Pension issues in SBI read in conjunction with judicial system of India:



Judicial system in India being most grotesque one, the pension issues in the case of retirees from State Bank of India are grossly subjected to a frustration laded confusion resulting into a tortuous plight for them. KR Saini, an ardent pursuer of the pension related cases gave his explicit views on the topic some time back to let the readers know the exact complications for a better understanding. The very narrative is reproduced below:

KESHAV RAI SAINI
Nov 29, 2014 @ 22:34:07

OUR PENSION ISSUES AND JUDICIAL SYSTEM OF INDIA.

AS YOU ARE AWARE THAT THE PENSION ISSUE THAT CONCERNS EXCLUSIVELY THE RETIRED PEOPLE PARTICULARLY OLD PENSIONERS WHO ARE 70 YEARS TO 87 YEARS OLD,VERY MUCH A WRONG SIDE OF AGE——–IT IS SURPRISING THAT OUR CASE NO W.P(C) 1875/2013 WHICH WAS TRANSFERRED TO DELHI HIGH COURT FOR DISPOSAL FROM SUPREME COURT ON SOME TECHNICAL GROUNDS WAS LISTED FOR FINAL HEARING ON 27.11.2014 AND NEXT DATE OF HEARING HAS BEEN FIXED ON 29.01.2015* AFTER A GAP OF 2 MONTHS.
ALTHOUGH OUR THIS COURT CASE WAS COMPLETELY HEARD IN SUPREME COURT OF INDIA FOR MORE THAN ONE AND HALF YEAR BUT THE BANK AND THE GOVERNMENT HAD SUCCEDED IN GETTING IT TRANSFERRED TO DELHI HIGH COURT ON SOME TECHNICAL GROUNDS WITH A VIEW TO PROLONG  IT FURTHER.THE OBVIOUS REASON FOR THE SUPREME COURT TO DIVERT OUR WRIT PETITION TO DELHI HIGH COURT IS THE ADAMANT STAND OF CENTRAL GOVERNMENT.
THE HONOURABLE SUPREME COURT IN THEIR ORDER ON THE 27 FEBRUARY’ 2013 SPECIFICALLY MENTIONED AS SINCE THE PROCEEDINGS ARE LAST ONE AND HALF YEAR ,WE DEEM IT PROPER TO TRANSFER THE PETITION PAPERS TO DELHI HIGH COURT AND REQUEST THE LEARNED HIGH COURT 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 RECEIPT OF THE RECORDS. BUT NOW THE DELHI HIGH COURT HAS NOT DECIDED THE CASE WITHIN EVEN ABOUT ONE AND HALF YEARS.
IN THIS CONNECTION, I MAY ADD THAT I HAVE REACHED 74 YEARS OLD AND THIS CASE MAY TAKE ANOTHER TWO YEARS TO DECIDE AND ONLY GOD KNOWS WHAT WILL BE THE FATE OF THIS COURT CASE
THERE HAS BEEN REVISION OF PENSION FOR THE 7TH BIPARTITE RETIREES OF OTHER NATIONALIZED BANKS WHICH ARE GETTING PENSION @50% W.E.F 1.05.2005 HOWEVER I AM GETTING BASIC PENSION @27%..WHAT A STEP MOTHERLY TREATMENT BY THE GOVERNMENT WITH S.B.I PENSIONERS
.?
K.R.SAINI

* The next date so deferred is 29/01/2015

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12 thoughts on “Pension issues in SBI read in conjunction with judicial system of India:”

  1. Sir,
    Mr Saini has rightly explained the position of 7th bipartite retirees from State Bank Of India. This is a great injustice with them . Other banks pensioners are getting 50% pension of their last drawn salary and the Pensioners of 7th Bipartite from State Bank Of India are getting 29% pension of their last drawn salary.Where is judiciary , The order of Supreme court to the Delhi High court was to decide the case with in six months , why there is delay in the case. ,Who is responsible for the delay, The Delhi High Court Judges should be countable for the delay and should be punished by the Supreme-court. , other wise we the Indians will not have the respect for the Highest court of India–i.e. Supreme court. Mr Saini has the fear that two more years will be wasted to decide the case ,and after that what will be the result is not known. . The pensioners are above the age group 0f 74 to 78 years,and nobody can guess that they will be survived to see the verdict of the Delhi High Court. It is a .Matter of shame for all of us. The judiciary, The Govt., The State Bank Of India and The I.B.A.
    Thanks sir.
    Rajkumarnegi

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  2. THE REVISION OF PENSION ON THE 7TH BIPARTITE PAY SCALES AND PAYMENT OF PENSION ON THE BASIS OF 50% AVERAGE PAY OF THE LAST 12 MONTHS PAY ARE OUR MAJOR PENSION ISSUES WHICH ARE EXISTED IN S.B.I ONLY NOT ARE EXISTED IN OTHER BANKS.OUR PENSIONERS FEDERATION WANTS TO SOLVE THESE TWO MAJOR PENSION ISSUES BY FILING THE COURT CASE INTHE SUPREME COURT ON11.03.2011 AND AFTERWARDS THIS CASE HAS BEEN TRANSFERRED TO DELHI HIGH COURT ON 27.02.2013.OUR PENSIONERS FEDERATION WANTS THATALL THE PENSIONERS IN S.BI GET THE PENSION@50% OF THE LAST 12 MONTHS AVERGE PAY W.E.F 1.11.1987 OR FROM THE DATE(S) OF RETIREMENT(S) WHICH IS LATER..
    SHRI NEGI, I HAVE ALREADY WRITTEN AN ARTICLE UNDER THE HEADING ”PENSION ISSUES IN S.B.I-AN ANALYSIS BASED ON COMPARATIVE STUDY.” AND I TRY TO COMPLETE THIS ARTICLE WITH MY COMMENTS TODAY AND YOU ARE REQUESTED TO SUBMIT YOUR FEEDBACK/VIEWS/IDEAS ON THAT ARTICLE BECAUSE THAT ARTICLE RELATES TO 7TH BIPARTITE RETIREES ONLY AS YOU ALWAYS WRITE ON FACTUAL POSITION.THANKS.
    K.R.SAINI

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  3. THE PROBLEM OF DELAY AND ACCUMULATION OF HUGE ARREARS OF CASES BOTH IN HIGH COURTS AND SUPREME COURT HAVE ASSUMED SERIOUS DIMENSIONS AND A LOT OF CRITICISM OF THE ENTIRE LEGAL SYSTEM.THE CAUSE OF DELAY ARE MANY. THERE ARE LACUNAS WITHIN THE LAW ITSELF OF WHICH CLEVER LAWERS SEEK ADJOURNMENTS ON PERSONAL GROUNDS,FOR THE BENEFIT OF THEIR CLIENT.SHRI NEELKANTH JI HAS WRITTEN AN ARTICLE”JUSTICE DELAYED IS JUSTICE DENIED ”.KINDLY GO THROUGH THAT ARTICLE WITH COMMENTS.THE LAWS IN LEGAL SYSTEM GIVE RISE TO UNLIMTED SUITS,THE PURPOSE BEING NOT TO SEEK REDRESS BUT,CAUSE THE HARASSMENT TO OPPONENTS,
    K.R.SAINI
    K.R.SAINI

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  4. JUDICIAL SYSTEM AND LEGAL MACHINERY DO NOT WORK IN ISOLATION FROM SOCIETY.THEY ARE INTEGRAL PARTS OF THE ENTIRE SOCIAL AND POLTICAL SYSTEM.THEIR WORKING DEPENDS ON THE CO-OPERATION OF OTHER ELEMENTS.WE MUST HAVE A NON-PLITICAL,EFFICIENT,DEDICATED HONEST AND UPRIGHT JUDICIARY WHICH MUST BE AWARE OF ITS RESPONSIBILITIES AND REMAIN FEARLESS.ONLY SUCH PERSONS SHOULD BE APPOINTED AS JUDGES WHO ENJOY THE CONFIDENCE OF GIVING THE RIGHT JUDGEMENTS.THEY MUST BE ALLOWED TO FUNCTION IN SUCH A MANNER THAT THE COUNTRY IS ASSURED OF FAIR AND EQUAL JUSTICE ALONGWITH WITH SOCIAL AND ECONOMIC JUSTICE.
    K.R.SAINI

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  5. IF JUDGES WITH SPECIAL ACQUANINTANCE OR CMPETENCE OR THOSE WHO HAVE SPECIALISED IN CERTAIN BRANCHES OF LAW ALLOTTED CASES UNDER THE PARTICULAR BRANCH OF LAW,THE TIME TAKEN BY JUDGES WHO ARE NOT FAMILIAR WITH THE BRANCH,SPECIALLY OF IT IS A SPECIALISED BRANCH.BENCHES FORMED OF COMPETENT JUDGES SHOULD BE ALLOWED TO FUNCTION FOR A REASONABLE LENGTH OF TIME AND JUDGES CONSTITUTING THE BENCH SHOULD KNOW WELL IN ADVANCE WHEN THE BENCH IS TO BREAK SO THAT THERE MAY BE NO PART-HEARD CASES LEFT BY THE BENCH AFTER IS IT DISMENTLED.THIS HOWEVER REQUIRES DISCIPLNE ON THE PART OF JUDGES THEMSELVES.THIS MATTER ON WHICH THE INTERAL DISPILINE OF JUDGES IS VERY ESSENTIAL.THEY MUST RELISE THAT THEY HOLD HIGH AND DIGNIFIED POSITION OF THE SOCIETY.
    K.R.SAINI

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  6. FREQUENTLY ADJOURNMENTS SOUGHT BY THE RESPONDENTS/PETTIIONERS UPSETTIMG THE SCHEDULE OF WORK.THE RESPONSIBILITY TO COMPLY WITH IN SITUATIONS OF DELAYS.SOMETIME THE RESPONDENTS ARE SO STRONG AS IN THIS COURT CASE ARE U.O.I AND STATE BANK OFINDIA AND THEY MANAGE TO LINGER ON THE CASE.
    LAWERS INDULGE IN LENGTHY ARGUMENTS BEFORE THE COURT.THERE IS NEED TO REDUCE THE QUANTUM OF ORAL ARGUMENTS PREPARED WITH GREAT CAUTION AND PRECISION.SOME TIME DUE TO FREQUENT CHANGE OF BENCHES BY THE COURT .IN THIS COURT CASE DURING PERIOD OF ABOUT TWO YEARS 3/4 BENCHES HAS BEEN CHANGED AND EACH BENCH STARTS TO HEAR THE CASE AFRESH.THESE ARE THE SOME OFCAUSES OF DELAY IN THE VERDICT OF THE ABOVE NOTED CASE.
    K.R.SAINI

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  7. WE ARE LIVING IN A SOCITY WHERE INSTANCES ARE THERE WHERE EVEN DIFFERENT HIGH COURTS VERDICTS ARE NOT IMPLEMENTED BY THE GOVENMENT/STATE BANK MANAGEMENT.SO ALSO IN CASES DECIDED IN FAVOUR OF THE 7TH BPARTITE RETIREES BY THE MADRAS HIGH COURT,KERALA HIGH COURT AND CALCUTTA H IGH COURTIN THE YEAR,2008,2010,AND 2012 RESPECTIVELLY..STATE BANK MANAGEMENT UNDER THE ADVICE OF M.O.F/GOVERNMENT OF INDIA PREFERRED APPEALS AGAINST THE JUDGEMENTS JUST TO DENY THE BENEFITS TO S.B.I RETIREES.
    AS ALL OF YOU ARE AWARE THAT OUR PENSION RULES ARE STATUTORY IN CHARACTER EVEN THEN BANK CANNOT APPLY THESE STATUTORY RULES WITHOUT THE PREVIOUS SANCTION OF CENTRAL GOVERNMENT FROM TIME TO TIME.
    THE ABOVE NOTED COURT CASE UNDER REFERENCE (W.P(CIVIL)1875/2013) VIRTUALLY FILED IN 2000 BY THE PENSIONERS FEDERATION IN THE SUPREME COURT AS W.P(CIVIL)529 FOR REDRESSAL OF PENSIONERS GRIEVANCES AND LATER ON W.P(CIVIL)529 WAS WITHDRAWN FROM THE SUPREME COURT ON 16.10.2000 AT THE ADICE OF SUPREME COURT THAT OUR PENSIONERS FEDERATION SHOULD FIRST FILE THE COURT CASE IN A HIGH COURT.THEN OUR PENSIONERS FEDERATION FILED A COURT CASE IN 2002 IN DELHI HIGH COURT THROUGH 7 RETIREES WHO RETIRED BEFORE 1.11.1993 FOR SULUTIONS OF PENSION ISSUES.THIS COURT CASE IS REGARDING PREM VATTI BAGGA &OTHERS W.P(CIVIL) 1931/2002 AND IS STILL PENDING FOR THE LAST 13 YEARS BEFORE A SINGLE JUDGE.
    WE HAVE THE HISTORY AND THE FACTS BEFORE US AND THERE IS NO POINT ON BLAMING UNIONS OR STATE BANK MANAGEMENT AT THIS JUNCTURE.

    UNLESS PRESURE IS BUILT UP ON GOVRNMENT OF INDIA(M.O.F) PENSION ISSUES IN S.B.I WILL NOT BE RESOLVED.OUR PENSIONERS FEDERATION IS FIGHTING IN THIS DIRECTION BY USEING ALL THE POSSIBLE METHODS.LET US HOPE FOR THE BEST.
    K.R.SAINI

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  8. ALL PENSIONERS OF S.B.I KINDLY NOTE THAT NEXT DATE OF HEARING IN THE ABOVE CASE IS 6TH APRIL,2015 FOR DETAIL PROCEEDINGS DATED 29.01.2015KINDLY REFER TO MY WEBSITE NEWSPAGE/AVENUES ,UPPERMOST.ME/NEWSPAGE/ WHEREIN I HAVE ALREADY WRITTEN THE PROCEEDINGS DATED 29.01.2015 IN RESPECT OF AVOBE NOTED CASE.
    K.R.SAINI

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