Pension issues in SBI–Justice delayed is justice denied:



Published below is an article submitted by a close reader of this blog Gopalji Tandon the contents of which have sumptuously a meaningful orientation relevantly applicable to the scenario that is obtaining in relation to pension issues in State Bank of India titled as JUSTICE DELAYED IS JUSTICE DENIED sub titled as HUM HONGEY KAMYAB EK DIN BUT POSTHUMOUSLY ( हम होंगे कामियाब एक दिन किन्तु मरणोपरान्त) which saying aptly fits into the theme as the pension is an issue that concerns exclusively the retired people including those who are 75 years and above old, very much a wrong side of age.

  • It is surprising that our case No.WP(c ) 1875 of 2013 which was transferred to Delhi High Court for disposal from Supreme Court on some technical grounds was listed for final hearing on 14-10-2014 but unfortunately it could not be heard before the close of court’s proceedings on 14-10-2014 & the next date for hearing has been fixed on 27th November 2014. Earlier in the similar situation when our case No.WP(c ) 184 of 2011 was listed in Supreme Court on 26-2-2013 and the case could not be heard before the close of court’s proceedings it was heard on the next date i.e on 27.2.2013. It is strange that if our APEX court can hear the case on the next day why it can not be heard on the next day or next Monday/Tuesday by Delhi High Court.
  • 2- Although Our case No. WP(c) 184 of 2011 was completely heard in Supreme Court of India for one and a half year but the Bank and the Government had succeeded in getting it transferred to Delhi High Court on some technical grounds with a view to linger it on. The obvious reason for the Supreme Court to divert our Writ Petition to Delhi High Court is the adamant stand of Central Government. The Government is reported to have taken a stand that any further increase in pension payment would have an impact on the part of profitability of SBI.
  • 3- The Honourable Supreme Court in their order dated 27-2-2013 specifically mentioned as Since the pleadings are complete and the matter is pending before this Court for the last one and a half years we deem it proper to transfer the petition papers to Delhi High Court and request the learned Chief justice to assign the writ petition before a Bench of his choice for early disposal of the matter, at any rate within the outer limit of six months from the date of receipt of records.
  • There should be a contempt case against the Delhi High Court for not obeying the instructions of Supreme Court to decide the case within given time frame i.e six months. I have reached more than 74 and the case will not be decided in the next 10 years as per speed of the case in the court and the date given after the gap of one and a half month. Mr. K.R. Saini has once again narrated the whole (*all cases) pending in the different High Courts and the bad intention of the Govt. as well as judiciary. Why the Supreme Court has transferred the case to Delhi High Court and why our lawyer accepted it to transfer the case to Delhi High Court. It is evident that step motherly treatment was created by the Government of India.
  • There has to be revision of pension for 7th bipartite in terms of which other banks are getting pension @50%.
  • Keeping in view the attitude of the Bank, Govt. and speed of judiciary I can very well say that HUM HONGEY KAMYAB EK DIN BUT POSTHUMOUSLY ( हम होंगे कामियाब एक दिन किन्तु मरणोपरान्त).

Gopal Ji Tandon

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27 thoughts on “Pension issues in SBI–Justice delayed is justice denied:”

  1. I know that here in the U.S., a person’s estate could maintain a cause of action for back pay owed to it. This gets around people doing what the SBI is doing, namely stalling to wait for people to die. Do you know if people in India have this right to have their estate maintain cases after they die?

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  2. How come the statement of the Govt that pension will erode the profitability of the Bank went unchallenged.Pension is paid out of pension fund which is now to thorder of thousands of crores and the Bank can pay pension and arrears even out of the interest the Bank is earning.What a raw deal for the aged pensioners of theBank.

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  3. Respected Sir,
    It is a very trouble some position of the pensioners before 2002 of Stat Bank of India to adopt delaying tactics by the UPA Govt. What Mr. Tandan says in his article is very meaningful. The article has being represented the sorrowful thoughts of the pensioners of S.B.I.Sir,we are waiting your instructions in this regard

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  4. While in active service, people including leaders are little concerned about the issue of pension, their concern remains the salary revision. After retirement when the other world confronts in naked form, the pension becomes issue. From the days of the ‘Fabian of East’, the great(?) socialist, to this day when market is the master, the prime duty of the nation viz. welfare of its people has been a rhetoric only. As a nation we hesitate even in doing lip service to real issues of people. The government is supposed to be an ideal employer but in practice the situation is quite the opposite. The prime reason for this is the all powerful and self-serving bureaucracy of our country. They arrange all perks and privileges for them, although everything comes from the exchequer and the class doing no productive work, only an outlay. They simply do not want others to be seen anywhere around them. This all India service has done and is doing irreparable damage to our system and governance. Jack of all and masters of none, they head and control everything in this sub-continent. Judicial system again is classic example of an unbridled master, making rules for its own and operating under the all pervasive shield of judicial freedom and ‘contempt of court’. They are so over busy with issues relating to class people viz. politicians, powerful bureaucrats, and wealthy that little time is left for ordinary mortals. The lawyers with unlimited access to resources (money) manage everything – adjournments and dates. Courts have little time and scope for common people because these common people may not have enough resources to hire a ‘competent’ advocate. May be the present government, although more market friendly, does something for masses, because the leader comes from the common class.

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    1. Yours is the voice that may inspire many. I do admire you to join the cause with strength though still in active service. I quite expect you to continue with your contribution like this as a mission directed to the welfare of the pensioners who continue to remain deprived of their most legitimate an issue. Your expressions carry much of a weight with a powerful language. My thanks with love and affection.

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  5. FIRST OF ALL I AM THANKFUL TO SHRI NEELKANTH AND SHRI GOPAL JI TONDON FOR PUBLISHING THIS POST BECAUSE THE CONTENTS OF THIS NOTE SHOW THE REALITY AND FACTS FOR HOW DELAYING METHODS ARE USED FOR DELAYING THE DECISIONS OF VARIOUS HIGH COURTS/SUPREME COURT.EVEN THEN THE SURVIVING OLD PENSIONERS ARE LIVING WITH A HOPE THAT ONE DAY THEY WILL SUCCEED TO ACHIEVE THE JUSTICE.
    I HAVE ALREADY NARRATED THE ALL COURT CASES PENDING IN VARIOUS HIGH COURTS IN 2013.NOW AFTER ONE YEAR THERE CHAS BEEN NO CHANGE IN THE POSITION AS ADVISED BY ME IN THE YEAR 2013,I MEAN TO SAY THERE IS NO PROGRESS OF PENDING COURT CASES EVEN AFTER ONE YEAR..I HAVE ALSO WRITTEN THE PLIGHT OF OLD PENSIONERS IN SBI IN A SEPARATE NOTE.I HAVE ALSO WRITTEN A POST TITLED ”PENSION ISSUES IN S.B.I-‘BACKGROUND CLIPPING (PART 5) WHICH RELATES TO THE WHOLE ISSUE OF 7TH BIPARTITE RETIREES AND HOW INJUSTICE HAS BEEN DONE TO THESE RETIREES..HERE I REQUEST ALL THE OLD PENSIONERS TO GO THROUGH MY THESE WRITE UPS/POSTS.K.R SAINI

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  6. Sir, I have nothing to add, your narration with sh Gopal ji Tandon has depicted the inner story of all the retirees of 1998-2002 specially the 7th Bipartite retirees Pensioners from State Bank Of India . The officers who have given their golden days for the institution now begging for the increase in pension at Par with others/ specially with the Central Govt Officers.. Mr K.R.Saini had written much on this issue, and the Bank / Govt are thinking to give them justice only after their death. .Tandon ji has rightly said ‘HONGE KAMYAB ONLY AFTER DEATH>”
    Thanks for the topic and love for the Pensioners/retirees.
    Rajkumarnegi

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  7. I HAVE ALSO WRITTEN A NOTE ”PENSION FUND IN S.B.I”
    ”JUSTICE DELAYED IS JUSTICE DENIED” IS A LEGAL MAXIM MEANING THAT IF LEGAL REDRESS IS AVAILABLE A PARTY THAT HAS SUFFERED FROM INJURY BUT IS NOT FORTHCOMING IN TIMELY FASION,IT IS EFFECT VERY THE SAME AS HAVING NO REDRESS AT ALL.THIS PRINCIPLE IS THE BASIS FOR THE RIGHT TO A SPEEDY TRIAL AND SIMILAR RIGHTS WHICH ARE NEED TO EXPEDIATE THE LEGAL SYSTEM BECAUSE IS IN FAVOUR FOR INJURED PARTY TO HAVE SUSTAIN THE INJURY WITH LITTLE HOPE FOR RESOLUTION. ..THIS STATEMENT HAS BECOME RALLYING FOR LEGAL REFORMS WHO VIEW COURTS OR GOVERNMENT HAS ACTING TOO SLOWLY IN RESOLVING LEGAL ISSUES EITHER BECAUSE THE EXISTING SYSTEM IS TOO COMPLEX OR OVERBURDENED OR BECAUSE THE ISSUE PARTY IN IT WEEK OR NO POLITICAL FAVOUR..K.R.SAINI

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    1. All the three of your comments on date are directed to a meaningful orientation and are as important as your earlier feedbacks on the topic. Your contributions in relation to the issue of pension in SBI are a pace setter in a way. My sincere thanks to you for building up a strong base to serve the cause of pensioners.

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  8. IF SOMEONE DELAYS SOMETHING AS IMPORTANT AS JUSTICE KNOWING THAT INJUSTICE IS A THREAT TO IT THEN THE PERSON IS DENYING JUSTICE.IF IT WAS IMPORTANT TO THE PERSON ,THEN THEY WOULD HAVE HANDLED THE SITUATION RIGHT THEN BUT SINCE THEY DELAYED IT THAT MEANS IT IS NOT AN IMPORTANT ISSUE TO THEM.K.R.SAINI

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  9. I HAVE ALSO WRITTEN A NOTE HOW S.B.I EMPLOYEES ARE ENTITLED TO THREE BENEFITS ON RETIREMENT I.E CONTRIBUTED PROVIDENT FUND,,PENSION AND GRATUITY UNDER GRATUITY ACT 1972.
    JUSTICE DELAYED AND JUSTICE DENIED MEANS THAT IF JUSTICE IS NOT CARRIED OUT RIGHT AWAY TIMELY THEN EVEN IF IT IS CARRIED OUT LATER IT IS NOT REALLY JUSTICE BECAUSE THERE WAS A PERIOD OF TIME WHEN THERE WAS LACK OF JUSTICE”’INJUSTICE ANY WHERE IS A THREAT TO JUSTICE EVERY WHERE”BUT FOR A GOOD JUDICIARY IT IS ESSENTIAL THAT JUSTICE SHOULD BE IMPARTIAL,SPEEDY AND CLEAN.THEREFORE IF SOMEONE DELAYS SOMETHING AS IMPORTANT AS JUSTICE KNOWING THAT INJUSTICE IS A THREAT TO IT ,THEN THE PERSON IS DENYING JUSTICE.IN SHORT THEN IT MEANS THAT IF THE JUSTICE IS DELAYED BY ANY CAUSE IT IS VERY HARMFUL TO THE PEOPLE OF ANY SOCIETY.
    LAST BUT NOT THE LEAST”INJUSTICE ANY WHERE IS VA THREAT TO JUSTICE EVERY WHERE. ADJOURNMENTS BY THE COURTS/LAWYERS IS ANOTHER REASON FOR DELAY.” K.R SAINI

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  10. I FEEL THAT IT IS MY PRIME DUTY TO ADVISE TO ALL PENSIONERS THE PRESENT STATUS OF ALL PENDING COURT CASES AT VARIOUS HIGH COURTS/SUPREME COURT.MADRAS HIGH COURT CASES WERE FILED IN 2001 TO 2003 BY 7TH BIPARTITE RETIREES AND THERE WAS A VERDICT BY A SINGLE JUDGE ON 16.10.2008 IN FAVOUR OF PENSIONERS AND COURT DIRECTED THE GOVERNMENT TO CONSIDER THE REVISION OF PENSION ON THE SAME LINES AS FOR 8TH BIPARTITE RETIREES.BUT THE GOVT/BANK DID NOT IMPLEMENTED BANK WENT TO FILE AN APPEAL AGAINST THE JUDGEMENT WHEN THE DOUBLE BENCH OF MADRAS HIGH COURT WAS GOING TO GIVE VERDICT BANK SOUGHT AN ADJOURNMENT AND WENT TO SUPREME COURT FOR TRANSFER OF ALL MADRAS HIGH COURT CASES TO DELHI HIGH COURT .HERE BANK IS THE ONLY APPEAL PARTY AND PENSIONERS ARE THE RESPONDENTS .FOR THE LAST MORE ONE YEAR CASES ARE PENDING WITH SUPREME COURT .KINDLY REFER TO TRANSFER APPEAL 750-758 IN THE SUPREME COURT .NO DATE OF NEXT HEARING IS FIXED AFTER 22.09.2014.NO BENCH HAS BEEN APPOINTED .IT IS BEFORE REGISTRAR FOR THE LAST ONE YEAR.NOTICES TO RESPONDENTS(PENSIONERS) ARE NOT COMPLETED IN ONE YEAR .I MEAN TO SAY TRANSFER PETITION HAS NOT BEEN STARTED..
    KERALA HIGH COURT HAS ALSO GIVEN VERDICT IN FAVOUR OF 7TH BIPARTITE RETIREES IN SEPTEMBER 2010 BUT BANK DID NOT IMPLEMENTED THE VERDICT .NO FURTHER DEVELOPMENT IN THE KERALA HIGH COURT CASE.THIS CASE HAS BEEN FILED IN 2003.
    W.P(CIVIL)1931/2002 BEFORE A SINGLE JUDGE IS PENDING FOR THE LAST 12 YEARS HERE THIS CASE IS FILED BY 6 PENSIONERS AND ONE FAMILY PENSIONERS .5 PENSIONERS OUT OF 7 HAVE DIED .BUT COURT CASE HAS NOT BEEN DECIDED SO FAR.
    IN THE CASE OF SHRI SALIL KUMAR GHOSH AN AWARD STAFF EMPLOYEE AND 7TH BIPARTITE RETIREE CALCUTTA HIGH CDOURT HAS GIVEN A VERDICT IN FAVOUR OF PENSIONER IN 2012 BUT BANK DID NOT IMPLEMENTED THE VERDICT.NOW SHRI SALIL KUMAR GHOSH HAS DIED ON 13.09.2014 .THESE ARE FATE OF COURT CASES WHICH CLEARLY SHOW THAT JUSTICE DELAYED IS THE JUSTICE DENIED., K.R.SAINI

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  11. Reading the article of Shree K. R. Saini I felt that I was seeing a nightmarish. If the case of 5 pensioners out of 7 have died and Shri Salil Kumar Ghose has died on 13.9.2014 while the Calcutta High Court has given a verdict in favour of pensioners in 2012 but the bank did not implemented the verdict.then what is the way to save and to compel the Government to implement the verdict of the respective court. If it is decided by the government that after the death of pensioners the verdict will be implemented then the pensioners should ready to embrace the death by sitting on Dherna Karya Kram before the parliament to give a message to the government that the pensioners of S.B.I knew very well to reach our institution on apex level and also know very well to embrace the death for a noble cause for the pensioners .

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  12. SHRI TANDON,SHRIAWADHESH AND ALL S.B.I PENSIONERS,DO NOT LOSE HOPE,SUCCESS IS DETERMINED NOT BY WHETHER OR NOT YOU FACE OBSTACLES BUT BY YOUR REACTION TO THEM,IF YOU LOOK AT THESE OBSTACLES AS A CONTAINING FENCE,THEY BECOME YOUR EXCUSE FOR FAILURE.IF YOU LOOK AT THEM AS A HURDLE EACH ONE STRENGTHENS YOU FOR THE NEXT..
    THE PROBLEM MAY DEFINED AS THE”GAP” BETWEEN THE CURRENT STATUS AND THE DESIRED STATUS.THE DEFINITION IS ALSO AT THE BASE OF THE PROBLEM SOLVING METHODOLOGIES WHICH TAKE ADVANTAGE FROM THE MEASUREABILITY OF THE PROBLEM ITSELF.

    I PRAY TO GOD
    SHANTI
    SHAKTI
    SAMPATI
    SWARUP
    SAADGI
    SAMRIDHI
    SANSKAR
    SWAASTH
    SARASWATI

    SHUBH DIWALI. TO ALL S.BI PENSIONERS.

    K.R.SAINI

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      1. This is clear from the Delhi High Court case of Smt Prem Vati Bagga case and the case 1857 referred by Supreme court to Delhi High court to decide the case within six months and now more than 16 months have passed, no action from our Pensioners association/ federation for the contempt of Delhi Court, the only duty of the pensioners associations office bearers (three ) from Chandigarh circle is to visit Vishakapatnem By ” A I R ” even on odd circumstances ,having full knowledge of “Sunami ” by association funds and the result of this meeting /visit is nil , Our association /federation has become political association instead of social organisation. The courts as well as I.B.A and the Govt are knowing all this and this is the reason the poor pensioners of 7th bipartite specially from the State Bank Of India Pensioners are more effected. God is to save them . We must follow the scripr written by Sh K.R Saini for consolation. Rajkumarnegi

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