Pension issues in SBI–Scenario riddled with a false acrobatics: (Part 4)



Image result for Indian pensionerKR Saini, the author of this write-up being one of his comments in the basic post ‘A cursory look on pension in State Bank of India’ picks up the thread from his earlier articles marked Parts 1,2 and 3 highlighting the very thesis of the issue in the context of judgments delivered by judicial quarters being different courts of law in the country. Presented with an academic flavor, the author expatiates the intricacies of the role of the Law involved in relation to pension issues in State Bank of India. The readers owe him a gratitude. The contents of his article are reproduced as under:

Keshav Rai Sainikrsaini
Aug 23, 2015 @ 02:50:01 Edit

IN CONTINUATION OF MY WRITE UP DATED THE 20TH,21ST AND 22ND AUGUST,2015.TO DAY I AM SUBMITTING MY COMMENTS ON THE FOLLOWING VERDICS DECLARED BY DIFFERENT HIGH COURTS IN FAVOUR OF 7TH BIPARTITE RETIREES BUT NOT IMPLEMENTED BY THE BANK/GOVERNMENT.

  • (1) MADRAS HIGH COURT JUDGEMENT DECLARED IN 2008 BY A SINGLE JUDGE.
    (2) KERALA HIGH COURT JUDGEMENT DECLARED IN 2010 BY A SINGLE JUDGE.
    (3)CALCUTTA HIGH COURT JUDGEMENT DECLARED IN 2012 BY A SINGLE JUDGE.
    (4) DELHI HIGH COURT JUDGEMENT DATED 6.04.2015 IN FAVOUR OF SHRI KIRAN KUMAR JAIPURIER (7TH BIPARTITE RETIREE) BY A BENCH OF 2 JUDGES.
    MADRAS HIGH COURTJUDGEMENT DATED 16.10.2008.
    FOUR WRIT PETITIONS FILED BY 157 PENSIONERS OF STATE BANK OF INDIA IN 2001 AND DURING THE HEARING OF THIS CASE BANK HAS PROPOSED TO REFIX THE PENSION AND VWAS AWAITING THE APPROVAL OF THE GOVERNMENT.
    COURT VERDICT 16.10.2008——-TO CONSIDER THE PROPOSAL SENT BY THE S.B.I IN RESPECT OF  D.A MERGER OF 1684 POINTS INDEX AND PASS APPROPRIATE ORDERS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF RECEIPT OF THE COPY OF THIS ORDER .THESE DIRECTIONS ARE TO THE GOVERNMENT.
    THEN BANK FILED A REVIEW PETITION AGAINST THIS JUDGMENT BEFORE A DOUBLE BENCH OF MADRAS HIGH COURT AND WHEN THE DOUBLE BENCH WAS  GOING TO DECLARE THE VERDICT BANK WAS ABLE TO TRANSFER THE WRIT PETITIONS TO SUPREME COURT IN JANUARY,2014. NOW TRANSFER PETITIONS 750 TOB758 ARE STILL PENEDING IN THE SUPREME COURT.NO HEARING TOOK PLACE AFTER 22.09.2014.
    KERAL HIGH COURT CASE JUDGEMENT DATED 14.09.2010—-20 7TH BIPARTITE RETIREES FILED THIS WRIT PETITION IN 2003.
    ORDER OF A SINGLE JUDGE.—–THIS JUDGEMENT IS BASED ON THE FACT THAT IF BANK CAN REVISE THE PENSION THE PENSION OF 8TH BIPARTITE RETIREES UNLESS AND UNTIL THE RULES ARE FORMALLY AMENDED BY THE PROCESS KNOWN TO LAW, ENHANCED PENSION CANNOT BE BE GIVEN TO THE EMPLOYEE OF S.B.I,THEN THAT SHALL ALSO BE UNIFORM APPLIED TO ALL PENSIONERS OF S.B.I AND IF ANY AMOUNT HAS BEEN PAID TO 8TH BIPARTITE RETIREES THAT SHALL BE PROMPTLY RECOVERD. STATE BANK OF INDIA SHALL TAKE A DECISION ON THIS BASIS OF THE ABOVE DIRECTION BUT BANK OBTAINED A STAY ORDER OF THIS JUDGEMENT AND STAY IS NOT VACATED YET.
    CALCUTTA HIGH COURT JUDGEMENT DATED 13.09.2012–THIS CASE WAS FILED BY ONE AWARD STAFF EMPLOYEE NAMED SHRI SALILKUMAR GHOSH IN THE YEAR2003.
    ORDER OF THE COURT
    ACCORDINGLY,STATEBANK OF INDIA IS DIRECTED TO CALCULATE THE PENSIONERS’ BENEFITS(SHRISALILKUMAR GHOSH) ON THE BASIS OF THE REVISED PAY RECEIVED BY HIM UNDER THE 7TH BIPARTITE SETTLEMENT.THE PETITIONER HAS DIED IN 2014 AND BANK IS PAYING FAMILY PENSION ONLY.
    DELHI HIGH COURT JUDGEMENT DATED6.04.20215 IN FAVOR OF KIRAN KUMAR JAIPURIER.
    THIS JUDGEMENT IS BASED ON THE LEGAL POSITION WOULD BE THAT IF POST SUPERANNUATION OF AN EMPLOYEE WAGES ARE INCREASED FROM THE DATE ANTERIOR FROM A DATE OF SUPERANNUATION AND DIFFERENTIAL PAID FOR THE PURPOSES FROM THE DATE OF SUPERANNUATION THE LAST 12MONTHS DRAWING WAGES THE PENSION WOULD HAVE TO BE REFIXED KEEPING IN VIEW THE INCREASED PAY OF 7TH BIPARTITE SETTLEMENT.
    TOBE CONTINUED,
    K.R.SAINI
  • To be continued as Part 5
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Author: neelkanth

Certainly not a celebrity but do have inquisitiveness to know things, realise them and live them to the extent possible. My interest in History, Art of Living and behavioural science is an element that inspires me.Am a poet,an author,a consultant, an advisor on computers and behavioural science.Served as Director in Central Board of State Bank of India.Remained associated with trade union activities and industrial relations as President,All India State Bank of India Staff Federation.Led a delegation on computers to several countries abroad number of times as from State Bank of India/ Banking Industry. Was twice accorded with NATIONAL AWARD FOR EXCELLENCE by All India Freelance Journalists Association, Chennai (India). My email address is: neelkanthshahi@gmail.com

12 thoughts on “Pension issues in SBI–Scenario riddled with a false acrobatics: (Part 4)”

  1. Sri Saini Ji,
    Do you think that fight in court is enough or there must be Dharana and Pradarshan in Each District all over India before SBI Branches.

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  2. THE RELEVANT PROVISION OF STATE BANK OF INDIA EMPLOYEES PENSION FUND RULES 1955 AND NOW STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS–2014,FOR COMPUTATION OF PENSION ON THE LAST 12 MONTHS AVERAGE PAY HAS NOT BEEN ADHERED TO IN THE CASE OF ABOUT 30000 PENSIONERS RETIRED DRAWING SALARY AS PER 7TH BIPARTITE PAY SCALES IN FORCE FROM 1.11.1997/1.04.1998 TO 31.10.2002.THIS PENSION IS STILL BEING PAID COMPUTED NOT ON THEIR LAST 12 MONTHS AVERAGE SALARY DRAWN BUT ON THE PRE-REVISED 6TH BIPARTITE PAY SCALES IN FORCE FROM 1.11.1992/1.07.1993 TO 31.10.1997/31.03.1998 IN VIOLATION OF SBI PENSION FUND RULES/REGULATIONS.THE ABOVE PAYMENT IGNORING THE LAST DRAWN SALARY IS BEING MADE ONLY ON THE ADMINISTRATIVE INSTRUCTIONS WITHOUT ANY AMENDMENT TO SBI EMPLOYEES PENSION FUND RULES/REGULATIONS.
    K.R.SAINI

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  3. THE REVISION OF PENSION ON THE 7TH BIPARTITE PAY SCALES AND PAYMENT OF PENSION AT50% OF THE LAST 12MONTHS AVERAGE PAY ARE OUR MAJOR TWO PENSION ISSUES THESE TWO ISSUES RELATE TO STATE BANK OF INDIA ONLY NOT TO OTHER BANKS.I HAVE WRITTEN/DISCUSSED MUCHON THESE TWOISSUES.INTHISNOTE I WILL TRY TO JUSTIFY THE7TH BIPARTITE RETIREESISSUE BECAUSEVARIOUS HIGH COURTS GAVE VERDICTS ON THIS ISSUE IN FAVOUR OF 7TH BIPARTITERETIREES AND I HAVE MENTIONED THE VERDICS INTHIS NOTE FOR YOUR INFORMATION.
    K.R.SAINI

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  4. LEGALNPOSITION
    IN STATE BANK OF INDIA ALL THEPENSIONERS ARE BEING PAID THE PENSION ON THE BASIS OF LAST 12 MONTHS AVERAGE PAY W.E.F 1.1.1986 IN TERMS OF VERDICT BY THE SUPREME COURT ON 23.02.1989,BUT EXCEPT THE 7TH BIPARTITE RETIREES .PENSION CANNOT BE PAID ON NOTIONAL PAY,SINGLE OUT THE 7TH BIPARTITE RETIREES MAY VIOLATE THE ARTICLE 14 AND 21 OF THE CONSTITUTION OF INDIA.IT IS LEGAL ,EQUITABLE AND JUSTIFIED TO PROVIDE FOR PENSION FOR7TH BIPARTITE RETIREES ON THE SAME FOOTING AS THAT OF 8TH AND 9TH BIPARTITE RETIREES,DENYING THE SAME TOTHESE RETIREES AMOUNTS TO DISCREMINAION.MOREOVER THE PENSION TO 7TH BIPARTITE RETIREES IS NOT ON THE LINES OF PENSION FUND RULE/REGULATION23(1) OFTHE STATE BANK OFINDIA EMPLOYEES PENSION FUND REGULATIONS–2014.
    K.R.SAINI

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  5. ALL THE PENSIONERS OF S.B.I ARE AWARE THAT A COURT CASE WAS FILED BY OUR PENSIONERS’ FEDERATION IN THE SUPREME COURT WHICH HAS BEEN TRANSFERRED TO DELHI HIGH COURT ON THE 27TH FEBUARY,2013 FOR PAYMENT OF PENSION AT 50% OF THE AVERAGE OF LAST 12 MONTHS SALARY TOALL ELIGIBLE PENSIONERS OF S.BI FROM 1.11.1987 OR FROM THE DATE(S) OF THEIR RETIREMENT(S) WHICH EVER LATER.NEXT DATE OF HEARING IS THE7TH SEPTEMBER,2015.
    K.R.SAINI

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  6. The writ ups of shri K.R.Sainiji is of self explanatory and evev lay man can understand what is obtaining in SBI regarding payment of pension to its employees.Hats of to him.

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  7. KERALA HIGH COURT CASE DECIDED IN 2010 IN FAVOUR OF 7TH BIPARTITE RETIREES AND BANK FILED A WRIT APPEAL AGAINST THIS JUDGEMENT IN 2010 AND DATE OF HEARING WAS FIXED FIRST TIME ON THE 31ST AUGUST,2015 BUT DUE TO BUSY SCHEDULE OF THE KERALA HIGH COURT BANK’S APPEAL HAS NOT BEEN HEARD ON THE 31ST AUGUST,2015 BUT I UNDERSTAND THAT PENSIONERS’ ADVOCATE WAS ABLE TOSUBMIT TO THE HIGH COURT THE STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS-2014 AND THE RECOMMENDATIONS OF THE BANK DATED 27.04.2015. AND NEXT DATE OF HEARING IS NOT FIXED YET.
    K.R.SAINI

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    1. Shri K.R.Sainiji good morning. You are doing a yomon service to the benefit of pensioners in general and in particular the 7th BPRS. GOD BLESS YOU.

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  8. A reading of the Articles by ShriSainaji indicates the rule of law has been given a goby by IBA,Finance ministry.Let Modi ponder over the deception played by these agencies to delay payment of rightfull dues to pensioners of SBI.One Rank one Pension is not only for Defence personnel but to all pensioners receivng pension.The Govt has to agree to this universal principle irrespectie of cost involved.Can the Govt effect a wage freeze to serving employees on the basis of cost?The Govt is going ahead with 7th pay commission recommendations to the Govt staff.Where is the cost factor gone?You cannot have two faces.Let the Govt cut down wastefull expenditure incurred on MPs who do nothing but fighting in the Parliament..The irony is these lawmakers are demanding higher emoluments on account of increased cost of living.India needs an objective leader who is not swayed by the establishment and party affiliations.Will this day come,Idare not say it will.

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    1. True,Shri K.R.Sani’s write ups are not only meaningful but explains the pension issues in a clear and understndable manner.The clarifications given by him for the doubts raised are in simple language and without any room for further doubt to arise.A very useful service indeed.

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