Dates in Delhi High Court on Pension issue–corrigendum:


A short post:

As per the following intimation received from K R Saini, the changed date in Delhi High Court is like this:

AS PER WEB SITE OF DELHI HIGH COURT,THE CORRECT NEXT DATE OF HEARING OF OUR COURT CASE NO W.P(C)1875/2013 IS ”COURT NO 6,THE NEXT DATE OF HEARING14.09.2016”THE INCONVIENCE CAUSED TO YOU IS REGRETABLE FOR ADVISING YOU AS 12.09.2016 IN MY PREVIOUS MESSAGE.
K.R.SAINI “

 

Compassion based employment and pension issues:


It is a gigantic task to handle an ocean of huge emails and telephone calls in hundreds every day at my officeunity to be responded. The very view of the aggrieved ones flashing before my eyes causes me pain and groans with excruciating  uneasiness. Mostly they are on pension issues and compassionate appointments in banks particularly State Bank of India. Since these issues are pending at the level of Government and State Bank of India for quite a long time the aggrieved persons are now feeling terribly restive and at times they nurture a thought that the leaders involved in sorting out the problems are not throwing their full  weight. They are wrong but are not prepared to take the reality to themselves. Government of India is not a paan shop nor State Bank is a small fry and theirs is a giant stature capable enough to support their negatives.Courts of the land have a deep prejudice against the bank men falling in line with the Government bluntly forgetting that bank employees too equally belong to the land and it is they who generate a Government and bear their burden. Courts no more consist of ‘Daniels’. Politics is gradually  creeping there to make the inroads of their convenience. It’s time for the retirees, pensioners, aggrieved employees, who lost their bread earner during service, to harness themselves to the martyrdom. They are wrong if they nourish a misunderstanding that some one out of the crowd would suddenly appear as a flash like Prof. Balthasar (Portia) in Merchant of Venice. Leaders, members, activists and all concerned will have to rise to the occasion with a formidable strength to shake even Himalayas. ‘Arise, awake and stop not till the goal is reached’ said Vibekanand.

Pension issues in SBI–Delhi High Court order dt 12/8/16 Rf: Case No.W.P(C) 1875/2013:


Source –Keshav Saini

10881486_1016309615062877_1718043244602304723_n_thumb

DEAR SIRS, AS PER WEB SITE OF DELHI HIGH COURT,THE ORDER DATED 12.08.2016 OF DELHI HIGH COURT IS AS UNDER——–

1  AN ADJOURNMENT SLIP HAS BEEN CIRCULATED WITH THE CONSENT OF BOTH PARTIES.

2   THE RESPONDENTS SHALL ENSURE COMPLIANCE WITH OUR ORDERS pensionerDATED 9TH FEBRUARY,2016 AND 26TH APRIL,2016.

3 WE BOTH ARE IN DIFFERENT BENCHES AND IT IS NOT POSSIBLE TO RETAIN THE MATTER AS PART-HEARD MATTER.THE MATTER IS RELEASED AS PART-HEARD MATTER.

4   LIST FOR DIRECTIONS BEFORE THE APPROPRIATE BENCH ON 22ND AUGUST,2016.

AUGUST12,2016


The above is the news, as already published in the NEWSPAGE of this blog, the source being K R Saini. This enables the pensioners/ readers to read necessary perspective in relations to pensioners case being heard of Delhi High Court.

PS:The latest news as received from KR Saini about the Bench and the team is like this:

…… NOW OUR CASE NO W.P(C)1875/2013 WILL BE HEARD BY HON’BLE MR JUSTICE SANJIV KHANNA AND HON’BLE MS JUSTICE SUNITA GUPTA IN COURT NO 6 BENCH NO VII ON 22.08.2016.

WITH BEST REGARDS.

 

Free stylers–reasons for them have no meaning:


My Diary:

I received a telephone call the other day from one of the readers of this blog asking me as to what has happened in regard to –

  • Pension issues in State Bank of India and
  • Compassionate appointments in Banking industry

I explained to him in detail as to why there is no requisite outcome in regard to both the problems and that what are the reasons of delay. Initially he was polite and soft in his talks but he lost his cool when I told him that like others he too may have to wait till the anomalies and the problems in the matter are sorted out by the top channels in the Government and the banks through IBA (Indian Banks Association) besides Delhi High Court who have since transferred the issues relating to Pension to a new bench of judges. About compassionate appointment too I explained to him the scenario in detail including the very history of it right from Bank of Bengal days. Highly annoyed with what I told him politely, he got badly annoyed replying to me saying ‘I have nothing to do with all that you have said. I want results only and not false assurances. You leaders give assurances only like our Prime Minister Modi ji does. I think we should have a Morcha platform against our leaders and not the Government nor State Bank. Talks ended at this point and I felt aghast on how the people rate our efforts made indefatigably. The very question that still haunts  my mind is after all there is a limit for every thing and so applies to patience on the part of the leaders too.

Greetings on India’s Independence Day

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wish you all a very very HAPPY INDEPENDENCE DAY

Advanced technology–a handy tool in perpetrating frauds:


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Frauds are no more a difficulty, they are rather more user friendly to the cheaters, thanks to the highly developed modern technology in the country. Neelramesh Neelakantan, a veteran on awareness issues and front runner in the movement on pension issues in State Bank of India. He published a story in facebook narrating his experience gained through a friend of his. The message so published is important to every body as it may happen with any one and from that point of view it acts as a warning signal to the advantage of a large number of people. The relevant portion of the message is reproduced below:

This is to caution my friends about door to door delivery scam, pls take a bit of time to read it: The message was sent to me by one of my friends
This scam is actually very cleverly worked out that you will not suspect of anything wrong:
The following is an account of the incident.
《Wednesday a week ago, I had a phone call from someone saying that he was from a company called: "Express Couriers," He asked if I was going to be home because there was a package for me that required a signature .
The caller said that the delivery would arrive at my home in roughly an hour. Sure enough, about an hour later, a uniformed delivery man turned up
with a parcel and a bottle of wine. I was very surprised since there was no special occasion, and I certainly didn’t expect anything like it. Intrigued, I inquired as to who the sender was.
The courier replied, "I don’t know, I’m only delivering the package."
Apparently, he said the sender would want to give you a surprise and a card would be sent separately… , it happened that my birthday was on the way also, so we thought could be from a distant friend. There was also a consignment note with the gift.
He then went on to explain that because the gift contained alcohol, there was a Rs 257.50 "delivery/ verification charge," providing proof that he had actually delivered the package to an adult (of legal drinking age), and not just left it on the doorstep where it could be stolen or taken by anyone, especially a minor.
This sounded logical and I offered to pay him cash. He then said that the
delivery company required payment to be by credit or debit card only, so
that everything is properly accounted for.
He added they also don’t carry cash to avoid loss or likely targets for
robbery.
My wife, who by this time was standing beside me, pulled out her credit card, gave to him to swipe the card on a small mobile card machine with a small screen and keypad and asked to key in the verification code.
Frankly at this point we never suspected anything abnormal and a receipt was printed out and given to us, he then wished us good day and went off as normal,
To our horrible surprise, between Thursday and the following Monday, Rs 50,000 had been charged/withdrawn from our credit account at various ATM machines.
Apparently the "mobile credit card machine," which the delivery man carried had all the info necessary to create a "dummy" card with all our card details, of course with the verification code.
Upon finding out about the illegal transactions on our card, we immediately notified the bank to stop payment, but already too late.
We went to make a Police report, and was confirmed quite a number of households had been similarly hit.
WARNING: Be wary of accepting any "surprise gift or package," which you neither expected nor personally ordered, especially if it involves any kind of payment as a condition of receiving the gift or package. Also never accYuhept jI anything if you do not personally know or there is no proper
identification of who the sender is.
Above all, the only time you should give out any personal credit card information is when you yourself initiated the purchase or transaction!
PLEASE Pass this on, it may just prevent someone else from being swindled.

Pension issues in SBI–an expression:


pensionerMirza Ghalib was, like Keats in English, a poet of romance and had nothing to do with politics or governance but what he wrote impliedly or otherwise applies quite much to the people in general in their life on this earth. An unending wait for the verdict on grievance used to be a valid ground for punishment for delay so caused at the level of the Qazees, the then magistrates in olden times. Much above Paleolithic age, we are greatly civilised a society today claiming to be ultra modern but certain practices like those in Law appear to be not only outmoded but utterly out of date with thousands and thousands of the victims groaning with pain for an awful delay in timely delivering the requisite judgment –for example Pensioners case in State Bank of India where nothing could be done by the courts even after a lapse of decades. This is all brutally callous. Wait and wait till eternity is the scenario. The pangs of pain like Ghalib said as quoted below equally apply to the victim pensioners knowing no end. Possibly a maga revolution is the need:

आह को चाहिए एक उम्र असर होने तक

कौन जीता है तेरी ज़ुल्फ़ के सर होने तक। 


Pension issues in SBI still hanging in the balance:

KR Saini (2)

Law is blind as is the common saying and this version is mostly used to  (1) emphasise that it doesn’t favour any body and that  (2) it turns a blind eye even to the otherwise most genuine cases irrespective of the merit. Pension issues in State Bank of India are pending disposal by different courts of the country, currently with Delhi High Court, besides the Government of India but even date after date being listed, the outcome was zero. It too looks like a hoax that different dates were fixed up on day to day basis  but hearing wise it came out as a barren result. Now that the relative Bench is changed tentatively listing the next date of hearing and the concerned petitioners feel frustrated realising that, like till now, nothing tangible is to emerge. KR Saini’s message released for our NEWSPAGE is reproduced here:

krsaini commented on NewsPage:

AS PER WEB SITE OF DELHI HIGH COURT,THE ORDER DATED 28.07.2016 IN RESPECT OF OUR COURT CASE NO W.P(C)1875/2013 IS AS UNDER————
”THE HON’BLE DIVISION BENCH DID NOT ASSEMBLE AS HON’BLE MS JUSTICE GITA MITTAL IS ON LEAVE TODAY.
RENOTIFY ON 12TH AUGUST,2016
JULY28,2016 BY ORDER
COURT MASTER.”
THIS MEANS DELHI HIGH COURT HAS NOT CHANGED YET THE DATE OF HEARING AS 26.08.2016 OF THE ABOVE NOTED COURT CASE..
K.R.SAINI


Relevance of media channels:

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In a supersonic age like it is there every thing stands transparently visible, nay exposed, to a naked eye with certain areas much more exceedingly making it difficult at times to differentiate between truth, half truth and an utter lie. Some child throws a pebble in a water pool and reporters from some press or the other are there to cover the news as if there is a bomb blast and the funniest part of it is when a camera man comes across a drowning person asking him as to how he takes the catastrophic event. Ganga barrage in Kanpur (U.P.) is a common sight for such eventualities. No doubt these channels have great role to play in building up the nation providing requisite. health to it in relation to development and overall growth of the country. Facebook sponsorers claim it to be a revolution in itself followed by Twitter. Yes, credit certainly goes to them to broaden much feasible a spectrum of  conversational value facilitating quite smooth a  platform where point to point contacts are just so easy and handy. But it is not that the great plus factors like these don’t suffer from colossal minuses much worse than media in general including news papers and periodical magazines resort to. Most of the print space goes to ads at the cost of the readers. If you are facebook enthusiast, it forms a task for you to get to the relative message straight, you may rather have to run between good morning, good evening, shubh ratri and the like. I wonder as to how people are able to spare hours of precious time in searching this thing and that and how it is that the users don’t keep it for other tasks, positive and with intrinsic worth. If some one goes for updating his/ her photograph in the face book, there is a huge number of people  to recognise the same as if it is a very big event concerning the whole world. No doubt social media is most powerful a tool to promote a climate for people to get closure to each other forming a strong society in in a bigger measure leading requisite missions.

Pension issues in SBI–Yet more of a meaningful material:

There is an ocean of views and opinions in regard to pension issues in State Bank as from the readers and also dexterously competent people like Ramchandra Upadhyaya and K R Saini. In fact there is no dearth of the requisite material as on date to justify the pensioners claims if honestly adhered to by the authorities involved. While clearing heap of arrears on my laptop today I came across a circular letter addressed by Ramchandra Upadhyaya that highlights several factors supporting the issues. To enable it to reach bigger number of people, the same is reproduced below verbatim for the benefit of the readers.

4.6.2016

Dear Friends,

Amendment to SBIEPF Rules 1955.

Twin ceilings on maximum pension payable.

In the attached note, I have established that the amendment carried out to the SBIEPF Rules with effect from 1.3.1999 at the behest of the Central Government is unconstitutional, illegal and not in conformity with various Supreme Court rulings on Pension related matters.

2.I am aghast at the servile attitude of the management of the Bank towards the Central Government officials, which is very well evident from the manner in which the Bank was trying to justify the captioned amendment in paragraph 4.5 (page 12) of Annexure I to the letter no CDO/PM/16/SPL/1187 dated 30.10.2002. The excerpts from the relevant paragraph are reproduced which reads thus: “The above ceiling was probably based on a rationale that SBI officers are getting Contributory Provident Fund (CPF) where Bank is contributing 10% and hence in their case pension be calculated at 40% of the Basic Pay instead of 50% if they were drawing substantive pay of more than Rs. 8500.00 p.m but minimum pension of Rs.4250.00 p.m., which they would have drawn had their basic pay been less, be protected. The rationale which counted with the Government for fixing a ceiling of 40% for the officers drawing pay of Rs.8500.00 and above affected only the officers who constitute about 23% of the total staff strength whereas the facility of CPF where Bank makes contribution of 10% is equally applicable to such of the employees who are drawing pay of below RS.8500.00”

3. The Bank’s attempt to rationalize the Central Government’s instruction is inexplicable as it should have been aware that while contributions to CPF would end with the retirement of an employee, his pension starts accruing on the first day succeeding that of retirement and shall be payable monthly to the retiree and hence the benefit the employee had from the CPF can no way be linked with the pension payable to the employee on retirement.

4. While I was examining the Supreme Court’s order with regard to its directive on ceiling on maximum pension payable, I noticed that the order meant up gradation of pension. As I have been receiving phone calls seeking clarifications on whether the SBIEPFR .provides for up gradation of pension to SBI Pensioners, I thought of sharing my thoughts which are not my own but backed by the observations from Supreme Court rulings, relevant portions of which are reproduced in the attached note. I would like to reiterate that for offering up gradation facility, the Bank need not seek prior approval from the CG as this needs to be done in accordance with the existing Regulations, the provisions in respect of which were already cleared by the CG before the Regulations were framed. The up gradation would only require the approval of the Bank’s ECCB.

A copy of this letter will be forwarded to our advocate.

With kind regards,

Yours sincerely,

P.P.R.Upadhyaya

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