INDIV. PRAYER TO CMD FOR RESTORATION OF PRBS 1990-1991
by Narayan Singh Rathore
SUB ; CONSPIRACY TO EVADE PENSION ON REVISED SALARY - IN CONNECTION OF :
With due regards and humility I seek your kind permission to take liberty of making following submissions and pray for your personal indulgence for mitigation of undeserved grievous injustice in matter of benevolent welfare Scheme – the ONGC PRBS :-
2. Sir, I had the proud privilege to have served our Esteemed Organization, ONGC, a Navaratna-turned–Maharatna co. for a period of........years (from the year---- to -----) in various capacities, away from my family in arduous and hazardous condition, during my hey days.
3. I superannuated on - .......... after rendering an active service in ONGC for --.—years, at the rank of____________, As per professed Preamble to the ONGC PRBS-1990, I was to be bestowed with 00.00 % of my Last Salary (Revised) drawn as Pension benefit (Rs.00000.00/month). If I go by the Scheme/rules-1991, as approved by the Central Govt. under letter dated 18.09.1991, my Pension worked to 00.00% of Last Salary drawn (Rs.00000.00/month). Notwithstanding the foregoing, I was provided a pension@ Rs..............per month which totally insufficient to afford reasonable standard of living after retirement. My total terminal emoluments were too meager to sustain the retired life.
4. Sir, during my service period, ONGC demanded most of my time and I had no way to understand the complex calculations formulae to work out my entitlement of pension. I fully relied on the veracity of executives (HR& Finance) by whom my pension entitlement was to be worked out in a judicious & fair manner. It was most unfortunate that I have been cheated in matters of Pension. This was utter betrayal of my faith & confidence in the ONGC Management.
5. Most shocking aspect was to know that my esteemed organization, a Navaratna-turned-Maharatna Co, invented derogatory, unfair, unreasonable and prejudicial Methods/Procedures to deprive me of my legitimate pension entitlement under ONGC PRBS. To my mind, the Trustees, in the name of ONGC management, conspired to evolve a Memo. Of Misunderstandings dated 03.02.1998 which reduced the pension by 40-60% and then to secretly convert the "Pension Defined Scheme" into " Defined Corpus" during January 1996 and March 2007 without any notice to the members. Rather, this misdeed was kept secret by ONGC. This fact was inadvertently revealed by the E.O. - PRBS only in June 2008 in one of the communications in reply to a representation submitted to CMD , ONGC. Para 32 of the approved Rules-1991 provides that any Resolution of Trustees for alteration, modification, amendment, addition, variation and revocation of the Provisions of the Rules-1991 was ultra-virus if it was contrary to main objects of the Trust or prejudicial to the rights and interests of a member or his beneficiary. Govt. had categorically directed vide letter dated 18.9.91 that "in future ONGC will not implement any scheme on its own which require prior approval of Government". Since ONGC PRBS & Rules-1991 were approved by the Govt., they acquired status of Statutes and could be varied / altered / amended or revoked only with prior approval of the Govt. It is understood that secret conversion of the Scheme into “Defined Corpus” was never referred to even the Board of ONGC.
6. Your good-self may kindly appreciate that the said actions, on the part of ONGC, are in violation of all rules, regulations, precedence, statutory orders, the Constitution, courts' verdicts , professional ethics and a company culture. Some Hon’ble High Courts have commented that CMD of ONGC was empowered to issue directives to the Trustees to strictly comply with the provisions of the Scheme/Rules.
7. Your kind-self, a person at the level and stature of CMD of our Maharatna Co. could easily visualise and observe, that in this era of high inflation year after year and unprecedented price escalations, how difficult it is for a person to survive with this unduly reduced pension amount at the fag end of ones life, (when meager sources are only at his disposal). Sir, you will agree that a retired ONGCian is incapable of resorting to the legal process for relief & remedy and face the battery of senior advocates including addl. Solicitor general (s) deployed by ONGC at exorbitant costs.
8. Sir, I recall the kind words of our Ex-Chairman, Col. S. P. Wahi, that ONGCians should look like Sheikhs and live with matching high standard of which our organization is worth.
9. Sir, I may assure you that all litigations would get settled if you could prevail in affording Pension benefits in accordance with Scheme/Rules-1991. In the above circumstances I appeal to your good offices to extend the good gesture of granting Pension in compliance of pledged benefits- in 1990-1991. This would preserve the sanctity of Provisos of the Scheme/ rules and enable the Oilmen to live a decent retired life.
With the warmest regards & best wishes.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>this is just a draft.....every body may send it to CMD after necessary editing as applicable to him.