The YOGA Vedic philosophy has all along been known for its complexities since ages, or say since hundreds of centuries, and is known so well for its qualitative values and result orientations with a richer orientation on fitness factor. As against different tough masculine discipline of direct physical exercises involving a more rigorous discipline of regimen, Yoga exercises are considered as simpler and easy to adopt maturing to an expertise but it is observed that many take it as a short cut to achieving a perfection which is nothing beyond what is utterly utopian. The traditional physical exercises lay more emphasis on reoriginating physical body fitness whereas Yoga aims at building up a sound spiritual fitness aimed at in a way towards divine pursuits which is far greater a goal. Yoga stresses more emphasis on energising the veins and not just the bones as against wrestlers mode of practice.
This one is a latest release by KR Saini on the plight of pension issues confronted with some hurdle or the other and the gap is turned to several decades on an outcome. It is shared with readers so that they could be in the know of the developments.
W.P(C)1875/2013 S.B.I PENSIONERS FEDERATION &OTHERS V/S UNION OF INDIA &OTHERS.AT DELHI HIGH COURT
10:24 PM (11 hours ago)
A MATTER OF JUSTICE
S.BI PENSIONERS RESENT UNFAIR DEAL
THERE IS SOMETHING WRONG WITH THE EXISTING POLICY ON BANK PENSION.THE FEDERATION OF S.B.I PENSIONERS’ HAS BEEN RUNNING FROM PILLAR TO POST FOR 30 YEARS FOR JUSTICE.
STATE BANK OF INDIA WHICH CAME INTO BEING ON THE IST JULY 1955 BY TAKING OVER AS SUCCESSORRS TO ONE OF THE MOST COMMERCIAL BANK THE IMPERIAL BANK OF INDIA. THE IMPERIAL BANK OF INDIA PENSION AND GUARANTEE FUND WAS ESTABLISHED.ALSO STATE BANK OF INDIA EMPLOYEES’ PENSION FUND RUlES WERE INTRODUCED W.E.F 1.07.1955.THE RULES REMAINED ALMOST STATIC UPTO 1986 MAY BE SUMMED UP AS FOLLOWS—
MAXIMUM PENSION RS750/ RELAXABLE UPTO RS1000/ FOR SENIOR OFFICERS AT THE DISCRRETION OF THE TRUSTEES OF THE PENSION FUND.
HOW OUR PENSION IS PROTECTED LEGALLY AT THE RATE OF 50% OF THE LAST 12 MONTHS AVERAGE PAY OF PENSIONABLE SERVICE.
THE ABOVE NOTED COURT CASE AT DELHI HIGH COURT HAS BEEN CATEGORISED BY DELHI HIGH COURT AS UNDER———-
SUBJECT 1–OTHER SERVICE MATTERS(OTHER THAN ARMED FORCES).
SUBJECT 2———CONSTITUTIONAL VALDITY.
NOW I WILL WRITE ON THE ABOVE TWO SUBJECTS.
1 STATE BANK OF INDIA ACT 1955.
2THE HON’BLE SUPREME COURT BY JUDGEMENT DATED 23.02.1989.
STATE BANK OF INDIA ACT 1955 —– CHAPTER III
SECTION 7 ”TRANSFER OF SERVICE OF EXISTING OFFICERS AND EMPLOYEES OF IMPERIAL BANK OF INDIA TO STATE BANK OF INDIA.ANY PERSON WHO ON APPOINTED DAY I.E 1.07.1955,IS ENTITLED OR IN RECEIPT OF A PENSION OR OTHER SUPERANNUATION OR COMPASSIONATE ALLOWANCE OR BENEFIT FROM IMPERIAL OF INDIA OR ANY PROVIDENT,PENSION OR OTHER FUND OR ANY AUTHORITY ADMINISTERING SUCH FUND THE SAME PENSION,ALLOWANCE OR BENEFIT WAS GRANTED AND IF ANY QUESTION ARISES WHETHER HE HAS OBSERVED SUCH CONDITIONS,THE QUESTION SHALL BE DETERMINED GOVERNMENT AND THE DECISION OF THE CENTRAL GOVERNMENT THEREON SHALL BE FINAL”
RULE FIXING PENSION AT THE TIME OF FORMATION OF STATE BBANK OF INDIA W.E.F 1.07.1955.
IN IMPERIAL BANK OF INDIA PENSION WAS CALCULATED EVERY YEAR’S SERVICE M0ONTHLY SUBSTANTIVE SALARY DURING THE LAST 5YEARS AND IN STATE BANK RULES PENSION WAS CALCULATED ON THE BASIS OF 3 YEARS AVERAGE PAY.AS THE FIXATION OF MAXIMUM PENSION IS CONCERNED,THE CEILING WAS RS 750/RELAXABLE UPTO RS1000/
IN VIEW OF THE FOREGOING OUR PENSION IS WELL PROTECTED AT THE RATE OF 50% OF SALARY AT THE TIME OF RETIREMENT UNDER STATE BANK OF INDIA ACT 1955.THIS FORMULA OF CALCULATION OF PENSION IS ALSO STILL EXIST IN STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS 2014 AS REGULATION NO 23.IN THIS CONNECTION ALSO REFER TO DELHI HIGH COURT ORDER 9.02.2016 IN W.P(C)1875/2013 THIS FORMULA WAS MENTIONED AND ON 10.02.2016 A COMMITTEE WAS CONSTITUTED BY M.O.F.
SERVICE CODITION WAS CHANGED DUE TO SUPREME COURT JUDGEMENT DATED 23.02.1989.
SUPREME COURT OBSERVED”PENSION IS A RIGHT AND NOT A BOUNTY.ITWOULD THEREFORE NOT BE PROPER TO LEAVE THE QUANTUM OF PENSION IN EACH CASE.TO DO SO WOULD BE LEAVE THE EMPLOYEES AT THE MERCY OF TRUSTEES WHO WOULD NATURALLY EXCERCISE THE DISCRETION IN ANY MANNER THE LIKE IN THE ABSENCE 0F
SUPREME COURT LAID DOWN AS PER 4TH PAY COMMISSION WITH SINGLE CEILING OF RS2400/ W.E.F 1.1.1986AS PENSION IN STATE BANK OF INDIA AGAINST THE BACKGROUND OF MAXIMUM MONTHLY SALARY OF RS4800/ OF DEPUTY MANAGING DIRECTOR IN STATE BANK OF INDIA AT THAT TIME.THE PROVISION IS MORE OR LESS IDENTICAL VIZ 50% OF AVERAGE SUBSTANTIVE SALARY NOT EXCEEDING RS4500/ PER MONTH FOR CENTRAL GOVERNMENT EMPLOYEES(VIDE CHAPTER V,PART II OF 4TH PAYCOMMISSION REPORTW.E.F .1.1986)AND UNIFORM PENSION RULE AT50% ON THE AVERAGE OF LAST 12 MONTHS’ PAY FOR I.B.I AND SBI EMPLOYEES NOT 5YEARS FOR I.B.I AND 3YEARS FOR S.B.I EMPLOYEES.DURING THE HEARING OF SUPREME COURT S.B.I PROPOSE MAXIMUM PENSION FOR AWARD STAFF RS1300/ AND RS2400 FOR OFFICERS IN 1988 BUT SUPREME COURT GAVE VERDICT 50% MAXIMUM RS2400/ FOR ALL THE EMPLOYEES I.E OFFICERS AND AWARD STAFF.YOU WILL BE SURPRISED TO NOTE THAT W.E.F 1.1.1996 THE CENTRALPAY COMMISSION V REMOVED THE CEILING OF PENSION FOR CENTRAL GOVERNMENT EMPLOYEES’ AND PENSION @ 50 % OF THE LAST 10MONTHS AVERAGE PAY.
1 ARTICLE 14 OF THE CONSTITUTION OFINDIA. ” EQUALITY BEFORELAW—THE STATE NOT DENIED TO ANY PERSON EQUALITY BEFOREVLAW OR EQUAL PROTECTION OFLAWS WITH IN THE TERRITORY OFINDIA.
EQUALITY BEFORE LAW IS A NEGATIVE CONCEPT,EQUAL PROTECTION OF LAW IS POSITIVE ONE.THEFORMER DECLARES THATBEVERY ONE VIS EQUAL BEFORE LAW ,THATBNO ONE CAN CLAIM SPECIAL PRIVILEGES AND ALL CLASSES IARE EQUALL SUBJECT TO ORDINARYN LAW OF LAND,THEBLATTER POSTULATES AND EQUAL PROTECTION OF ALL ALIKE INTHE SAME SITUATION ANDUNDER LIKE CIRCUMSTANCES.NO DISCREMINATION CAN BE MADE EITHER IN PRIVILEGES CONFERRED OR LIABILITIES IMPOSED.”
HOWEVER THERE IS DISCRIMINATION IN THE SAME CLASS BY CREATING TWO CATEGORIES OF PENSIONERS BYBSTATE BANK OFVINDIA AND BANK SHOULD FOLLOW THE ESTABLISH NORM OF PENSION BEING 50% SALARYBLEVEL OF RETIRED EMPLOYEES AT THE TIME OF RETIREMENT.
2 TO COUNTER THE COMMITTEE’S REPORT CONSTITUTED BY M.O.F,ARTICLE 366(17) OF THE CONSTITUTION OF INDIA CAN BE QUOTED WHICH SAYS”ARTICLE 366(17) OF THE CONSTITUTION DEFINES AS”PENSION MEANS A PESION,WHETHER CONTRIBUTORY OR NOT,IF ANY KIND WHATSOEVER PAYABLE TO OR IN RESPECT OF ANY PERSON,AND INCLUDES RETIRED PAY SO PAYABLE,A GRATUITY SO PAYABLE AND ANY SUM OR SUMS SO PAYABLE BYWAY OF RETURN,WITH OR WITHOUT INTEREST THEREON OR ANY OTHER
ADDITION THERETO,OF SUBCRIPTION TO A PROVIDENT FUND.”
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‘There is no time to stay and stare”, said Lord Kipling and that’s because of every day growing population of India which the country is just facing and may be it grows worse in days to com. In our puraans (epics) there is already a warning signal that some day India may collapse because of awefully overpopulous a country with the Earth unable to bear the burden. Some brand it as something catastrophic and there are some who smell a Doom’s Day in it. Possibly it is the time for India to fall in line with China who brought certain legislations to curb this menace of overpopulation.
Lord Buddha, say Lord Buddha, the Enlightened, hardly ever talked of the God, the reason being, some historians say, that he himself was a God which factor several others deny but there could hardly be any doubt that He was a Divine Soul. For long 30 years he lived a royal life before he renounced all royal luxuries opting to lead the life of a recluse resorting only to beggings as his alms. His followers were known as bhikshu (beggers) to partially satiate their hunger as Bauddha Dharm didn’t permit them to take full meals. Qeen Yashodhara asked Rahul, her son the heir apparent to the royal legacy, to go and ask Lord Buddha to nominate him as his successor to run the royal state but what transpired was that he showed him his robes as a beggar meaning thereby that then onwards Rahul too had to resort to a beggarhood falling in line with his father adopting Bhikshu Dharm. Yashodhara swooned on getting the news.
Heart throb of millions of people Meena Kumari, the great film artist of Indian cinema, was a great poetess too. She wrote innumerable poems and was applauded every where. But for her masterpiece performance in films, she could have been much greater a poet in line with other stalwarts of the day like Kamal Amrohi. Her contributions in the field were enormously profuse but confined to a narro convass in the absence of the requisite publicity. She is proudly remembered for her composition running like this:
Jalti bujhti si roshni ki tarah
Simta simta sa ek makan tanha,
Yaad karta rahega sadiyon tak
Chhor jaayenge ye makan tanha.
What a kind of a love Mirabai had with Lord Krishna?
She had an imagination, an imagination that was translated by her into a reality, she used to embrace Lord Krishna’s Deity dancing around it lost in deep sort of love for Him for hours together. What sort of love it was that kept her lost into His thoughts that led her relinquishing the thirst and the hunger for days together all the time chanting mere to Girdhar Gopal doosro na koi. King Akbar sought her audience along with Taansen both in a disguise but the meet was a flop as she didn’t pay them any attention lost as she was in a brood over the Lord all the time. Tulsidas tried to mobilise her to get back to her royal comforts without volunteerily relinquishing them to lead a life of a recluse. It went all in vain. At one stage she tried to commit suicide by drowning frustrated as she found herself in her pursuits to love the Lord Krishna. She was rescued somehow. Some historians branded her as insane and abnormal unable as they were to measure her love for the Lord. May be they were the aerial viewers not capable of venturing to measure the depth of the Love for the unseen. Anne Besant was correct when she said that Mirabai’s was unconditionally a divinely committed case of love.
As an honest critic of my own self I think I am the one who doesn’t write any thing that is entertaining to the readers, it is rather crudely morose at times but thanks to my beloved viewers who afford the requisite patience to go through my write-ups extending their buck-ups to energise my faculties. I do adore them and always hanker to talk to them heart to heart whenever the chance so permits. My greetings to them, my regards to them and my hearty goodwishes to them.
Truth is this, rather an eternal truth, that none bothers about the other ones and the question is why should they? And the question is why something for nothing? And yet the question resounds in the air why any tussle on that count or why any hue and cry for the purpose? Monkeys have an inherant propensity to kill their inmates if some one of them is fatally sick. Nothing wrong; it is aimed at rescueing the victim against tortuousmost an agony of pain. Humans too virtually fall in line with monkeys as a matter of cause. Socrates, a great thinker and philosopher, was poisoned by his own disciples including Aristotle, the most confidant follower of his. Lord Buddha had more or less the same fate and when his chief disciples Sariputra and Maudgalyayan rushed to him in his last moments he advised both of them too to follow the suit. Swami Shraddhanand was given samaadhi by his followers against his will and the story is unending. What pervades triumphantly in a masculine measure is the Immanent Will and one has but to succumb to it.