Pension issues–on up gradation:



A lot has been written by KR Saini on up gradation of pension in this blog as a matter of expatiating the various intricacies involved to the benefit and knowledge of the readers being pensioners from State Bank of India. There are some who differed with his views on interpretation of various areas of the issue, the up gradation being the one. Such dialogues bring more clarity to the problem. Ramchandra Upadhyaya, an ex General Manager of State Bank itself, places his view point in the matter , quite lucidly and meaningfully, vide his message dated the 18th September’2015 addressed to KR Saini and the same is reproduced below:

  • You are trying to link up gradation of pension with normal pension. If you examine the matter, the basis for D.S.Nakara case is the writ petition filed by a group of Central Government pensioners. I agree that any right thinking, progressive organisation respecting law, should act as per the decision given in D.S.Nakara case by itself. The Central Government thinks otherwise. It feels that what is allowed as per the Pension regulation of each organisation should be followed. I am not awrae of the Pension rules in L.I.C and RBI. What I am stating is different. I am only stating that what is permissible’admissible as per our pension rules, framed by the Bank’s Central Board should not be referred to the Central Government whose task ends with the giving approval for the Rules as proposed by the Central Board. It should not meddle with the pension payment practice followed by the Bank. Autonomy does not mean whatever the organisation feels should be done. There should be uniformity in the practice followed by all public sector undertakings. I therefore disagree with Sri S.S.Tarapore’s view. Both LIC and RBI should have placed their proposals before the Central Government and if the latter do not agree, move the Courts to get sanction for their proposal. In the case of SBI, the management was so chicken hearted that it did not have courage to implement Supreme court order dated 23.2.89. I am not asserting that my efforts would succeed but I am interested in pensioners knowing that there is no truth in the Bank’s version that it is not getting Govt’s sanction.If the Bank realises its folly well and good. But unfortunately, there is already a propaganda that the Bank can’t do anything without the approval of the Govt. It is here that I would state that the Bank is not functioning as an autonomous body but as a department under the Central Government. What prevents it from applying the provisions of the Regulations and pay pension to the 7th bipartite retirees.
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33 thoughts on “Pension issues–on up gradation:”

  1. REGARDING ANOMALY IN PENSION OF 7TH BIPARTITE RETIREES————
    IN THIS CONNECTION,I REITERATE THAT IN STATE BANK OF INDIA THERE IS NO DIRECT RELATION BETWEEN WAGE REVISION AND REVISION IN PENSION.WHENEVER WAGE REVISION TAKES PLACE AFTER BIPARTITE SETTLEMENT,THE REVISION IN PENSION DOES NOT TAKE PLACE AUTOMATICALLY/IMMEDIATELY,AS PER 7TH BIPARTITE SETTLEMENT,THE NEW PAY SCALES WERE GRANTED TO THE EMPLOYEES.HOWEVER,FOR THE PURPOSE OF CALCULATION OF PENSION,PAYSCALES AS PER 6TH BIPARTITE SETTLEMENT ARE TAKEN INTO ACCOUNT AS NECESSARY SANCTIONS WERE NOT ACCODED BY THE GOVERNMENT.
    FOR INSTANCE,IN CASE OF10TH BIPARTITE SETTLEMENT ON THE 25TH MAY,2015,THE PENSION TO RETIREES COVERED UNDER 10TH BIPARTITE ARE GETTING PENSION ON THE BASIS OF 9TH BIPARTITE SETTLEMENT.THE POSITION WILL,HOWEVER,REGULARISED WHEN THE SANCTION OF REVISED PENSION ONTHE BASIS OF 10TH BIPARTITE PAY SCALES WILL BE APPROVED BY THE GOVERNMENT.THIS IS BEING THE PROCEDURE BEING FOLLOWED IN THE PAST ALSO.
    IN VIEW OF THIS,ANOMALY IN THE 7TH BIPARTITE PENSION CONTINUES FOR LACK OF GOVERNMENT’S APPROVAL,WHICH ISSUE IS PERSISTANTLY BEING FOLLOWED UP BY THE BANK FOR THE LAST 16 YEARS OR SO,WHICH UNFORTUNATELY SHALL AWAIT THE GOVERNMENT’S’ APPROVAL FOR THE REASONS UNKNOWN TO ANY ONE.
    K.R.SAINI

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  2. AS PER WEB SITE OF S.B.I PENSIONERS’ ASSOCIATION MUMBAI(PUNE)—=-
    IN TERMS OFSECTION 50(2)(O) OF S.B.I ACT 1955 ACCORDINGTO WHICH THE S.B.I NEED TO CONSULT R.B.I AND GET APPROVAL OF CENTRAL GOVERNMENT FOR GIVING ANY BENEFIT TO PENSIONERS ALTHOUGH PENSION IS COMPUTED AS PER S.BI PENSION REGULATION NO 23(SUB REGULATION 1,2,3)
    K.R.SAINI

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  3. As the livelihood of pensioner either retired earlier or recently retired is same then why pension is different of a same cadte retirees?
    I think this object is more logical than other valid reasons. At the time of each revision a pension shuold automatically be revised by deciding a fix percentage for ever.

    I do agree that Bank is not working as an autonomous body. It’s officials are becoming spokesmen of Government Body day by day in their vested interest.

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  4. Is it not ridiculous that once approved rules and regulations by GOI ,if no improvement in pension other than what is stipulated in the rules and regulations, requires again GOI’s approval for implementation?.What kind of country we are living in? When did India become banana republic? Is not SBI autonomous body?

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  5. Respected sir
    As methinks it was totally wrong to send the problems of pensioners who retired before 2002 by State Bank Of India to take approval from the Govt. because the State Bank Of India is not a autonomous boy of the Government of India. According to respected Uppadhya ji “But unfortunately, there is already a propaganda that the Bank can not do any things without the approval of the Govt”. Sir, can the bank withdraw his approval letter from the Govt? Or can the high court give the judgment in favour of the pensioners by ignoring the Government’s approval in this case.

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    1. Shri awadhesh45, The court order is final and GOI’s approval is not necessary.Shri Ramachandra Upadyaya our ex rtd.GM earlier had written a letter to the chair person of SBI which contains full of undeniable facts by the Bank as well the GOI.But power that be in our bank has no spine to decide of its own.Even for exercising the powers vested in the management of SBI they look up on GOI .This is the sorry state of affairs obtaining at once powerful Bank of ours.

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  6. Dear Lakhmanji
    Agreed your points.The Bank Officials and d MOF/ Govt Officials are playing hide and seek in front of sbi 7th bipartite Pensioners by denying their eligible pension.Is it d duty of individual pensioner to represent d facts to higher authorities ? Then what for we formed an Association ? Are they sleeping for d last one and half decades ?Really it is a matter of SHAME for d Office bears of our Association

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    1. Shri Ramesh Neelakanntan, I presume but to be confirmed that most of the office bearers may not be affected in pension issue as in the case of 7th bipartite retirees ,hence the lethargic attitude.

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    2. We have formed pensioners association/Federation for conducting tours/periodical pensioners meet at various places without serving any purpose / representing petty matters of members which otherwise would have been solved either automatically or by individual members effort.In short they got other important issues than the 7th BP retirees pension issues.Hats off to them.

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  7. PENSION ANAMOLIES IN SBI
    All the affected SBI Pensioners must have gone through the entire relevant sections of the SBI Act 1955 and those of the SBIEPFR and it was no where found to have been laid down that after every Salary revision consequent upon the Bipartite Agreements, the Bank is required to seek approval of the C.G. for revision of pensions of the retirees of that Bipartite.
    Only the Bank and the Pensioners’ Associations/Federation are sanguine to this view point. This irregular practice has been started from the year 2000 and is still continued since then for the reason best known only to the Bank and Pensioners’ Associations/Federation. If there are any instructions to that effect from the C.G., they need to be made known to the affected Pensioners and the legal validity of those instructions if any, need to be examined from the legal advisers of the Bank and the Advocates of the Federation, to sort out the long lingering problem.

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    1. Probably the persons at the helm of affairs in SBI /Awrd staff,Officers federations at the material period are solely responsible for the injustice meted against 7 th BPRS. The God shall not forgive them.

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  8. IN NUT SHELL SECTION 50(1) OF THE STATE BANK OF INDIA ACT1955 FACILIATE THE CENTRAL BOARD OF THE STATE BANK OF INDIA TO FRAME REGULATIONS WITHTHE CONSULTATION OF R.B.I AND PREVIOUS SANCTION OF THE CENTRAL GOVERNMENT.HOWEVER ANY AMENDMENTS/MODIFICATIONS IN THESE REGULATIONS REQUIRE APPROPRIATE SANCTIONS OFTHE CENTRAL GOVERNMENT.
    SECTION 60(2)(O) OF STATE BANK OF INDIA ACT1955 AUTHORISE THE CENTRAL BOARD TO MAINTAIN PENSION FUND FOR THE BENEFIT OF THE EMPLOYEES OFSTATE BANKN OF INDIA .
    K.R.SAINI

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    1. Referring to Shri KR Sainiji’s post, it is clear that GOI’s approval is necessary for any change to be made in the pension regulation act.However to extend a benefit to the pensioners which is already in the rules and regulations ,approved by GOI,again require second approval from GOI.

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  9. SECTION 50(4) OF STATE BANK OF INDIA ACT1955 PRESCRIBE THE PROCEDURE/PROCESS OF AMENDMENTS/MODIFICATION OF THESE REGULATIONS AND ARE TO BE PLACED IN THE BOTH HOUSES OF PARLIAMENT FOR 30 DAYS THEN MODIFIED/ AMENDED REGULATIONS ARE TO BE IMPLEMENTED.ALL THE PENSIONERS ARE REQUISTED TO READ THESE SECTIONS OFTHE STATE BANK OF INDIA ACT 1955 FOR UNDERSTANDING PENSION RULES AND REGULATIONS.
    K.R.SAINI

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  10. I UNDERSTAND THAT THE REVISION OF PENSION, CONSEQUENT UPON THE REVISION OF SALARY IN TERMS THE RESPECTIVE BIPARTITE SETTLEMENT SHOULD NOT BE CONSTRUED AS AN AMENDMENT TO THE SBIEPFR. THE SBIEPFRs DULY APPROVED BY THE C. G. AS TO THE “PAYMENT OF 50% PENSION OF THE LAST TWELVE MONTHS AVERAGE SALARY DRAWN” IS ALREADY THERE WITH THE BANK.. UNDER WHAT RULES/REGULATIONS/ACT THIS EXERCISE IS LAID DOWN TO BE FOLLOWED METICULIOUSLY AFTER EVERY BIPARTITE SETTLEMENT?
    SECONDLY, THE BANK HAVE THE FULL SUPPORT OF THE TWO SUPREME COURT JUDGEMENTS DATED 23/02/1989 & 01/07/2015. ALL THE RULES/ REGULATIONS ARE FRAMED IN TERMS OF THESE JUDGEMENTS AS NO BANK CAN VIOLET THE SUPREME COURT VERDICTS.

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    1. Sir, This point has been written by many readers in others pensioners site ,but still it is not well taken by Association/Fedaration and they insist as per rules and regulations governing pension payments theGOI approval is a must.

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      1. SIR, LET THE PENSIONERS’ ASSOCIATION/FEDERATION CATEGORICALLY ADVISE TO THE AFFECTED PENSIONERS UNDER WHICH SECTION OF THE ACT/SBIEPFR IT IS A MUST TO SEEK APPROVAL OF THE C.G. FOR EVERY REVISION OF PENSION COSEQUENT UPON THE SALARY REVISION IN TERMS OF EACH BIPARTITE SETTLEMENT.

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      2. Sir ,the associations, fedaration are not transparent .No categorical advise could be expected from them.In this connection Shri.KR.Sainiji known to be well versed in pension matters has opined that the GOI Concurranc is must to pension revision .

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  11. FRIENDS,I FULLY AGREE THAT STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS–2014 WERE FRAMED ON THEV18TH SEPTEMBER,2014 UNDER SECTION 50 OF THE S.B.I ACT BY THE CENTRAL BOARD AFTER CONSULTATION WITH RESERVE BANK OF INDIA AND WITH THE PREVIOUS SANCTION OF THE CENTRAL GOVERNMENT.HOWEVER,THEREFORE ANY AMENDMENT/MODIFICATION ALSO REQUIRES APPROVAL BY THE CENTRAL GOVERNMENT.THOUGH THE BANK HAS RECOMMENDED FOR REMOVAL OF ANOMALIES IN PENSION ON 27.04.2015,UNTIL SUCH TIME THAT CENTRAL GOVERNMENT GRANTS APPROVAL BANK CANNOT GRANT THE BENEFITS TO THE PENSIONERS.
    AS YOU ARE AWARE THAT SECTION 50 OF THE S.B.I ACT OBLIGES THE CENTRAL BOARD TO CONSULT R.B.I ONLY WITH THE PREVIOUS SANTION OF THE CENTRAL government and by notification in the official gazette can make regulations.
    k.r.saini

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    1. SIR, I AGREE IN TOTO WITH YOU THAT SBIEPFRs,2014, UNDER THE SBI ACT WERE DULY FRAMED IN CONSULTATION WITH THE RBI AND WITH THE PREVIOUS SANCTION OF THE C. G.. BUT I SPECIFICALLY WANTED TO KNOW WHERE IT IS LAID DOWN THAT REVISION OF PENSION; CONSEQUENT UPON EVERY SALARY REVISION IN TERMS OF THE RESPECTIVE BIPARTITE AGREEMENT, AMOUNTS TO AMENDMENT/MODIFICATION TO THE SBIEPFRs. ONCE THE RULES ARE FRAMED METECULIOSLY ADHERING TO THE ABOVE PROCESS AS LAID DOWN ON THE SBI ACT, THE ROLE OF THE C.G. IS OVER AND CENTRAL BOARD IN ITS E.C MEETING.HAS TO REVISE THE PENSION WITHIN THE THE FRAMEWORK OF THE SO APPROVED RULES SO THAT THE REVISION OF PENSION DOES NOT TURN TO BE A DIALATORY PROCESS. SIR, I SHALL BE GLAD TO HAVE YOUR KIND CATEGORICAL CLARIFICATION.

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  12. IN RESPONSE TO SHRI R.P GUPTA WRITE UP DATED THE 6TH OCTOBER,2015.I HAVE ALREADY MENTIONED THAT STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS WERE FRAMED UNDER SECTION 50(1) OF SBI ACT 1955.I ALSO MENTIONED THE IMPLIMENTATION OFTHESE REGULATIONS IN MY PREVIOUS WRITE UP BUT YOU ARE NOT SATISFIED WITH MY REPLY.
    HOWEVER,IN THIS CONECTION KINDLY REFER TO SECTION 50(3) OF STATE BANK OF INDIA ACT 1955 WHICH SAYS”NOTWTHSTANDING ANYTHING CONTAINED IN THIS SECTION,THE FIRST REGULATIONS SHALL BE MADE BY RESERVE BANK O F INDIA WITH THE PREVIOUS SANCTION OF THE CENTRAL GOVERNMENT AND THEREUPON SHALL BE DEEMED TO BE THE REGULATIONS MADE BY THE CENTRAL BOARD UNDER THIS SECTION AND HAVE FORCE ACCORDINGLY UNTIL TEY ARE AMENDED OR REPALED.”
    VIRTUALLY THESE REGULATIONS WERE FRAMED BY THE CENTRAL GOVERNMENT AND DEEMED TO BE REGULATIONS OF THE CENTRAL BOARD AND IN FORCE UNTIL AMENDED BY THE CENTRAL GOVERNMENT.AS SUCH ANY TYPE OF AMENDMENT IN ANY REGULATION REQUIRES THE APROVAL/SANCTION OF THE CENTRAL GOVERNMENT.
    K.R.SAINI

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    1. RP Gupta
      Oct 06, 2015 @ 17:08:57

      RESPECTED SHRI NEELKANTHJI,
      SIR, SINCE YOU SERVED AS ONE OF THE DIRECTORS IN THE CENTRAL BOARD OF THE SBI, YOU MUST BE WELL AWARE OF THE ROLE OF THE CENTRAL BOARD VIS-A-VIS THAT OF THE RBI & THE C.G. IN RESPECT OF THE REVISION OF PENSION OF THE SBI RETIREES AFTER SALARY REVISION IN TERMS OF THE RESPECTIVE BIPARTITE SETTLEMENT AND WHETHER THE AFORESAID PENSION REVISION AMOUNTS TO AMENDMENTS/MODIFICATION TO THE SBIEPFRs EVERY TIME, DESPITE THOSE ALREDY STANDS FRAMED IN THE HANDS OF THE CENTRAL BOARD OF THE BANK IN CONSULTATION WITH THE RBI AND PRIOR APPROVAL OF THE C.G.
      SIR, YOUR ADVISE IN THIS BEHALF WILL BE OF A GREAT HELP TO THE ALLCOCERNED AND WILL BE A AGUIDING FACTOR TO THE CBEC OF THE BANK..

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      1. Respected Shri. Neelkanthji,
        Please respond to Shri. RP. Gupta’s doubt.We are very eager to know the actual position in regard to revision of pension for 7th BPRs .

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  13. I ONCE AGAIN REQUEST SHRI NEELKANTHJI TO KINDLY PERUSE MY MESSAGE DATED THE 6TH OCTOBER, 2015 AND ENLIGHTEN THE ALL CONCERNED IN THAT BEHALF WITH YOUR VALUABLE/ MEANINGFUL ADVICES SO THAT THE PERSON AT THE HELM OF AFFAIRS OF THE BANK ALSO GETS THE REQUIRED MOTIVATION FROM YOU, SIR.

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