This one is yet another clarification by KR Saini with specific reference to pay scales and pension emanating from the 7th bi-partite settlement involving adverse anomalies in the matter of fitment and other conditions. This may prove to be of interest to the retiree pensioners to understand better the complications so impliedly affecting the issues. His note by way of a meaningful comment in the date of 2nd August’2014 on this blog is reproduced for the knowledge and information of the readers who always need an elaborate explanation on varied issues to understand them more thoroughly.
“THE REVISION OF OUR PENSION ON SEVENTH BIPARTITE PAY SCALES AND PAYMENT OF PENSION AT 50% OF THE LAST DRAWN AVERAGE PAY ARE OUR MAJOR PENDING PENSION ISSUES.ON THESE TWO ISSUES WHICH RELATE TO STATE BANK OF INDIA ONLY AND NOT TO OTHER BANKS.I HAVE WRITTEN/DISCUSSED MUCH ON THESE TWO .NOW,IN THIS NOTE I WILL TRY TO JUSTIFY THESE TWO ISSUES FROM THE LEGAL POINT OF VIEW AND I REQUEST TO ALL THE READERS OF THIS BLOG FOR GOING THROUGH THIS NOTE AND SUBMIT THEIR OWN COMMENTS/REPLIES/FEEDBACK.
7TH BIPARTITE ISSUE IN STATE BANK OF INDIA.
WHAT LAW OF THE LAND SAYS–CONCEPT OF PARITY AMONG THE PENSIONERS IS BASED ON VARIOUS JUDGMENTS.D.S. NAKRA CASE AS DETAILED BELOW—–”IT WAS CLEARLY STATED THAT IF THE PENSIONERS FROM ONE CLASS,THEIR CALCULATION OF PENSION CANNOT BE BY DIFFERENT FORMULA AFFORDING UNEQUAL TREATMENT SOLELY ON THE GROUND THAT SOME RETIRED EARLIER AND SOME RETIRED LATER.THIS IS TO US THE DECISION OF D.S NAKRA CASE AND NO MORE.”
HERE YOU WILL OBSERVE THAT GOVERNMENT/BANK MADE THE AMENDMENT IN THE STATE BANK IF INDIA EMPLOYEES PENSION FUND RULES FOR THE 8TH BIPARTITE RETIREES ONLY(THOSE RETIRED AS ON 1.11.2002 OR AFTER IT) WHEN BOTH 7TH AND 8TH BIPARTITE RETIREES WERE ON EQUAL FOOTING BECAUSE 7TH AND 8TH BIPARTITE RETIREES WERE GETTING PENSION ON THE SAME FORMULA BUT BANK REVISED THE SALARY OF 8TH BIPARTITE RETIREES W.E.F 1.5.2005.IF A RETIRED PERSON IS ELIGIBLE FOR PENSION AND IF HE SURVIVES TILL THE TIME OF SUBSEQUENT AMENDMENT OF THE RELEVANT PENSION SCHEME,HE WOULD BECOME ELIGIBLE TO GET THE ENHANCED PENSION OR WOULD BECOME ELIGIBLE TO GET MORE PENSION.I AM OF THE VIEW THAT WHEN THE PENSION REVISION OF 8TH BIPARTITE RETIREES TOOK PLACE IN 2006 W.E.F 1.5.2005 BANK/GOVERNMENT HAD TO REVISE THE PENSION FOR 7TH BIPARTITE RETIRES ALSO W.E.F 1.5.2005 AS IN THE CASE OF 8TH BIPARTITE RETIREES”. K.R.SAINI