Pension issues–the two important cases pending at Delhi High Court: (Part 5)



 This one is the Part 5 of K R Saini’s running serial dealing with the two important cases going on at Delhi High Court in a so called priority basis by fixing it’s hearing on day to day order as against the fact that it is all just notional and the actual hearing never goes beyond day to day deferments. The author explains the apathy part of it as follows:


krsaini
Aug 24, 2015 @ 10:06:19 Edit

IN CONTINUATION OF MY WRITE UP DATED THE20TH, 21ST, 22ND AND 23RD AUGUST ,2015. TODAY I AM GOING TO WRITE ON THE TWO COURT CASES NO W.P(C)1931/2002 ANDW.P(C)1875/2013 AT DELHI HIGH COURT .FIRST CASE IS BEFORE A SINGLE JUDGE AND THE SECOND BEFORE A DOUBLE BENCH AND ARE STILL PENDING.
W.P(C)1931/2002 REGARDING PREM VATI BAGGA AND OTHERS V/S U.O.I & OTHERS.
PRAYER BEFORE THE COURT.
(a) FOR QUASHING THE IMPUNGED LETTER ISSUED BY MINISTRY OFVFINANCE,DEPARTMENT OFVECONOMIC AFFAIRS(BANKING DIVISION) WHICH MADE THE AEBITRARY DIVISION OFVPENSION INTO TWO CATEGORIES OF 50% AND 40%.
(b)QUASHING THE ORDER DATED 31.10.2000 ISSUED BY STATE BANK OFVINDIA CREATING ARTIFICIAL DIVISION OF PENSION PAYMENT IN CASE WHERE THE SALARY LEVEL IS UPTO RS8500/AT THE RATE OF 50% AND 40% WHERE IT EXCEEDS RS8500/.
(c)GIVE ORDER OR DIRECDTIONS TO THE RESPONDENTS TO FOLLOW THE ESTABLISHED NORM OFVPENSION BEING 50% OFVTHESALARYBLEVEL OF THEVRETIRED EMPLOYEES AT THEVTIMEVOFVRETIREMENT AND 30% AS FAMILY PENSION FORVPENSIONERSAS A CLASS.
(d)GIVE DIRECTION ORVORDER TOTHECRESPONDENTS FORRECALCULATION OF PENSION BASED ON 60 YEARS OFAGE W.E.F 1.11.1993 EVEN PRE 1.11.1993 PENSIONERS SUCH AS THE PETITIONERS AND TOPAY THE ARREARS OFPENSION DUE TO THE PENSIONERS.
(e) GIVE DIRECTIONS OR ORDER TO THE RESPONDENTS TO REVISE AND RECALCULATE THE DEARNESS RELIEF TO PENSIONERS/PETITIONERS AT THE RATE OF 100% NEUTRALISATION AND ABOLISH THE DISCREMINATION AMONG DIFFERENT TYPE OF PENSIONERS.
IN THIS CONNECTION I HAVE TO ADVISE IN THE PROCESS OF THIS COURT CASE 5 PETITIONERS OUT OF7 PETITIONERS HAVE DIED AND THE CASE IS STILL PENDING ATDELHI HIGHCOURT THE NEXT DATE OF HEARING IS 17.09.2015.

W.P(C)1875/2013—OUR PENSIONERS’ FEDERATION FILED A COURTCASE W.P(c) 184/2011 IN THE SUPREME COURT IN MARCH 2011 AND LATER ON THE CASE TRANSFERRED TODELHIHIGH COURT AS W.P(C)1875/2013 ON27.02.2013 AND IS STILL PENDING AT DELHI HIGH COURT BEFORE A DOUBLE BENCH.
PRAYER—–THE GIST OF THEPRAYER MADE BY OUR FEDERATION THAT PENSION BEINGPAID AT THE 50% OF LAST 12 MONTHS AVERAGE PAY(PRO RATA IF PENSIONABLE SERVICE IS LESS THAN 30 YEARS OFPENSIONABLE SERVICE) AND PENSION SHOULD BE APLICABLE FROM 1.11.1987 OR FROM THE DATE OFRETIREMENT WHICH IS LATER TO ALL PENSIONERS OFS.B.I.THIS CASE HAS BEEN LISTED DAILY W.E.F 6.07.2015 BUT NO HEARING TOOK PLACE AND ARGUMENTS ON PENSION REGULATIONS WILL BE HEARD WHEN HEARING STARTS.
TO BE CONTINUED

K.R.SAINI


To be continued as Part 6.

The pension symbol and also that of the author’s photograph are not appearing because of certain technical problems.

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11 thoughts on “Pension issues–the two important cases pending at Delhi High Court: (Part 5)”

  1. W.P(C)1931/2002 REGARDING PREM VATI BAGGA AND OTHER V/S U.O.I AND OTHERS.————BRIEF HISTORY ——–
    AS YOU ARE AWARE THAT THE HON,BLE SUPREME COURT IN ITS JUDGEMENT DATED THE 23RD FEBRUARY,1989 DIRECT THE BANK TO ENHANCE THE PENSION FROM RS750//RS1000/ TO RS2400/ PER MONTH WITH EFFECT FROM 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS C.P.I,THE MAXIMUM BASIC PENSION OF SENIOR MOST EXECUTIVE(DEPUTY MANAGING DIRECTOR) WAS AT RS4800/ PER MONTH.THE SUPREME COURT UPHELD THE CONCEPT OF 50% BASIC PAY AS PENSION UPTO LEVEL OF DEPUTY MANAGIN DIRECTOR.
    K.R.SAINI

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  2. SUBSQUENTLY WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987 ON THE 5TH BIPARTITE SETTLEMENT IN THE YEAR 1990/1991 BASED MERGER OF600 POINTS C.P.I,THE SPIRIT OF HON,BLE COURT SHOULD HAVE BEEN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/PER MONTH WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIOR MOST EXECUTIVE OF THE BANK(D.M.D).UNFORTUNATELY,THE PENSION CEILING WAS NOT RAISED THOUGH A PROPOSAL WAS PUT UP TO THE GOVERNMENT.
    K.R.SAINI

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  3. IN THE YEAR 2000 FEDERAION S.B.I PENSIONERS’ASSOCIATIONS &OTHERS FILED AWRIT PETITION NOW.P(C) 529/2000 FOR SECURING 50% AS PENSION TO ALL PENSIONERS BUT AT THE ADVCE OF SUPREME COURT THIS CASE HAS BEEN WITHDRAWN ON 16.10.2000 AS SUPREME COURT STATED THAT IT IS A SERVICE MATTER AND ALLSUCH CASES SHOULD BE FILED FIRST IN THE HIGH COURT.
    CREATION OF W.P(C)1931/2002
    PENSIONERS’ FEDERATION TOOK ABOUT ONE AND HALF YEAR AND THEN FILED THE ABOVE NOTED COURTCASE THROUGH 6 PENSIONERS AND ONE FAMILY PENSIONERS WHO WERE RETIRED BEFORE 1.11.1993 AND THIS CASE IS FOLLOWED BY OUR FEDERATION.NEXT DATE OF HEARING IS 16.09.2015 NOT 17.09.2015AS ADVISED BY ME IN MY WRITEUP . HOWEVER, THIS CASE IS BEFORE A SINGLE JUDGE.
    K.R.SAINI

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  4. Respected Sir
    It is a great boon for the pensioners that you both are with us to inspire the pensioners to not go in area of bleak. And Sir we are loyal of your struggle in favour of us till we are.

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  5. BRIEF HISTORY OF W.P(C)1875/2013————THIS COURT CASE WAS ORGINALLY FILED BY FEDERATION OF SBI PENSIONERS ASSOCIATION & OTHERS—-PETITIONERS V/S U.O.I &OTHERS AS RESPONDENTS UNDER W.P(C)184 /2011,CASE FILED IN THE SUPREME COURT UNDER ARTICLE 32 AND ARTICLE 32 DEALS WITH FUNDAMENTAL RIGHTS.
    WHEN THE MATTER WAS TAKEN UP FOR HEARING,TWO PRELIMINARY OBJECTIONS IN RESPECT OF MAITAINABILITY OF THE WRIT PETITION IS RAISED BY SHRI P.P MALHOTRA LEARNED ADDITIONAL SOLICITOR GENERAL APPEARING FOR UNION OF INDIA.FIRSTLY THAT THE FEDERATION HAD APPROACHED THISCOURT(SUPREME COURT) ON AN EARLIER OCCASION SEEKING REDRESSAL OF ITS GRIEVACES IN WRIT PETITION (CIVIL)529/2000, BUT LATER ON HAD WITHDRAWN THE SAID PETITION WITH LIBERITY TO APROACH THE HIGH COURT.HOWEVER,THE FEDRATION WITHOUT TAKING RECOURSE TO THE AFORESAID REMEDY HAS FILED INSTANT WRIT PETITION AFTER A LAPSE OF MORE THAN 12 YEARS WITHOUT SEEKING PERMISSION FROM THE COURT AND THEREFORE,CONTENDS THE WRIT PETITION DESRVES TO BE DISMISSED IN LIMINE.IN THIS CONNECTION ,I HAVE ALREADY MENTIONED THIS INCIDENCE OF FILING WRIT IN 2000 IN MY WRITEUP RELATING TO W.P(C)1931/2002.
    K.R.SAINI

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  6. SECONDLY THE PRAYERS SOUGHT IN WRIT PETITION IS WITH REGARD TO THE SERVICE CONDITIONS OF EMPLOYEES/OFFICERS RETIRED FROM SERVICE ON ATTAINING THE AGE OF SUPERANNUATION AND THEREFORE THE WRIT PETITIONFILED-UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA IS NOT MAINTAINABLE BEFORE THIS COURT(SUPREME COURT)IN THIS VIEW THAT THIS IS NOT A FIT CASE OF TO ENTERTAIN UNDER ARTICLE 32 OF THE CONSTITUTION.THE PROPER COURSE FOR THE PETTIONERS WOULD BE TO MOVE THE HIGH COURT TO REGISTER THEIR GRIEVENCES.BUT SINCE THE PLEADINGS ARE COMPLETE AND MATTER IS BEING HEARD BY THE COURT FOR THE LAST ONE AND HALF YEAR.WE DEEM IT PROPER TO TRANSFER THE CASE TO DELHI HIGH COURT WITH INSTRUCTIONS TO COMPLETE THE CASE WITHIN SIX MONTHS.ON TRANSFER OF THIS CASE TO DELHI HIGH COURT THIS CASE BECOME AS W.P(C) 1875/2013 AND IS STILL PENDING AT DELHI HIGH COURT.
    HERE I HAVE TO MENTION THAT OUR LAWYER’S LUCANA FOR THIS TRANSFER OF CASE TO DELHI HIGH COURT.
    K.R.SAINI

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  7. PRESENT STATUS OF W.P(C) 1875/2013————–AS PER WEB SITE OF S.BI PENSIONERS ASSOCIATION BENGAL CIRCLE ”IT IS LEARNT THAT CASES LISTED AGAINST SERALNO 1 AND 1B RELATING TO THE YEAR 2010 AND 2009 HAVE SINCE BEEN TAKEN UP AND THEIR FINAL ORDERS WILLBE GIVEN BY THE COURT SOON.THUS THE OBSTACLES WHICH WERE PREVENTING OUR CASE FROM BEING TAKEN UP,APPEAR TO HAVE BEEN REMOVED. OUR CASE LISTED AT SERIAL NO 1A IS NOW LIKELY TO BE TAKEN UP NEXT WEEK AND VERDICT WILL COME SOON,”LET US HOPE FOR THE BEST BUT THESE ARE ALL PRESUMPTIONS,
    K.R.SAINI

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  8. Respected Sir,
    Although we know the actual position of the case by you and we feel satisfaction but
    we compel to think that how many time it will take and what will be the result of it. and nobody can call a spade a spade of it.Therefore it is a subject of thought of us.

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  9. waiting for more than 12years for this anomoly to be removed and not the justice but the right must be done. Your efforts are commendable. Continue. All the blessings.

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