There is a series of questions every now and then being raised by the readers, certain of them being of vital importance. It is not possible to answer every question but the ones that concern the pending issues of pension in different courts of Law are essentially replied by our experts with a view to clearing the confusion in the minds of the readers. One such question raised by Sujoy Kumar Ghosh is elaborately replied by K. R. Saini covering various angles including fitment formula. The question raised as a comment by Sujoy Kumar Ghosh is important and so is its reply, hence quoted below for the information of the readers in general and the pensioners in particular:
Question comment by Sujoy Kumar Ghosh:
Mr.Saini-W.P(C)1931/2002-Prem Vati Bagga& others vs UOI & others.-What do the 5th.& 6th. BP say about calculation of pension on last 12 months salary? If it is the same as the 7th.BP where Jaipuriar has got an order on his pleadings is it not possible for the petitioners in this case as well to plead accordingly? has this aspect been examined ?.
Reply (in two parts) by K.R. Saini:
kINDLY NOTE THAT IN STATE BANK OF INDIA,PENSION IS TO BE CALCULATED ON THE BASIS OF AVERAGE MONTHLY SUBSTANTIVE SALARY DRAWN DURING THE LAST 12 MONTHS PENSIONABLE SERVICE AND THIS HOLDS TRUE FOR ALL THE PENSIONERS OF S.B.I FROM THE YEAR 1986EXCEPT FOR THE 7TH BIPARTITE RETIREES WHERE FOR THE PURPOSE OF CALCULATION OF PENSION,PAY SCALE AS PER 6TH BIPARTITE SETTLEMENT ARE TAKEN INTO ACCOUNT BUT THEY WERE DRAWING SALARY IN THE SCALES OF 7TH BIPARTITE SETTLEMENT AT THE TIME OF THEIR RETIREMENT(S).
IN THE CASE OF 5TH BIPARTITE WHICH STARTS FROM 1.11.1987 TO31.10.1992,CALCULATION FORMULA FOR PENSION IS 50% MAXIMUM RS2400/ WHICH IS FROM 1.1.1986 AFTER THE SUPREME COURT JUDGEMENT AND GOVERNMENT DID NOT REVISED THE PENSION FORMULA FOR 5TH BIPARTITE RETIREES HOWEVER SCALES/GRADES REVISED W.E.F 1.11.1987.IN THE CASE OF 6TH BIPARTITE RETIREES FORMULA WAS 50% MAXIMUM RS4250/ W.E.F 1.111993 AND AFTERWAEDS FORMULA IS 50%.40%W.E.F 1.3.1999.
W.P(C)1931/2002 REGARDING PREM VATI BAGGA &OTHERS V/S U.O.I& OTHERS WAS FILED BY 6 PENSIONERS AND 1 FAMILY PENSIONER RETIRED BEFORE 1.11.1993.
DEAR SIRS, IN OTHER BANKS PENSION TO 7TH BIPARTITE RETIREES WERE BEING PAID AS PER CLAUSE 16 OF 7TH BIPARTITE SETTLEMENT
CLUSE 16 OF 7TH BIPARTITE SETTLEMENT—-PAYMENT OF PENSION.
”IN RELATION TO AN EMPLOYEE WHO RETIRES OR DIES WHILE IN SERVICE OR AFTER 1ST DAY OF APRIL,1998’PAY’ FOR PUPOSE OF PENSION SHALL BE THE AGGREGATE OF THE PAY DRAWN BY MEMBER OF THE AWARD STAFF IN TERMS OF 6TH BIPARTITE SETTLEMENTDATED THE 14TH FEBRUARY,1995 AND THE DEARNESS ALLOWANCE THEREON CALCULATED UPTO INDEX NUMBER 1616 POINTS IN ALL INDIA CONSUMER PRICE INDEX FOR INDUSTRIAL WORKERS IN THE SERIES 1960=100.THIS SHALL BE SUBJECT TO THE NECESSARY AMENDMENTS TO BE MADE TO THE RELEVANT PROVISIONS OF BANK(EMPLOYEES) PENSION REGULATIONS 1995.”
IN OTHER BANKS PENSIONFORMULA IS PENSION BEING PAID ON THE LAST 10 MONTHS AVERAGE SALAY AND @ 50% TO ALL PENSIONERS WITH 33YEARS PENSIONABLE SERVICE W.E.F 1.1.1986 AND REGULATIONS 1995 FOR OTHER BANKS ONLY NOT FOR S.B.I
THIS ABOVE NOTED ANOMALY HAS BEEN REMOVED IN THE 8TH BIPARTITE SETTLEMENT AND NOW ALL THE EMPLOYEES OF OTHER BANKS IN REGARD TO 7TH BIPARTITE RETIREES ARE GETTING PENSION ON THE LAST 10 MONTHS AVEAGE SALARY W.E.F 1.5.2005 BUT SBI EMPLOYEES ARE STILL GETTING PENSION ON THE BASIS OF 6TH BIPARTITE PAY SCALES AND DEARNESS ALLOWANCE THEREON CALCULATED UPTO INDEX NUMBER 1148 POINTS IN ALL INDIA CONSUMER PRICE INDEX FOR INDUSTRIAL WORKER IN THE SERIES 1960=100(DEARNESS ALOWANCE FOR SBI EMPLOYEES ONLY FOR OTHER BANKS IT IS ABOVE 1684POINTS.)