Pension issues -followup:

KRSaini.jpgAUTO REPLY Re: OUR COURT CASES LISTED AT DELHI HIGH COURT ON 27.09.2017 AT SERIAL NO 58,.59, AND 60 IN COURT NO 6 BEFORE  JUSTICE SANJIV KHANNA AND JUSTICE NAVIN CHAWLA

I UNDERSTAND THAT COURT CASES AT DELHI HIGH COURT HAVE BEEN ADJOURNED TO 23.10.2017 AND I HAVE RELEASED THIS EMAIL TODAY FOR THE INFORMATION OF S.B.I PENSIONERS AND IT MAY BE USEFUL FOR ARGUMENTS IN OUR COURT CASES AS I HAVE QUOTED EXTRACT FROM SUPREME COURT JUDGEMENT DATED 23.02.1989 W.P(C)305/1987 IMPERIAL BANK OF INDIA PENSIONERS’ ASSOCIATIONS DELHI CIRCLE & ANOTHER V/S THE CHAIRMAN S.B.I  .KINDLY GO THROUGH THIS EMAIL OF MINE AND YOU MAY CONVERT IT TO A ”POST” IF YOU SO DEEM IT FIT UNDER CONFIRMATION TO ME. IT IS AN IMPORTANT JUDGEMENT IN THE THREE COURT CASES AT DELHI HIGH COURT.

WITH BEST REGARDS.

K.R.SAINI


The post is edited

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Yoga discipline:

Image result for yoga posesYoga is neither an arcobatics nor aimed at wrestling, nor even a muscle building exercise; it is a sublime form that lays more emphasis on fitness both mentally and physically energising the whole body system cleansing the interior organs. In fact access to  the goal is more feasibly possible by driving mental faculties to the total nerves with caressing them smoothly. This elicits a better response from brain and the very crux of it through medulae oblongata, the very source of energy with the most needed warmth to the whole body system. There are hundreds of populsr asnaas practised and taught by Yoga Gurus but practically it is possible only for a small number of people but novice ones find it not feasible with the exception. There is an alternative to this.A person can do it by mixing it up with daily routine. You need to include it by adopting Yoga while taking your breakfast, lunch, dinner  How you sleep, which type of mattres you use, what are your movements and how you travel. I saw large number of people in Hongkong droppin their car in the  midway and travel the remaining distance on foot. This is most convenient an area from fitness point of view. There are various methods one can adopt as an alternative to rigorous mode easily practising by healthfully pick up such schedule that support your system.

Pension issues in SBI -latest analysis:

The readers have already been apprised of the relative developments through the predecessor posts on this blog and this one is the latest dexterously release by him. It covers many a minute intricacies in the matter with a threadbare analysis. The full contents of the subject are given below exhaustively for the benefit and advantage of the readers particulary the retiree pensioners of State Bank of India. The items are serialised item by item:

STATE BANK OF INDIA EMPLOYEES’ PENSION FUND RULES WERE FORMED W.E.F 1.07.1955 WHEN IMPERIAL BANK OF INDIA WAS NATIONALISED AND STATE BANK OF INDIA CAME IN TO EXISTING W.E.F 1.07.1955.RULE 23 RELATES TO CALCULATION OF PENSION.THIS RULE WAS IN IMPERIAL BANK OF INDIA ALSO AS RULE 20.THEN IN STATE BANK OF INDIA THIS RULE IS NOW CALLED REGULATION 23 W.E.F 18TH SETEMBER,2014 WHEN STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS -2014 WAS NOTIFIED IN THE GAZETTE OF the GOVERNMENT OFINDIA.

Image result for kr saini

REGULATION 23(1)

THE PENSION PAYABLE UNDER regulation 22(REGULATION22 STIPULATE MINIMUM SERVICE FOR PENSION IN S.B.I)SHALL BE THE AMOUNT CALCULATED AT THE RATE OF ONE-SIXTIEST PART OF EVERY YEAR’S PENSIONABLE SERVICE OF THE AVERAGE MONTHLY SUBSTANTIVE  SALARY DRAWN DURING THE LAST TWELVE MONTHS.THIS FORMULA WAS IMPLEMENTED WE.F 1.1.1986.

 WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION  CEILINGS REMAINED CONSTANHT AT RS750/ AND RS1000/,WHICH RESULTED EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR  OFFICERS STARTED DRAWING PENSION MUCH LESS THAN 50% OF THE LAST DRAWN PAY.THIS CREAT MUCH HEART -BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO BANK TO ENHANCE THE PENSION CEILING TO RS2400/ PER MONTH W.E.F 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS OF CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE(DY MD) WAS AT RS4800/PER MONTH.THE COURT HAS UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY MANAGING DIRECTOR.

                              ANOMALY OF 5TH BIPARTITE RETIREES

             ALTHOUGH PENSION HAS BEEN PAID AS PER RULE 23(1),HOWEVER,WITH A CEILING OF RS2400/ WHICH WAS HALF OF THE SALARY OFDEPUTYMANAGING DIRECTOR OF 4TH BIPARTITE SETTLEMENT WHICH ENDED ON 31.10.1987..SUBSEQUENTLY,WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI,THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEENN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/ WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY CEILING WAS NOTREVISED THOUGH PROPOSAL WAS PUT UPTO GOVERNMENT IN 1989.

                                                     COMMITTEE’S RECOMMENDATIONS FOR 5TH BIPARTITE RETIREES

      ”THE CEILING OF MAXIMUM PENSION IN SBI TO BE INCREASED FROM RS2400/ TORS3775/PER MONTH W.E.F 1.11.1987 BASED ON THE MAXIMUM BASIC PAY OF DMD WHICH WAS FIXED RS 7550/ ONTHE JOINT NOTE DATED 11.06.1989.”

                  IT HAS BEEN OBSEVED THAT COMMITTEE CONSTITUTED BY M.O.F DO NOT CARE REGARDING INTHE PAST AND DECISION OF1989 HAS NOW BEEN TAKEN IN 2017 AFTER 28 YEARS WHILE MAKING ARREARS OFPENSION TO 5TH BIPARTITE RETIREES.

 NOW QUESTION ARISES HOW MANY PENSIONERS OF 5TH BIPARTITE RETIREES SURVIVE NOW?

                                                ANOMALIES OF 6TH BIPARTITE RETIREES

                       THE NEXT WAGE REVISION MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTED FROM 1.11.1992 IN THE CASE OF AWARD STAFF AND 1.07.1993 IN THE  CASE OF OFFICERS,THE PENSION CEILING WERE REVISED TO RS4250/ PER MONTH W.E F 1.11.1993 WITHOUT TAKING INTO ACCOUNT THE ACTUAL SALARY SCALES DRAWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE(DMD) WAS RS14800/ AND BASIC PENSION SHOULD BE RS7400/ PER MONTH BUT MAXIMUM WAS FIXED AS RS4250/PER MONTH .THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION TO 28.71%.

IN FEBRUARY 1999 GOVERNMENT BROUGHT IN A CONCEPT OF 40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ PAY WITH MINIMUM OF RS4250/ PER MONTH W.E.F 1.03.1999

                                                            COMMITTEE’S RECOMMENDATIONS FOR 6TH BIPARTITE RETIREES.

      PENSION IS CALCULATED ON LAST DRWN PAY WHICH WAS REVISED IN CASE OF AWARD STAFF W.E.F 1.11.1992 AND FOR OFFICERS W.E.F 1.07.1993.

                                  ANOMALIES OF 7TH BIPARTITE RETIREES

                   PENSION HAS BEEN PAID ON THE BASIS OF 6TH BIPARTITE PAY SCALES AT 50%/40% FORMULA WITH MINIMUM OF RS4250/ FOR 50% SLAB PAY  OF RS8500/ AND ABOVE BASIC PAY OF RS8500/ AT 40%.

                                    COMMITTEE’S RECOMMENDATIONS FOR 7TH BIPARTITE RETIREES.

             THE MAXIMUM AMOUNT OF PENSION FOR PAY RS14240/ PER MONTH SHALL BE COMPUTED AT 50% OF PAY AND IF   THE PAY IS ABOVE RS14240/ PER MONTH BE COMPUTED AT 40% OF PAY W.E.F 1.11.1997 FOR AWARD STAFF AND W.E.F 1.04.1998 FOR OFFICERS .PENSION FOR THE PERIOD 1.11.1997/1.04.1998 TO 30.04.2005 BE MADE BY ARRIVING AT THE CORRESPONDING STAGE BY DIVIDING BY 1684 AND MULTIPLYING BY 1616 SUBJECT TO MINIMUM OF RS6883/ FOR 40% SLAB(-HALF OF 14240 MULTIPLYING BY 1616 AND DIVIDING BY 1684.) AND THEREAFTER AS COMPUTED SUBJECT TO MINIMUM OF RS7120/ W.E.F 1.05.2005.MAXIMUM PAY OF DMD WAS RS 23700/INCASE OF 7TH BIPARTITE SETTLEMENT AND BASIC PENSION SHOULD BE 50% OF RS23700/ AS RS11850/.

                            ANOMALY OF 8TH BIPARTITE RETIREES

           THE SHIFTING OF EFFECTIVE DATE FROM 1.05.2005 TO 1.11.2002 FOR CUT OF POINT OF RS21040// NOT ACCEPTABLE TO COMMITTEE CONSTITUTED BY M.O.F.

IT MAY BE THAT COMMITTEE PROTECTED THE VESTED INTRESTS OF OTHER NATIONALISED BANKS ,BECAUSE IN THEIR CASE ALSO PENSION WAS REVISED FROM 1.05.2005 FOR 8TH BIPARTITE RETREES NOT FROM 1.11.2002..

    LEGAL POINTS

1 WHEN THEN DEPUTY MANAGING DIRECTOR AND CDO SHRI ASHWINI MEHERA ON 14.12.2015 ADVISED BY EMAIL TO SHRI UPADHYAYA JI ”THE PENSION REGULATIONS IN STATE BANK OF INDIA ARE DIFFERENT FROM PENSION FUND REGULATIONS  OF OTHER NATIONALISED BANKS”   THEN WHY GOVERNMENT/BANK ARE IMPOSING PENSION REGULATIONS OF OTHER BANKS TO S.B.I RETIREES PARTICULARILY CLAUSE 16 OF7TH BIPARTITE SETTLEMENT IMPOSED ON S.B.I PENSIONERS;RETIREES

2  PENSION IS GOVERNED BY RULES/REGULATIONS  AND AN EMPLOYEE COMING WITHIN THOSE RULES/REGULATIONS IS ENTITLED TO CLAIM RIGHTFUL AND LEGIMATE PENSION.HOWEVER,THE COMMITTEE’S REPORT HASNOT MENTIONED THE RULES/REGULATIONS INTHEIR REPORT AND GOVERNMENT HAS ALSONOT MENTIONED THE RULES AND REGULATIONS IN THEIR ORDER.THIS SHOWS THAT GOVERNMENT SHOWS THE VESTED INTERESTSOF OTHER NATIONALISED BANKS.

 .

3 VIOLATION OF ARTICLE 14 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTIONOF INDIA BYCREATING 50%/40% FORMULA FORPAYMENT OF PENSION TOS.B.I RETIREES.4 WHEN HON’BLE SUPREME COURT DECIDED ON 23.02.1989 IN THE W.P(C)305/1987 THAT PENSION SHOULD BE PAID AT 50% OF LAST 12 MONTHS AVERAGE’PAY’ THEN WHY 50%/40% FORMULA TOS.B.I PENSIONERS/RETIREES

 4 WHENI.B.A HAD ALSON ADVISED THE BANK IN2000 THAT PENSION REGULATIONSOF OTHER BANKS ARE NOT APPLICABLE TO S.B.I RETIREES THEN WHY 50%40% FORMULA FOR S.B.I RETIREES.

5OUR W.P(C)1875/2013 W.P(C)1931/2002 PREM VATIBAGGA &BOTHERS V/S UOI &OTHERS HAVEPRAYED 50% AS PENSION ANDQUASHINGTHE RULE23(2) FOR 40%SLAB TEN WHY GOVERNMENT /BANK HAVEDECIDED TO IMPLEMENT50%/40% FORMULA BYMAKING PEREDENCE FROM 1.03.199 TO31.10.2017(FROM 6TH TO 10THBIPARTITE RETIREES) AND ALSO WANTS TO THIS FORMULA OF50%/40%INFUTUREALSO I.E FROM 11TH BIPARTITE AND SOON

REGULATION 23(1)

THE PENSION PAYABLE UNDER regulation 22(REGULATION22 STIPULATE MINIMUM SERVICE FOR PENSION IN S.B.I)SHALL BE THE AMOUNT CALCULATED AT THE RATE OF ONE-SIXTIEST PART OF EVERY YEAR’S PENSIONABLE SERVICE OF THE AVERAGE MONTHLY SUBSTANTIVE  SALARY DRAWN DURING THE LAST TWELVE MONTHS.THIS FORMULA WAS IMPLEMENTED WE.F 1.1.1986.

       WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION  CEILINGS REMAINED CONSTANHT AT RS750/ AND RS1000/,WHICH RESULTED EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR  OFFICERS STARTED DRAWING PENSION MUCH LESS THAN 50% OF THE LAST DRAWN PAY.THIS CREAT MUCH HEART -BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO BANK TO ENHANCE THE PENSION CEILING TO RS2400/ PER MONTH W.E.F 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS OF CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE(DY MD) WAS AT RS4800/PER MONTH.THE COURT HAS UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY MANAGING DIRECTOR.

                              ANOMALY OF 5TH BIPARTITE RETIREES

             ALTHOUGH PENSION HAS BEEN PAID AS PER RULE 23(1),HOWEVER,WITH A CEILING OF RS2400/ WHICH WAS HALF OF THE SALARY OFDEPUTYMANAGING DIRECTOR OF 4TH BIPARTITE SETTLEMENT WHICH ENDED ON 31.10.1987..SUBSEQUENTLY,WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI,THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEENN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/ WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY CEILING WAS NOTREVISED THOUGH PROPOSAL WAS PUT UPTO GOVERNMENT IN 1989.

                                                     COMMITTEE’S RECOMMENDATIONS FOR 5TH BIPARTITE RETIREES

      ”THE CEILING OF MAXIMUM PENSION IN SBI TO BE INCREASED FROM RS2400/ TORS3775/PER MONTH W.E.F 1.11.1987 BASED ON THE MAXIMUM BASIC PAY OF DMD WHICH WAS FIXED RS 7550/ ONTHE JOINT NOTE DATED 11.06.1989.”

                  IT HAS BEEN OBSEVED THAT COMMITTEE CONSTITUTED BY M.O.F DO NOT CARE REGARDING INTHE PAST AND DECISION OF1989 HAS NOW BEEN TAKEN IN 2017 AFTER 28 YEARS WHILE MAKING ARREARS OFPENSION TO 5TH BIPARTITE RETIREES.

 NOW QUESTION ARISES HOW MANY PENSIONERS OF 5TH BIPARTITE RETIREES SURVIVE NOW?

                                                ANOMALIES OF 6TH BIPARTITE RETIREES

                       THE NEXT WAGE REVISION MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTED FROM 1.11.1992 IN THE CASE OF AWARD STAFF AND 1.07.1993 IN THE  CASE OF OFFICERS,THE PENSION CEILING WERE REVISED TO RS4250/ PER MONTH W.E F 1.11.1993 WITHOUT TAKING INTO ACCOUNT THE ACTUAL SALARY SCALES DRAWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE(DMD) WAS RS14800/ AND BASIC PENSION SHOULD BE RS7400/ PER MONTH BUT MAXIMUM WAS FIXED AS RS4250/PER MONTH .THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION TO 28.71%.

IN FEBRUARY 1999 GOVERNMENT BROUGHT IN A CONCEPT OF 40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ PAY WITH MINIMUM OF RS4250/ PER MONTH W.E.F 1.03.1999

                                                            COMMITTEE’S RECOMMENDATIONS FOR 6TH BIPARTITE RETIREES.

      PENSION IS CALCULATED ON LAST DRWN PAY WHICH WAS REVISED IN CASE OF AWARD STAFF W.E.F 1.11.1992 AND FOR OFFICERS W.E.F 1.07.1993.

                                  ANOMALIES OF 7TH BIPARTITE RETIREES

                   PENSION HAS BEEN PAID ON THE BASIS OF 6TH BIPARTITE PAY SCALES AT 50%/40% FORMULA WITH MINIMUM OF RS4250/ FOR 50% SLAB PAY  OF RS8500/ AND ABOVE BASIC PAY OF RS8500/ AT 40%.

                                    COMMITTEE’S RECOMMENDATIONS FOR 7TH BIPARTITE RETIREES.

             THE MAXIMUM AMOUNT OF PENSION FOR PAY RS14240/ PER MONTH SHALL BE COMPUTED AT 50% OF PAY AND IF   THE PAY IS ABOVE RS14240/ PER MONTH BE COMPUTED AT 40% OF PAY W.E.F 1.11.1997 FOR AWARD STAFF AND W.E.F 1.04.1998 FOR OFFICERS .PENSION FOR THE PERIOD 1.11.1997/1.04.1998 TO 30.04.2005 BE MADE BY ARRIVING AT THE CORRESPONDING STAGE BY DIVIDING BY 1684 AND MULTIPLYING BY 1616 SUBJECT TO MINIMUM OF RS6883/ FOR 40% SLAB(-HALF OF 14240 MULTIPLYING BY 1616 AND DIVIDING BY 1684.) AND THEREAFTER AS COMPUTED SUBJECT TO MINIMUM OF RS7120/ W.E.F 1.05.2005.MAXIMUM PAY OF DMD WAS RS 23700/INCASE OF 7TH BIPARTITE SETTLEMENT AND BASIC PENSION SHOULD BE 50% OF RS23700/ AS RS11850/.

                            ANOMALY OF 8TH BIPARTITE RETIREES

           THE SHIFTING OF EFFECTIVE DATE FROM 1.05.2005 TO 1.11.2002 FOR CUT OF POINT OF RS21040// NOT ACCEPTABLE TO COMMITTEE CONSTITUTED BY M.O.F.

IT MAY BE THAT COMMITTEE PROTECTED THE VESTED INTRESTS OF OTHER NATIONALISED BANKS ,BECAUSE IN THEIR CASE ALSO PENSION WAS REVISED FROM 1.05.2005 FOR 8TH BIPARTITE RETREES NOT FROM 1.11.2002..

    LEGAL POINTS

1 WHEN THEN DEPUTY MANAGING DIRECTOR AND CDO SHRI ASHWINI MEHERA ON 14.12.2015 ADVISED BY EMAIL TO SHRI UPADHYAYA JI ”THE PENSION REGULATIONS IN STATE BANK OF INDIA ARE DIFFERENT FROM PENSION FUND REGULATIONS  OF OTHER NATIONALISED BANKS”   THEN WHY GOVERNMENT/BANK ARE IMPOSING PENSION REGULATIONS OF OTHER BANKS TO S.B.I RETIREES PARTICULARILY CLAUSE 16 OF7TH BIPARTITE SETTLEMENT IMPOSED ON S.B.I PENSIONERS;RETIREES

2  PENSION IS GOVERNED BY RULES/REGULATIONS  AND AN EMPLOYEE COMING WITHIN THOSE RULES/REGULATIONS IS ENTITLED TO CLAIM RIGHTFUL AND LEGIMATE PENSION.HOWEVER,THE COMMITTEE’S REPORT HASNOT MENTIONED THE RULES/REGULATIONS INTHEIR REPORT AND GOVERNMENT HAS ALSONOT MENTIONED THE RULES AND REGULATIONS IN THEIR ORDER.THIS SHOWS THAT GOVERNMENT SHOWS THE VESTED INTERESTSOF OTHER NATIONALISED BANKS.

 .

3VIOLATION OF ARTICLE 14 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTIONOF INDIA BYCREATING 50%/40% FORMULA FORPAYMENT OF PENSION TOS.B.I RETIREES.4 WHEN HON’BLE SUPREME COURT DECIDED ON 23.02.1989 IN THE W.P(C)305/1987 THAT PENSION SHOULD BE PAID AT 50% OF LAST 12 MONTHS AVERAGE’PAY’ THEN WHY 50%/40% FORMULA TOS.B.I PENSIONERS/RETIREES

 4 WHENI.B.A HAD ALSON ADVISED THE BANK IN2000 THAT PENSION REGULATIONSOF OTHER BANKS ARE NOT APPLICABLE TO S.B.I RETIREES THEN WHY 50%40% FORMULA FOR S.B.I RETIREES.

5OUR W.P(C)1875/2013 W.P(C)1931/2002 PREM VATIBAGGA &BOTHERS V/S UOI &OTHERS HAVEPRAYED 50% AS PENSION ANDQUASHINGTHE RULE23(2) FOR 40%SLAB TEN WHY GOVERNMENT /BANK HAVEDECIDED TO IMPLEMENT50%/40% FORMULA BYMAKING PEREDENCE FROM 1.03.199 TO31.10.2017(FROM 6TH TO 10THBIPARTITE RETIREES) AND ALSO WANTS TO THIS FORMULA OF50%/40%INFUTUREALSO I.E FROM 11TH BIPARTITE AND SOON.

REGULATION 23(1)

THE PENSION PAYABLE UNDER regulation 22(REGULATION22 STIPULATE MINIMUM SERVICE FOR PENSION IN S.B.I)SHALL BE THE AMOUNT CALCULATED AT THE RATE OF ONE-SIXTIEST PART OF EVERY YEAR’S PENSIONABLE SERVICE OF THE AVERAGE MONTHLY SUBSTANTIVE  SALARY DRAWN DURING THE LAST TWELVE MONTHS.THIS FORMULA WAS IMPLEMENTED WE.F 1.1.1986.

       WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION  CEILINGS REMAINED CONSTANHT AT RS750/ AND RS1000/,WHICH RESULTED EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR  OFFICERS STARTED DRAWING PENSION MUCH LESS THAN 50% OF THE LAST DRAWN PAY.THIS CREAT MUCH HEART -BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO BANK TO ENHANCE THE PENSION CEILING TO RS2400/ PER MONTH W.E.F 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS OF CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE(DY MD) WAS AT RS4800/PER MONTH.THE COURT HAS UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY MANAGING DIRECTOR.

                              ANOMALY OF 5TH BIPARTITE RETIREES

             ALTHOUGH PENSION HAS BEEN PAID AS PER RULE 23(1),HOWEVER,WITH A CEILING OF RS2400/ WHICH WAS HALF OF THE SALARY OFDEPUTYMANAGING DIRECTOR OF 4TH BIPARTITE SETTLEMENT WHICH ENDED ON 31.10.1987..SUBSEQUENTLY,WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI,THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEENN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/ WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY CEILING WAS NOTREVISED THOUGH PROPOSAL WAS PUT UPTO GOVERNMENT IN 1989.

                                                     COMMITTEE’S RECOMMENDATIONS FOR 5TH BIPARTITE RETIREES

      ”THE CEILING OF MAXIMUM PENSION IN SBI TO BE INCREASED FROM RS2400/ TORS3775/PER MONTH W.E.F 1.11.1987 BASED ON THE MAXIMUM BASIC PAY OF DMD WHICH WAS FIXED RS 7550/ ONTHE JOINT NOTE DATED 11.06.1989.”

                  IT HAS BEEN OBSEVED THAT COMMITTEE CONSTITUTED BY M.O.F DO NOT CARE REGARDING INTHE PAST AND DECISION OF1989 HAS NOW BEEN TAKEN IN 2017 AFTER 28 YEARS WHILE MAKING ARREARS OFPENSION TO 5TH BIPARTITE RETIREES.

 NOW QUESTION ARISES HOW MANY PENSIONERS OF 5TH BIPARTITE RETIREES SURVIVE NOW?

                                                ANOMALIES OF 6TH BIPARTITE RETIREES

                       THE NEXT WAGE REVISION MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTED FROM 1.11.1992 IN THE CASE OF AWARD STAFF AND 1.07.1993 IN THE  CASE OF OFFICERS,THE PENSION CEILING WERE REVISED TO RS4250/ PER MONTH W.E F 1.11.1993 WITHOUT TAKING INTO ACCOUNT THE ACTUAL SALARY SCALES DRAWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE(DMD) WAS RS14800/ AND BASIC PENSION SHOULD BE RS7400/ PER MONTH BUT MAXIMUM WAS FIXED AS RS4250/PER MONTH .THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION TO 28.71%.

IN FEBRUARY 1999 GOVERNMENT BROUGHT IN A CONCEPT OF 40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ PAY WITH MINIMUM OF RS4250/ PER MONTH W.E.F 1.03.1999

                                                            COMMITTEE’S RECOMMENDATIONS FOR 6TH BIPARTITE RETIREES.

      PENSION IS CALCULATED ON LAST DRWN PAY WHICH WAS REVISED IN CASE OF AWARD STAFF W.E.F 1.11.1992 AND FOR OFFICERS W.E.F 1.07.1993.

                                  ANOMALIES OF 7TH BIPARTITE RETIREES

                   PENSION HAS BEEN PAID ON THE BASIS OF 6TH BIPARTITE PAY SCALES AT 50%/40% FORMULA WITH MINIMUM OF RS4250/ FOR 50% SLAB PAY  OF RS8500/ AND ABOVE BASIC PAY OF RS8500/ AT 40%.

                                    COMMITTEE’S RECOMMENDATIONS FOR 7TH BIPARTITE RETIREES.

             THE MAXIMUM AMOUNT OF PENSION FOR PAY RS14240/ PER MONTH SHALL BE COMPUTED AT 50% OF PAY AND IF   THE PAY IS ABOVE RS14240/ PER MONTH BE COMPUTED AT 40% OF PAY W.E.F 1.11.1997 FOR AWARD STAFF AND W.E.F 1.04.1998 FOR OFFICERS .PENSION FOR THE PERIOD 1.11.1997/1.04.1998 TO 30.04.2005 BE MADE BY ARRIVING AT THE CORRESPONDING STAGE BY DIVIDING BY 1684 AND MULTIPLYING BY 1616 SUBJECT TO MINIMUM OF RS6883/ FOR 40% SLAB(-HALF OF 14240 MULTIPLYING BY 1616 AND DIVIDING BY 1684.) AND THEREAFTER AS COMPUTED SUBJECT TO MINIMUM OF RS7120/ W.E.F 1.05.2005.MAXIMUM PAY OF DMD WAS RS 23700/INCASE OF 7TH BIPARTITE SETTLEMENT AND BASIC PENSION SHOULD BE 50% OF RS23700/ AS RS11850/.

                            ANOMALY OF 8TH BIPARTITE RETIREES

           THE SHIFTING OF EFFECTIVE DATE FROM 1.05.2005 TO 1.11.2002 FOR CUT OF POINT OF RS21040// NOT ACCEPTABLE TO COMMITTEE CONSTITUTED BY M.O.F.

IT MAY BE THAT COMMITTEE PROTECTED THE VESTED INTRESTS OF OTHER NATIONALISED BANKS ,BECAUSE IN THEIR CASE ALSO PENSION WAS REVISED FROM 1.05.2005 FOR 8TH BIPARTITE RETREES NOT FROM 1.11.2002..

    LEGAL POINTS

1 WHEN THEN DEPUTY MANAGING DIRECTOR AND CDO SHRI ASHWINI MEHERA ON 14.12.2015 ADVISED BY EMAIL TO SHRI UPADHYAYA JI ”THE PENSION REGULATIONS IN STATE BANK OF INDIA ARE DIFFERENT FROM PENSION FUND REGULATIONS  OF OTHER NATIONALISED BANKS”   THEN WHY GOVERNMENT/BANK ARE IMPOSING PENSION REGULATIONS OF OTHER BANKS TO S.B.I RETIREES PARTICULARILY CLAUSE 16 OF7TH BIPARTITE SETTLEMENT IMPOSED ON S.B.I PENSIONERS;RETIREES

2  PENSION IS GOVERNED BY RULES/REGULATIONS  AND AN EMPLOYEE COMING WITHIN THOSE RULES/REGULATIONS IS ENTITLED TO CLAIM RIGHTFUL AND LEGIMATE PENSION.HOWEVER,THE COMMITTEE’S REPORT HASNOT MENTIONED THE RULES/REGULATIONS INTHEIR REPORT AND GOVERNMENT HAS ALSONOT MENTIONED THE RULES AND REGULATIONS IN THEIR ORDER.THIS SHOWS THAT GOVERNMENT SHOWS THE VESTED INTERESTSOF OTHER NATIONALISED BANKS.

 .

3VIOLATION OF ARTICLE 14 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTIONOF INDIA BYCREATING 50%/40% FORMULA FORPAYMENT OF PENSION TOS.B.I RETIREES.4 WHEN HON’BLE SUPREME COURT DECIDED ON 23.02.1989 IN THE W.P(C)305/1987 THAT PENSION SHOULD BE PAID AT 50% OF LAST 12 MONTHS AVERAGE’PAY’ THEN WHY 50%/40% FORMULA TOS.B.I PENSIONERS/RETIREES

 4 WHENI.B.A HAD ALSON ADVISED THE BANK IN2000 THAT PENSION REGULATIONSOF OTHER BANKS ARE NOT APPLICABLE TO S.B.I RETIREES THEN WHY 50%40% FORMULA FOR S.B.I RETIREES.

5OUR W.P(C)1875/2013 W.P(C)1931/2002 PREM VATIBAGGA &BOTHERS V/S UOI &OTHERS HAVEPRAYED 50% AS PENSION ANDQUASHINGTHE RULE23(2) FOR 40%SLAB TEN WHY GOVERNMENT /BANK HAVEDECIDED TO IMPLEMENT50%/40% FORMULA BYMAKING PEREDENCE FROM 1.03.199 TO31.10.2017(FROM 6TH TO 10THBIPARTITE RETIREES) AND ALSO WANTS TO THIS FORMULA OF50%/40%INFUTUREALSO I.E FROM 11TH BIPARTITE AND SOON.

K.R. SAINI

Dating in romance?

Image result for datingIt dates back to ancient times and the culture on this front has already blossomed to pinacle after Adam and Eve arrived on earth or say, as quoted by Jaishankar Prasad in his Kamayani, Manu and Shraddha.That day onwards the phenomenon has travelled in much larger a measure and the current generation of humanity is fondly enjoying it cosily and with much greater an enthusiasm and anxiety.No body can evisage as to what shape it would acquire in days to come. Rahul Sankrityayan describes in his masterpiece Volga to Ganga an instance narrating that an young man requisitioning sex to a woman who responds “…Look, only yesterday I had it with another man and have agreed for today also to sleep with some body else. You can take the chance after a few days from now”. With media so active on this front, today that sort of modus operandi so much in vogue, there is nothing left to be resorted to in relation to romance and sex. The moment you open your laptop, you get face to face to a  mammoth crowd of aspirants seeking love and sex and your email is flooded with such naked and nude propositions and one cannot afford even a sort out at the cost of your otherwise the genuine mails warranting your attention to the work related issues. If the scenario in the offing improves further, it is a sheer abuse of the culture likely to hamper India’s cultural heritage.

The wild too could be a family friend:

Image result for pet tigerThe ferocious  most wild cat well known for its valour to shake the whole forest is not just terrific roars causing a jolt all around is the one  who can be taken into confidence and turn to a tamed one with a family atmosphere. Love is something that can make it possible. Man has to learn many a lessons like this.

Pension issues in SBI -Relative rules and their regulations:

  • KRSaini.jpgEmerge as they do from the 90% Ad-Hoc arrears released by the State Bank of India to its retiree pensioners which is still in the process, the sequence of events in relation to this stands multiplied resulting into one complication or the other. KR Saini, the veteran in such matters, has already released several clarifications in the matter and the series continues. He has addressed two of his interpretations preceded by similar ones by PPR Upadhyaya most justifiably commenting on the anomalies ably and nicely. The retiree pensioners are still at a fix watching the development with suspense and doubts. KR Saini’s writeups numbering two are to be reproduced -the first one is appended right now with the the other one to follow later for the perusal of the readers who are supposed to take the contents in the right earnest:

”STATE BANK OF INDIA EMPLOYEES PENSION FUND  RULES 1955 NOW STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS 2014–ANOMALIES IN PENSION OF 5TH,6TH,7TH AND 8TH BIPARTITE RETIREES—COMMITTEE ON PENSION MATTER OF STATE BANK OF INDIA–ITS REPORT AND RECOMMENDATIONS.”

5TH BIPARTITE FROM 1.11.1987 TO 31.10.1992.

AS YOU ARE AWARE THAT THE CENTRAL GOVERNMENT TO APPROVE THE RECOMMENDATIONS OF THE COMMITTEE CONSTITUTED BY M.O.F TO REVISE THE PENSION OF 5TH BIPARTITE OF S.BI.IN TERMS OF THE APPROVAL RECEIVE,THE 5TH BIPARTITE RETIREES WOULD BE GETTING 50% OF LAST 12 MONTHS AVERAGE PAY MAXIMUM RS3775/ PER MONTH .IN THEIR CEILING OF PENSION INCREASED FROM 2400 / TO RS 3775/ PER MONTH I.E 50% OF THE PAY OF THEN  DEPUTY MANAGING DIRCTOR.

6TH BIPARTITE  FROM 1.11.1992 TO 31.10.1997.

HOWEVER,IN  THE CASE OF RETIREES OF 6TH BIPARTITE THEY ARE PAID PENSION AT 50% UPTO THE PAY OF RS8500/ W.E.F 1.03 .1999(WHICH IS ONLY A NOTIONAL AMOUNT,AS THERE IS NO BASIC PAY OF RS8500/IN THE 6TH BIPARTITE PAY SCALES).THE MAXIMUM PAY OF JMGS AS PER 6TH BIPARTITE IS RS9200/ AND NOT RS8500/.ABOVE THE PAY OF RS8500/ THE PENSION WOULD BE PAID AT 40% OF THE DRAWN AVERAGE 12 MONTHS PAY.THUS RESTRICT THE MAXIMUM BASIC PENSION OF RS5920/.IN THIS CONNECTION KINDLY GO THROUGH THE ORDER OF DELHI HIGH COURT DATED 9.02.2016 IN W.P(C)1875/2013.

HOWEVER,THE PAY OF THEN DEPUTY  MANAGING DIRECTORWAS RS14800/ AND 50% OF IT COMES RS7400/ AS PENSION OF 6TH BIPARTITE RETIREES.THEY ARE BEING PAID AN ARBITRARY AND ADHOC PENSION WHICH IS SANS ANY LOGIC.THUS INJUSTICE HAS BEEN BDONE TO 6TH BIPARTITE RETIREES.

7TH BIPARTITE FROM 1.11.1997 TO 31.10.2002.

IN THEIR CASE THE PAY OF DEPUTY MANGING DIRECTOR WAS 23700/ AND 50% OF IT COMES RS11850/ HOWEVER THEY WOULD GET MAXIMUM  BASIC PENSION OF RS9480/AT 40 % OF RS23700/.

NOW I WILL WRITE HOW INJUSTICE HAS BEEN DONE TO 7TH AND 8TH BIPARTITE RETIREES OF S.B.I .

THIS WILL BE SHOWN IN THE FOLLOWING DISCUSSION AT THE TIME OF 8TH BIPARTITE SETTLEMENT.

RECORD NOTE OF DISCUSSIONS HELD ON VARIOUS DATES BETWEEN INDIAN BANKS’ ASSOCIATION REPRESENTING MEMBER BANKS AND AUTHORISED REPSENTATIVES OF WORKMEN UNIONS AND OFFICERS’ ASSOCIATIONS  IN THE MATTER OF PENSION..

PAY FOR PENSION

IN RESPECT OF AN EMPLOYEE RETIRING ON OR AFTER 1.05.2005”AVERAGE EMOLUMENTS” AS DEFINED FOR THE PURPOSE OF PENSION BE CALCULATED RECKONING PAY LAST DRAWN DURING THE LAST TEN MONTHS OF THE EMPLOLYEES’ SERVICE IN BANK.

Please note this discussion  IS for other nationalised bank s and has affect on s.b.i pensioners of 8th bipartite retirees and committee did not accept the date of shifting for 8th bipartite retirees FROM 1.05.2005 TO 1.11.2002.

similarly FOR 7TH BIPARTITE RETIREES ,SINCE THIS IS AN IMPROVEMENT OVER THE EXISTING PROVISIONS,IN VIEW OF THE LEGAL DECISIONS OBTAING IN THEMATTER,THE PENSION OF RETIREES OF THE PERIOD 1.04.1998 TO30.04.2005 IS TO BE RE-FIXED WITH EFFECT FROM 1.05.2005 RECKONING ACTUAL ‘PAY’ DRAWN BY THEM PRIOR TO RETIREMENTI.E DURING THE LAST TEN MONTHS SERVICE IN THE BANK .

NOW A QUESTION ARISES THAT WHEN BANK HAS ADVISED TO SHRI UPADHYAYA JI THAT REGULATIONS OF OTHER BANKS IS DIFFERENT FROM REGULATIONS OF S.B.I ON PENSION AND I.B.A ALSO OBTAINED LEGAL OPINION IN THIS REGARD AND ADVISED THE S.B.I ACCORDINGLY IN 2000 THEN WHY GOVERNMENT OF INDIA AND BANK ARE GOING TO IMPLEMENT THE RECOMMENDATIONS OF THE COMMITTEE WHICH HAS NOT EVEN MENTIONED ”THE STATE BANK OF INDIA REGULATIONS 2014” ON PENSION IN ITS REPORT AND EMPLOYEES OF STATE BANK OF INDIA ARE GOVERNED BY STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS 2014.

K.R.SAINI

Date Tempo Attempo?

images-15_thumb.jpgMany a readers queried as to what is meant by DATE TEMPO ATTEMPO, the emblem for both AVENUES and ETERNITY blogs. This was the slogan raised and used by the great German revolutionary Gairybaldi that means ‘GIVE TIME TO TIME’ meaning thereby that one has to understand and realise the value of time and follow the same meticulously as it is immanently pertinent a factor in one’s life. There is a small story. When he met his Image result for garybaldifirst lady love in some remote forest he greeted her with the words “TU DEVIZHAR MIA” (sic) that in turn means ‘you are supposed to be mine’ with the advice of DATE TEMPO ATTEMPO he gave her. Later they became life partners and they pursued the campaign jointly then onwards. Time is a great phenomenon to be adhered to with honesty and discipline, time is immortal as against any thing else in the universal cycle. This is a factor that never grants any excuses in whatsoever circumstances.