspectors and treated as good advances till the sanctioning officer wither is promoted or get safe exit from the bank. Honest workers are made scapegoat for the misdeeds of big executives.. It is undeniably truth that excellent results exhibited through annual balance sheets are due to devoted work of good performers and it is they who are salvaging banks from the misdeeds of bad officers. As such shining balance sheet of a bank should not give conclusion that the results shown are hard work of top officials sitting in AC rooms but that of field workers who are head of a branch and who is doing hard worker even under acute manpower shortage. In banks manpower is adequately provided only to flatterers even if he has caused banks crores of rupees. Until RBI or CBI catch hold of corrupt executives and punish the evil performers and at the same time award those officers who have been whimsically kept away from promotions and unless good officers are given respectable posting and promotions one cannot imagine of any rise in intrinsic value of any bank
On the contrary PSU banks are facing erosion in intrinsic value due to dirty implementation of apparently good HRD policies. In the name of Interview any employee can be deprived of and denied of promotion. Power makes executive corrupt if the decisions made by them are not transparent and subject to review. Root cause of persistence and promotion of such corrupt officers is due to the bitter fact that even courts fail to provide justice in decades together and this is why management bosses indulge in whimsical promotions, arbitrary transfers and postings.
I request bank officers to send their personal experience and story of corrupt officers to me at dkjain49709@rediffmail.com so that such illustration may be incorporated in PIL to be filed in the court. These information will be helpful in seeking information from bank under Right to Information Act to expose the true colour of officers who have been holding top posts in the bank and who have been getting continuous shelter from Banking division, RBI and Ministry of Finance. The aggrieved officer may also send the real story about them, how they have been cheated by their bosses, how they have been denied promotion and how they have been given always critical posting. After all how long you will bear with injustice in fear of repercussion from higher authorities. One has to come out of imaginary fear and expose the true picture of bad officers. How long meritorious and talented officer will face humiliation and posting against their dignity.
I will come with name of AGM,DGM ,GM,CM and BM and tell the officer community and Government of India how reign of injustice prevails in the banking industry. I need your cooperation in making a strong case against some of CMDs who are recognized as star performers but under the shelter of such CMDs ,their left and right hand officers who themselves are facing CBI charge sheets are exploiting power for self interest.

Reign of Injustice in Banks

IBA has apparently committed Fraud on Pension Optees as also PF optee in banks in the recently concluded wage settlement agreement with bank employees.
• When pension was offered in lieu of provident fund. IBA/ Banks can not recover any cost/ incremental cost from pension optees. It is totally illegal and can not stand for judicial scrutiny in the court of law.
• The pension scheme of 1995 was not contributory in nature; any recovery toward the cost is illegal.
• The unions have wrongly agreed to IBA proposal for sharing the cost in all the above 3 settlements.

• If Bank employee’s pension was contributory in nature; there was no need to implement NPS i.e. 01.04.2010 in the banks.

• Central Govt. employees/ Railway/ State Govt. Employees or Judges of high Court/ Supreme Court do not pay any thing toward the cost of pension. Our pension regulations are based on there pension regulations only.

• During 7, 8 & 9th BPS (Bipartite settlement between IBA and bank employees unions) the above referred incremental cost of the pension has been recovered from both PF & Pension Optees. The IBA has reduced your wages to the extent of incremental cost while revising the wage. Hence both PF & Pension optees have been cheated and received lower wages.
• Can IBA/ Bank’s recover the incremental cost from a PF optee who is not the beneficiary of the Pension Fund Trust?
• Can IBA/ Bank transfer the share of incremental cost of pension of PF optees to pension fund instead of transferring to his PF Fund?
• The incremental cost of the pension, recovered from the PF optees should have been paid to PF optees in their PF or paid additionally along with the salaries.
• Is it not a fraud within the meaning of India Penal Code? Read the definition of Fraud in IPC?

Please note that above fraud has been perpetuated by the IBA in connivance with UFBU & Statutory Central Auditors who signed the balance sheet of the bank, since 7th BPS i.e. 01.11.1997.

Why the recovery of Rs 1800 crores from PF Optees is illegal in nature
• The actuarial liability of Rs 6000 crores for existing employees and Rs 3115 crores for retired employees are estimates only and not the actual number.
• Bank can not make actual recoveries on the basis of estimated actuarial liabilities. It is illegal.
• The Bank should first arrive at the actual numbers and actual figures of the pension gaps and then recover the actual recoverable dues.
• Then the bank should offer the pension option on the basis of actual recoverable dues.
• Hence any recovery from wage arrears is illegal liable to be rejected in judicial scrutiny.

Why such whimsical and unjustified act by IBA is possible?

I simply ask the wise and cleaver IBA chairman Mr. M V Nair and veteran Union leaders whether any bank can discriminate two officers ( in same scale with same status and same work responsibilities and same age of service ) only on the ground that one opted for pension in 1995 and another in 2010. It is worthwhile to mention here that both officers will get same pension if they leave the job.
Officers who are going to opt for pension as per new settlement have to pay as much as there times of one month pay i.e. as much as one lac rupees to become eligible for same pension which none of officers contributed in the past .

Such discriminatory attitude of IBA chairman just to please negotiating union leaders who have a vested interest to give benefits to those who have left service during last 15 years can in no way stand as legally valid agreement. It means retired employees or those who left banks service due to some reason or the other will get more benefits than working employees.

Is it possible to give different fitment to two officers drawing same basic of Rs.23520/ only because one is scale III and another is scale IV.

Is it justified to stop increment of senior officers only because there is no vacancy in upper scale? Stagnation Increment is given to senior officers after three years. It is directly disrespect to seniors for no reason.

Can you imagine the gainer on account of 9th bipartite settlement?

It is clerks whose union leaders are militant and devoted for their members.
It is SBI employees who are already getting pension as third terminal benefits without any extra contribution
It is executives and union leaders (who already left banks service) because they are part f negotiating committee for bipartite settlement.

Can you say, who are the real losers?
Yes they are officer in Junior and Middle Management. Officers who will opt for pension now. Because they have to contribute almost a lac rupee out of arrear towards pension fund, benefits of which will be shared by all pension optees equally. They have been punished only because they did not opt for pension in 1995.

I am unable to understand how and why union leaders feel pride in claiming achievement of second option for pension.

All these and many other illegal things are likely to happen in the recently concluded wage agreement for bankers.
Because Bank Management knows very well that individuals cannot go to court and even if anyone dare goes he cannot get justice in decades together.

Inefficacy, ineffectiveness and inefficiency of Indian Judiciary have become a matter of concern for common men.

Powerful person are exploiting their power to the maximum extent it is possible. They are even selling promotions and postings through their GMs and DGMs.

If money is lost nothing is lost, if health is lost some thing is lost but if character is lost everything is lost.

If top management indulge in unhealthy practices only because there is no option for victim to get the justice, none can stop erosion in intrinsic value of the bank and we have no doubt that such cleverness will spoil the bank’s health. People of India do not believe in what is achieved through Balance sheets only because the same is certified by Chartered Accountants. Indians have seen the balance sheets of Satyam computers and many more such companies. Similarly, officers in general understand that the the Bipartite settlement concluded for bank employees on 27th April 2010 is fully discriminatory, improper, biased and illegal.

Since the judicial system in our country is weak, officers have to digest the injustice and bear with it till they are associated with bank.

An Open letter to expert Advocate

Will you please help me and servicemen in general on following points:-

When a bank or any government office is unable to promote an employee due to shortage of vacancies in upper cadre , bank should not stagnate the employee only because he has reached the last stage of his scale .This is a fundamental question concerning all employees who are not getting annual increment only because he could not get promotion in time due to management’s fault or due to corrupt interview panel who promote an employee not on the basis of performance but on the basis of gift or money he receives from the employee.

In this age of flattery there is no respect for policy or performance. An officer is promoted only when he or she has a God father in upper echelon or he has pleased his boss with huge gifts in cash or in kind or bought and motivated the top executive who is a member of Interview panel.

In my opinion there should not be any scope of Interview for existing employee for giving him promotion because quality of his services have already been tested and attested by management for a decade or two or even three.
Even 25 marks allotted for Interview in any departmental promotion processes are enough to make or mar the career of an officer in a bank or any government office. It is a bitter truth of our country that a corrupt officer get 25 out of 25 in interview process whereas a performer get hardly 10 out of 25 which results in diluting the effect of performance of an employee or good marks obtained by him in his appraisals.

This is happening in even government departments and this is why, whenever a new Chief Minister takes charge of a state several IAS officers and IPS officers are transferred from one place to another as per whims and fancies of the ministers in the new government. All decisions are taken on the basis of earning capacity of the officer who can share his illegal earnings with the minister or support the minister in carrying out his illegal tasks for the benefit of his kith and kin or his party men.
In conclusion there should not be any stagnation in any scale of any cadre of any officer of any department or office or bank and there should be no Interview for existing employees to be promoted. In my opinion whimsical posting, arbitrary promotions and abrupt but ill motivated transfers are the root causes of all corrupt practices prevailing in the Indian administrative, judiciary and political system. It is the power delegated to persons sitting at post empowered to take whimsical decisions which irrigates and promotion the culture of flattery and demotivates the person who actually work and believe in honest performance.

It is unfortunate that no remedy can be obtained even through courts even after lapse of a decade or two .This is the reason that management of a bank or any office indulge in selling promotions and postings and in turn increasing the level of corruption.

I therefore request you to file PIL or any suitable court case which can immediately stop unhealthy practices. You can start with stopping the ongoing promotion processes in a bank. I hope you will take the initiative and oblige serving employees of the country.

Danendra Kumar Jain
Ganaraj Choumuhani
Agartala 799001
Tripura
3rd May 2010

justice for bankers

It is the time that our honourable CMD MVNair conducts introspection and justifies the actions of various DGMs and GMs who transferred whimsically a lot of officers to other states on the excuse of non-performance. I especially mention the case of DGM Jharkhand and the then GM of Kolkata who practically transferred all Non Orriyas to other states, some officers to Bangladesh Border i.e. to Tripura state, some to Gangtok, some others to West Bengal or UP or MP or Maharashtra. The DGM and the then GM satisfied their ego by disturbing the family life of officers who did not flatter him and who did not belong to a particular caste lobby. It is worthwhile to mention here that officers of West Bengal, Tripura,Karnataka, Tamilnadu ,Maharashtra are seldom transferred to remote states as those of states like Jharkhand, Bihar, Orrissa and UP

Our beloved and renowned CMD should now see whether there is any improvement or further deterioration in the value of assets during last three years in those branches wherefrom some special type of officers were transferred by biased DGM on the excuse of non performance (surrounded by some different type officer’s lobby) two years ago?

I do not want to enlighten the complicate the matter, which may violate bank’s secrecy policy or which may further hurt the ego of person sitting in top echelon.. Management has every tools in its almirah to look into each credit account of big and old branches and ascertain whether so called non performers had improved the health of Bank’s asset or their successor or their predecessor have/ had done better for the bank which resulted in their promotion and rejection of so called non performers in the same promotion process and their posting at the most remotest and the most critical branch.

If CMD hesitates to touch his corruption ridden General Managers AGM, DGM till their retirement, other competent authorities may be ordered to peep into the matter and try to precipitate the reality and truth of banking administration and Human Resource Management.

CMD should justify his action of picking management executives from MBA college campuses at packages higher than those of employees of the same bank who have served for more than two or three decades.

I hope bank will justify the action of promoting young officers at the cost of senior, experienced and devoted officers. Young officers may humiliate senior officers and give some transitory vale to the ban but in the long run such unethical and unconstitutional practices may spoil the bank.

CMD should tell the people of India whether there was actual cash recovery in bad accounts or manipulation in the system to hide bad accounts which portrayed better picture of some officers who got preferred promotion and posting. Why and how an officer indulging in bad advances is promoted, even an officer who financed to person against whom action under SERFACIE was initiated is promoted and within one year, the account becomes bad again? Does it not prove the malicious intention of executive protecting and promoting such officers?

If any unbiased authority looks into each and every account of at least Pilaval branch since the inception of the branch , it will be enough to spoil the career of a lot of Chief Manager, AGMs, DGM, EDs, and CMD too. Branches of Jharkhand, Bihar, UP etc have the potential to open Pandora ’s Box for a lot of executives. But who will bell the cat is a million dollar question. Birds of the same feather have flocked together in the top domain of bank’s management.

Whether government deposit mobilized by an executive may turn bad assets into good asset and thus help bank in enhancing the intrinsic value of the bank? If hundred crores of deposit is distributed among ten flatter branch managers, it is sure that these ten persons will be treated as performer and others as non performer.

It has to be ascertained whether so called good officers have added bad assets in the name of achievement of credit delivery target. It has to be seen why finance made by star performers become bad in a year or two. Why executives responsible for irregularities are exonerated and juniors are punished, why wrong doers are promoted and person on the spot is made scapegoat.

And so on…………………..

Lastly I agree with the idea of CMD of punishing non-performers. But it has to be ascertained by the system whether the non- performance is due to lack of motivation by his boss or by virtue of his posting at a critical branch or it is lack of will of the officer to perform or lack of knowledge.

In case of lack of knowledge management may impart the best training to him to convert him performer. Otherwise it proves the failure of training system.

In case the boss is lacking motivating skill the boss may be given a lesson to improve. When a boss cannot motivate a few BMs, how can a BM may be expected to manage the branch where staff as well as customers have to be motivated.

In case the non-performance is due to adversities attached with the branch or due to environmental impediments in the path of performance, the officer shouldering the load of such branch should rather be awarded.

In case there are non willed officer, transfer to some other place may appear justified, but not without giving him an opportunity to improve. Management has right to force such officers to retire or should have a provision for VRS for such unwilled and unskilled non performers.

It is always to be kept in mind that a person is not always bad. It rather depends on the perception of his assessor who may be caste biased, region biased or there may be some hidden greed of money or gift or flattery in the mind of assessor which forces him to be biased against any officer even if he is devoted performer.

Best tool available in the almirah of Human Resource Development Department should be applied on case-to-case basis. Otherwise there is every possibility that an executive sitting at the top of affairs uses his whims even at the cost of intrinsic value of the bank.

Real success of the management lies in not only transferring an officer to remote place but in making efforts for value addition in an officer and thus in bank. It is always told for branch head to be tactful in handling junior staff in the branch. Real success of a Branch Manager lies in taking work from available staff. Similarly it is expected from Regional head to apply prudence and wisdom in dealing with Branch head shedding personal ego. Everyone in the bank knows how officers under work pressure and in want of enough manpower are constrained to bypass rule to achieve the target under various parameter, it may be credit delivery, opening of accounts, deposit mobilization, monitoring of advances or recovery under NPA accounts.

Despite all if management is really interested to give value to merit and merit only, same team of officers sitting at head office should judge the performance of all officers and there should be no room left for regional heads to apply their mind in whimsical manner and there should be no room for Interview in promotion processes. It is bitter truth that delegated power vested in different persons cannot be utilized by different person in similar manner ant in desired and expected manner. Under CBS system management can assess the performance of all officers sitting in office at Mumbai and in this path there will be minimum use of whims. Management can save lot of expenses incurred in conducting promotion processes and ensure reign of justice.

Penalty for Tax Evasion

It is reported in prominent newspaper today that tax dues from tax evaders has been increasing year after year and due to some reason or the other has mounted to Rs.198508 crores, say two lac crores rupees as on 30.09.2009. Out of this Rs.133232 crores pertain to corporate sector and Rs.65274 crores from individuals. Department of revenue, the Central Board of Direct Taxes has proposed punishment of rigorous imprisonment from three to seven years for such tax evaders, who conceal their income, who do not file income tax returns, who violates anti money laundering act, or who do not deduct TDS or do not deposit tax deducted at source in time..

This is indeed a very good proposal .I however feel that CTBT should start this holy task by launching searching and investigating process in respect of all officers and babus working in Income tax department and various Ministries of Central government. Charity and good work should begin from home. In the second round big fishes involving tax evasion of rupees ten lacs and more may be trapped, then politicians having houses, apartments, colleges, factories worth more than a crore rupee may be caught and so on.

When top level ministers, IT officers , IT commissioners, CBI personnels,vigilance officers and officers involved in scrutiny of files, searching, assessing and investigating processes are honest , there is no doubt that the same culture will percolate down the level and this message will spread like epidemic in entire country and people of India will never dare opt for tax evasion. It is a bitter truth and undeniable fact that all types of tax evasions are taught by none other than IT babus and officers either directly or middlemen called as IT consultants. There is clear nexus between tax assessing authorities and businessmen and all tax files involving big individuals and corporate. As soon as Income tax payer agrees to quantum of bribe or commission set by IT officers are given in an envelope, file gets clearance from tax officers. This corrupt practice causes loss many times more than existing tax dues revealed herein above to government.

It is unfortunate that honest tax payers in India are never awarded, respected and given preferred treatment, but more often than not harassed and unnecessarily tortured by corrupt IT babus and corrupt officers of Income tax departments because such honest tax payers do not easily agree to give bribe to the department .It is also true that in our country even IT officers do not get promotions and good posting as long as he or she do not fill the pocket of Ministers and top officials of Ministry of concerned department. Such practice is all offices of government, all banks and all departments where government is having control. Merit is seldom respected, but corrupt officers are more often than not awarded. When the Ganga flowing from top is poisoned and polluted one cannot dream of pure water at ground level. .

This is why I have to suggest to Government and CTBT to launch attack first on those officers who are originators, perpetuators and irrigators of corruption and immediately stop financial terrorism let loose by tax authorities .If we start giving respect to honest tax payers and punishing corrupt government officers honestly, sincerely, quickly and without any based attitude there will be great improvement in the prevailing culture and people of prefer paying tax than opting for tax evasion. There are enough laws in existing law books to penalize the guilty if there is will to do so. There is no need to frame tougher rule in this regard. India needs strong will of execution of rules truly and in good spirit

India should learn to award honest officers and stop giving preference to officers who flatter and who earn through unfair means and give share to seniors. Public opinion should be sought to assess honesty and integrity of an officers. Formal certificate of honesty and integrity as prevalent in the system is nothing but a formality. Truth and reality of Indian system is known to all Indians. As such proposed rigorous imprisonment should commence from corrupt IT officials and corrupt ministers sitting at the top post and who are root cause of all evils. Tax payers deserve praise, respect and honour because they are backbone of Indian economy.

Danendra Jain
Ganaraj Chumuhani Agartala 799001
05.04.2010

Dr. Abdul Kalam

Why is the media here so negative?

Why are we in India so embarrassed to recognize our own strengths, our achievements?

We are such a great nation. We have so many amazing success stories but we refuse to acknowledge them.
Why do we ignore them?

We are the first in milk production.
We are number one in Remote sensing satellites.
We are the second largest producer of wheat.
We are the second largest producer of rice.
Look at Dr. Sudarshan; he has transferred the tribal village into a self-sustaining, self-driving unit. There are millions of such achievements but our media is only obsessed in the bad news and failures and disasters.

I was in Tel Aviv once and I was reading the Israeli newspaper. It was the day after a lot of attacks and bombardments and deaths had taken place. The Hamas had struck. But the front page of the newspaper had the picture of a Jewish gentleman who in five years had transformed his desert into an orchid and a granary. It was this inspiring picture that everyone woke up to. The gory details of killings, bombardments, deaths, were inside in the newspaper, buried among other news.




In India we only read about death, sickness, terrorism, crime. Why are we so NEGATIVE? Another question: Why are we, as a nation so obsessed with foreign things? We want foreign T.Vs, we want foreign shirts. We want foreign technology.
Why this obsession with everything imported. Do we not realize that self-respect comes with self-reliance? I was in Hyderabad giving this lecture, when a 14 year old girl asked me for my autograph. I asked her what her goal in life is.
She replied: I want to live in a developed India. For her, you and I will have to build this developed India. You must proclaim. India is not an under-developed nation; it is a highly developed nation.

Do you have 10 minutes? Allow me to come back with a vengeance.
Got 10 minutes for your country? If yes, then read; otherwise, choice is yours.

YOU say that our government is inefficient.
YOU say that our laws are too old.
YOU say that the municipality does not pick up the garbage.
YOU say that the phones don't work, the railways are a joke. The airline is the worst in the world, mails never reach their destination.
YOU say that our country has been fed to the dogs and is the absolute pits.
YOU say, say and say. What do YOU do about it?
Take a person on his way to Singapore. Give him a name - 'YOURS'. Give him a face - 'YOURS'. YOU walk out of the airport and you are at your International best. In Singapore you don't throw cigarette butts on the roads or eat in the stores. YOU are as proud of their Underground links as they are.. You pay $5 (approx. Rs. 60) to drive through Orchard Road (equivalent of Mahim Causeway or Pedder Road) between 5 PM and 8 PM. YOU come back to the parking lot to punch your parking ticket if you have over stayed in a restaurant or a shopping mall irrespective of your status identity… In Singapore you don't say anything, DO YOU?
YOU wouldn't dare to eat in public during Ramadan, in Dubai. YOU would not dare to go out without your head covered in Jeddah.

YOU would not dare to buy an employee of the telephone exchange in London at 10 pounds (Rs.650) a month to, 'see to it that my STD and ISD calls are billed to someone else.’
YOU would not dare to speed beyond 55 mph (88 km/h) in Washington and then tell the traffic cop, 'Jaanta hai main kaun hoon (Do you know who I am?). I am so and so's son. Take your two bucks and get lost.'
YOU wouldn't chuck an empty coconut shell anywhere other than the garbage pail on the beaches in Australia and New Zealand.

Why don't YOU spit Paan on the streets of Tokyo ?
Why don't YOU use examination jockeys or buy fake certificates in Boston???
We are still talking of the same YOU. YOU who can respect and conform to a foreign system in other countries but cannot in your own. You who will throw papers and cigarettes on the road the moment you touch Indian ground. If you can be an involved and appreciative citizen in an alien country, why cannot you be the same here in India?

In America every dog owner has to clean up after his pet has done the job. Same in Japan.

Will the Indian citizen do that here?'
He's right. We go to the polls to choose a government and after that forfeit all responsibility.

We sit back wanting to be pampered and expect the government to do everything for us whilst our contribution is totally negative.
We expect the government to clean up but we are not going to stop chucking garbage all over the place nor are we going to stop to pick a up a stray piece of paper and throw it in the bin.
We expect the railways to provide clean bathrooms but we are not going to learn the proper use of bathrooms.

We want Indian Airlines and Air India to provide the best of food and toiletries but we are not going to stop pilfering at the least opportunity.

This applies even to the staffs who are known not to pass on the service to the public.
When it comes to burning social issues like those related to women, dowry, girl child! and others, we make loud drawing room protestations and continue to do the reverse at home. Our excuse?

'It's the whole system which has to change, how will it matter if I alone forego my sons' rights to a dowry.' So who's going to change the system?

What does a system consist of?
Very conveniently for us it consists of our neighbors, other households, other cities, other communities and the government. But definitely not me and YOU. When it comes to us actually making a positive contribution to the system we lock ourselves along with our families into a safe cocoon and look into the distance at countries far away and wait for a Mr.Clean to come along & work miracles for us with a majestic sweep of his hand or we leave the country and run away.

Like lazy cowards hounded by our fears we run to America to bask in their glory and praise their system. When New York becomes insecure we run to England. When England experiences unemployment, we take the next flight out to the Gulf. When the Gulf is war struck, we demand to be rescued and brought home by the Indian government. Everybody is out to abuse and rape the country. Nobody thinks of feeding the system. Our conscience is mortgaged to money.
Dear Indians, The article is highly thought inductive, calls for a great deal of introspection and pricks one's conscience too…. I am echoing J. F. Kennedy's words to his fellow Americans to relate to Indians…..
'ASK WHAT WE CAN DO FOR INDIA AND DO WHAT HAS TO BE DONE TO MAKE INDIA WHAT AMERICA AND OTHER WESTERN COUNTRIES ARE TODAY'

Let us do what India needs from us.
Thank you,
Dr.. Abdul Kalam

B D Mishra

Arbitrary promotion and whimsical transfer is the root cause of rampant corruption and culture of flattery to superiors. Culture of flattery to bosses and tendency to become Yesman of Ministers, MPs and MLAs is the root cause of all maladies prevailing in the society. Every employee in our country knows the bitter truth that only those who are yesmen of bosses can get elevation in their career or get cream and comfortable posting.

Most of MLS, MP and Ministers have accumulated properties worth many crores of rupees. Department of vigilance or CBI or Anti corruption cell or Economic offenders cell are silent spectators.

So many IAS and IPS officers have been found indulged in corrupt practices only because they have got the blessings of their mentor Ministers.

So many bank officers and executives have properties worth crores of rupees, which is far more than their total earning in their entire tenure. It is possible only because there is practically none to look into corrupt practices prevailing in the bank at higher level.

When Head of any department or office is corrupt, or when any minister in the government is corrupt it will be foolish to imagine of healthy culture down the line.
It is very difficult to survive with dignity when the boss is corrupt and when boss likes flattery.
Only when boss loves real performance, employees feel delighted in working sincerely.

When real performers are awarded, there will be positive motivation. On the contrary if corrupt is promoted and given good posting, it is but natural that people will be tempted to toe the line of boss even if it is wrong and unethical and against the interest of the organization

As long as we are unable to provide a reasoning based transfer and merit based promotion and as long as the wrong doers are not punished by either head of the department or by the courts we cannot imagine of stopping corrupt practices prevailing in the system and spreading like cancer in the society.

Old proverb survival for the fittest no more holds good. Now a days survival is possible only for the person who is well versed in flattery to bosses, who can earn money through ill methods and share the same with his bosses.

The bitter truth is that there is no foolproof method of providing perfectly merit-based promotion or seniority based promotion in any office. None of the promotion processes can ensure justice to all, justice to the organization and discomfort to none as long as the person responsible for carrying out the promotion process is dishonest and corrupt. When protectors become destructors, damage to society cannot be stopped,

One easy way to stop whimsical transfer and arbitrary promotion is to maintain transparency and abolish the requirement of passing through Interview for existing employees for getting promotion. Interview is such a test where Interviewers can easily spoil the candidates career.

During interview, key role is played by elements like bribe, gift, sources, godfathers, and flattery possessed by employee whose performance is assessed during interview. When Interviewer desires to promote an employee he raises easy questions or do not raise any question and give higher marks and on the contrary he may raises toughest and irrelevant questions before the candidate to reject him in the promotion process.

The interviewer as per his whims and fancies gives marks for interview and unfortunately there is no method to penalize such malicious interviewers or the interview team made of birds of the same feather. There is hardly any place for merit in the mind of Interview panel and this why whimsical promotions take place and a reign of injustice and that of corruption spreads like epidemic and is followed by inefficiency, frustration, depression and what not.

Last but not the least; our courts cannot deliver justice in decades. This eliminates the fear from the minds of interviewer and the aggrieved employee is constrained to bear with the rejection in promotion process. Justice delayed is justice denied. And when there is no hope of justice even from court, aggrieved person in promotion process is left with no alternative other than digesting the poison of injustice.

It is an open secret in our society that victim is afraid of lodging complain in police department against any type of criminal. Not to speak of promotions, management can torture an employee by using his power of transfer and posting an employee in the name of exigencies as per his sweet will.

I therefore request you to take immediate steps to ensure merit based transparent promotion and reasoning based transfers and posting in all offices. Only one remedy to cure disease of corruption is to award honest performers and sideline corrupt performers. Only the bearer knows where the shoe pinches is a right proverb in this regard.

IN BANKING INDUSTRY THERE ARE HUNDREDS OF OFFICERS WHO ARE FACING TRANSFER EVEN TWICE OR THRICE A YEAR WHEREAS OFFICERS SITTING IN METROS ARE SITTING IN ONE TOWN SINCE JOINING SAY FOR TWO OR THREE DECADES.
EVEN POLICY OF RURAL POSTING IS MISUSED BY THE MANAGEMENT TO ISOLATE NON FLATTERERS .
EVEN POLICY OF POSTING OUTSIDE STATE AFTER PROMOTION IS MISUSED TO FAVOUR THE PEOPLE OF WEST BENGAL OR THAT OF MAHARASHTRA.
POLICY OF NORTH EAST POSTING IS USED TO ISOLATE NON FLATTERERS. POLICY OF TRANSFER FOR NON PERFORMERS IS ALSO USED BY THE EXECUTIVE TO KEEP NON FLATTERES AWAY.
NOWHERE AND NONE OF POLICIES ARE USED TO PROMOTE THE CULTURE OF PERFORMANCE.
AS SUCH IT IS COMPARATIVELY BENEFICIAL TO ELIMINATE THE ELEMENTS OF DISCRETION OR DISCRIMINATION IN THE INTERNAL PROMOTION PROCESS AND TRANSFER POLICY.THE MORE TRANSPARENT WILL BE THE POLICIES , THE LESS WILL BE QUANTUM OF FLATTERY IN THE MIND OF WORKING OFFICERS.
EXECUTIVES WHO ARE INDULGED IN CORRUPT PRACTICES WHILE RELEASING ORDER OF TRANSFER OF PUTTING THEIR SIGNATURE ON PROMOTION ORDERS MUST BE SUITABLY PUNISHED SO THAT RECURRENCE OF SUCH MALPRACTICE DO NOT TAKE PLACE.
JUSTICE DELAYED IS JUSTICE DENIED. YOU CANNOT IGNORE THE RESENTMENT, FRUSTRATION AND DEPRESSION PREVAILING IN THE FIELD LEVEL FOR LONG WITHOUT INVITING STRIKE AND LARGE SCALE REVOLT AND RAMPAGE

Danendra Jain
Agartala

Why are Union Leaders in Banks silent spectator

• Why officers and employees are not transferred out from the Mumbai, Kolkata, Delhi, Bangalore, Chennai etc. and on the contrary employees of states like Orrisa, Bihar, and Jharkhand are frequently transferred out of their states even violating transfer policies?

• Why some officers are always given rural posting whereas some other officers are even promoted without rural posting violating government guidelines in this regard?

• Why some officers are allowed to work in their Metro towns for decades whereas officers of other small towns and villages are to change their place of working every year or alternate year without any incentive or compensation?

• Is there no punishment for those executives who indulge in corrupt practices and resort to whimsical transfers to keep away all employees who may prove hurdle in their money making process?

• Why RBI remains silent spectator of ill-motivated CEOs of banks and allows the malady in banks to accumulate?

• It is worthwhile to mention here that unhappy lot of employees cannot think for and make efforts to keep bank healthy?

• Is human resource not capital in real sense in Banking Industry and for some VIP CEOs of Bank?

Danendra Jain