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On Pension issues -KR Saini’s release:

KRSaini.jpgThis one is a latest release by KR Saini on the plight of pension issues confronted with some hurdle or the other and the gap is turned to several decades on an outcome. It is shared with readers so that they could be in the know of the developments.

W.P(C)1875/2013 S.B.I PENSIONERS FEDERATION &OTHERS V/S UNION OF INDIA &OTHERS.AT DELHI HIGH COURT

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Keshav Saini

10:24 PM (11 hours ago)

to SBIantonyChandrasekharanAtamDhanabalanbabu2609SBI.Penchoprabmk1945govinds65GopalShripadhganaiyer46HarbhajanSJayakrishnanjpdattaJaspalSudhirKanayalalLakshmananLAXMANmurthymenroygkmeneelrameshl

                                   A MATTER OF JUSTICE

              S.BI PENSIONERS RESENT UNFAIR DEAL

THERE IS SOMETHING WRONG WITH THE EXISTING POLICY ON BANK PENSION.THE FEDERATION OF S.B.I PENSIONERS’ HAS BEEN RUNNING FROM PILLAR TO POST FOR 30 YEARS FOR JUSTICE.

                                                          PENSION

STATE BANK OF INDIA WHICH CAME INTO BEING ON THE IST JULY 1955 BY TAKING OVER AS SUCCESSORRS TO ONE OF THE MOST COMMERCIAL BANK THE IMPERIAL BANK OF INDIA. THE IMPERIAL BANK OF INDIA PENSION AND GUARANTEE FUND WAS ESTABLISHED.ALSO STATE BANK OF INDIA EMPLOYEES’ PENSION FUND RUlES WERE INTRODUCED W.E.F 1.07.1955.THE RULES REMAINED ALMOST STATIC UPTO 1986 MAY BE SUMMED UP AS FOLLOWS—

MAXIMUM PENSION RS750/ RELAXABLE UPTO RS1000/ FOR SENIOR OFFICERS AT THE DISCRRETION OF THE TRUSTEES OF THE PENSION FUND.

                                      W.P(C)1875/2013

     HOW OUR PENSION IS PROTECTED LEGALLY AT THE RATE OF 50% OF THE LAST 12 MONTHS AVERAGE PAY OF PENSIONABLE SERVICE.

         THE ABOVE NOTED COURT CASE AT DELHI HIGH COURT HAS BEEN CATEGORISED BY DELHI HIGH COURT AS UNDER———-

     SUBJECT  1–OTHER SERVICE MATTERS(OTHER THAN ARMED FORCES).

  SUBJECT 2———CONSTITUTIONAL VALDITY.

NOW I WILL WRITE ON THE ABOVE TWO SUBJECTS.

                                                SERVICE CONDITIONS

      1 STATE BANK OF INDIA ACT 1955.

  2THE HON’BLE SUPREME COURT BY JUDGEMENT DATED 23.02.1989.

               STATE BANK OF INDIA ACT 1955      —– CHAPTER III

SECTION 7  ”TRANSFER OF SERVICE OF EXISTING OFFICERS AND EMPLOYEES OF IMPERIAL BANK OF INDIA TO STATE BANK OF INDIA.ANY PERSON WHO ON APPOINTED DAY I.E 1.07.1955,IS ENTITLED OR IN RECEIPT OF A PENSION OR OTHER SUPERANNUATION OR COMPASSIONATE ALLOWANCE OR BENEFIT FROM IMPERIAL OF INDIA OR ANY PROVIDENT,PENSION OR OTHER FUND OR ANY AUTHORITY ADMINISTERING SUCH FUND THE SAME PENSION,ALLOWANCE OR BENEFIT WAS GRANTED AND IF ANY QUESTION ARISES WHETHER HE HAS OBSERVED SUCH CONDITIONS,THE QUESTION SHALL BE DETERMINED GOVERNMENT AND THE DECISION OF THE CENTRAL GOVERNMENT THEREON SHALL BE FINAL”

         RULE FIXING PENSION AT THE TIME OF FORMATION OF STATE BBANK OF INDIA W.E.F 1.07.1955.

IN IMPERIAL BANK OF INDIA PENSION WAS CALCULATED EVERY YEAR’S SERVICE M0ONTHLY SUBSTANTIVE SALARY DURING THE LAST 5YEARS AND IN STATE BANK RULES PENSION WAS CALCULATED ON THE BASIS OF 3 YEARS  AVERAGE PAY.AS THE FIXATION OF MAXIMUM PENSION IS CONCERNED,THE CEILING WAS RS 750/RELAXABLE UPTO RS1000/

   IN VIEW OF THE FOREGOING OUR PENSION IS WELL PROTECTED AT THE RATE OF 50% OF SALARY AT THE TIME OF RETIREMENT UNDER STATE BANK OF INDIA ACT 1955.THIS FORMULA OF CALCULATION OF PENSION IS ALSO STILL EXIST IN STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS 2014 AS REGULATION NO 23.IN THIS CONNECTION ALSO REFER TO DELHI HIGH COURT ORDER 9.02.2016 IN W.P(C)1875/2013 THIS FORMULA WAS MENTIONED AND ON 10.02.2016 A COMMITTEE WAS CONSTITUTED BY M.O.F.

                                            SERVICE CODITION WAS CHANGED DUE TO SUPREME COURT JUDGEMENT DATED 23.02.1989.

      SUPREME COURT OBSERVED”PENSION IS A RIGHT AND NOT A BOUNTY.ITWOULD THEREFORE NOT BE PROPER TO LEAVE THE QUANTUM OF PENSION IN EACH CASE.TO DO SO WOULD BE LEAVE THE EMPLOYEES AT THE MERCY OF TRUSTEES WHO WOULD NATURALLY EXCERCISE THE DISCRETION IN ANY MANNER THE LIKE IN THE ABSENCE 0F

GUIDELINES.”

        SUPREME COURT LAID DOWN AS PER 4TH PAY COMMISSION WITH SINGLE CEILING OF RS2400/ W.E.F 1.1.1986AS PENSION  IN STATE BANK OF INDIA AGAINST THE BACKGROUND OF MAXIMUM MONTHLY SALARY OF RS4800/ OF DEPUTY MANAGING DIRECTOR IN STATE BANK OF INDIA AT THAT TIME.THE PROVISION IS MORE OR LESS IDENTICAL VIZ 50% OF AVERAGE SUBSTANTIVE SALARY NOT EXCEEDING RS4500/ PER MONTH FOR CENTRAL GOVERNMENT EMPLOYEES(VIDE CHAPTER V,PART II OF 4TH PAYCOMMISSION REPORTW.E.F .1.1986)AND UNIFORM PENSION RULE AT50% ON THE AVERAGE OF LAST 12 MONTHS’ PAY FOR I.B.I AND SBI EMPLOYEES NOT 5YEARS FOR I.B.I AND 3YEARS FOR S.B.I EMPLOYEES.DURING THE HEARING OF SUPREME COURT S.B.I PROPOSE MAXIMUM PENSION FOR AWARD STAFF RS1300/ AND RS2400 FOR OFFICERS  IN 1988 BUT SUPREME COURT GAVE VERDICT 50% MAXIMUM RS2400/ FOR ALL THE EMPLOYEES  I.E OFFICERS AND AWARD STAFF.YOU WILL BE SURPRISED TO  NOTE THAT W.E.F 1.1.1996 THE CENTRALPAY COMMISSION V REMOVED THE CEILING OF PENSION FOR CENTRAL GOVERNMENT EMPLOYEES’ AND PENSION @ 50 % OF THE LAST 10MONTHS AVERAGE PAY.

                                               CONSTITUTIONAL VALDITY

1 ARTICLE 14 OF THE CONSTITUTION OFINDIA.   ”  EQUALITY BEFORELAW—THE STATE NOT DENIED TO ANY PERSON EQUALITY BEFOREVLAW OR EQUAL PROTECTION OFLAWS WITH IN THE TERRITORY OFINDIA.

EQUALITY BEFORE LAW IS A NEGATIVE CONCEPT,EQUAL PROTECTION OF LAW IS POSITIVE ONE.THEFORMER DECLARES THATBEVERY ONE VIS EQUAL BEFORE LAW ,THATBNO ONE CAN CLAIM SPECIAL PRIVILEGES AND ALL CLASSES IARE EQUALL SUBJECT TO ORDINARYN LAW OF LAND,THEBLATTER POSTULATES AND EQUAL PROTECTION OF ALL ALIKE INTHE SAME SITUATION ANDUNDER LIKE CIRCUMSTANCES.NO DISCREMINATION CAN BE MADE EITHER IN PRIVILEGES CONFERRED OR LIABILITIES IMPOSED.”

HOWEVER THERE IS DISCRIMINATION IN THE SAME CLASS BY CREATING TWO CATEGORIES OF PENSIONERS BYBSTATE BANK OFVINDIA AND BANK SHOULD FOLLOW THE ESTABLISH NORM OF PENSION BEING 50% SALARYBLEVEL OF RETIRED EMPLOYEES AT THE TIME OF RETIREMENT.

                             ARTICLE 366(17)

2      TO COUNTER THE COMMITTEE’S REPORT CONSTITUTED BY M.O.F,ARTICLE 366(17) OF THE CONSTITUTION OF INDIA CAN BE QUOTED WHICH SAYS”ARTICLE 366(17) OF THE CONSTITUTION DEFINES AS”PENSION MEANS A PESION,WHETHER CONTRIBUTORY OR NOT,IF ANY KIND WHATSOEVER PAYABLE TO OR IN RESPECT OF ANY PERSON,AND INCLUDES RETIRED PAY SO PAYABLE,A GRATUITY SO PAYABLE AND ANY SUM OR SUMS SO PAYABLE BYWAY OF RETURN,WITH OR WITHOUT INTEREST THEREON OR ANY OTHER

ADDITION THERETO,OF SUBCRIPTION TO A PROVIDENT FUND.”

K.R.SAINI

Pensions issues,delay,developments,dillydallying


How come there are advertisers who take my site as a charity home posting their ads arbitrarily. If you so do it, please pay for it:

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Just by the way:

This one is just the trial sort of an exercise to see whether the scipts meant for meneelkanth.blog are able to manifest the requisite clarity and a well meant neatness to satisfy the readers and all those who in some form or the other are connected to the new blog. This short post has only a limited purpose to this extent.


A word on the now current theme of this blog:

It is now for quite some time that this very theme is used and there have been quite a number of errors pointed by the readers. We have many ones set them in order but many of the remaining lot are yet to be set to order which job is still to be attended to that  may take a few more days. In fact mistakes are not of a  major type which are just trifling but they certainly mar operational beauty and look which, as I feel, causes irritation, hence setting is more important than correction. Our efforts are to ameliorate the blog in its function and look both. All the best to our beloved readers and a very very HAPPY CHRISTMAS.

All are angels here and no trace of a man:

images-21 A friend poet of mine once recited a Urdu poem to me a part of which reads like this:‘Hain sabhi yahan farishthey koi aadmi nahin hai’ (….all those present here in the mehfil are angels only as they are all sans a heart. Humans are identified as such as they could possess a heart to communicate, love, share and mutually exchange their feelings with one another and they take every thing to themselves both mentally as well as physically enjoying life which arena is denied to angels. Great poetess Mahadevi Verma aptly said “Rahney do hey Dev hamara marney jeeney ka adhikar”. Life is to live and not to let it go a sheer waste.



 

The price of leading a mission:


Yeh, Toba, how tortuous it is to lead a mission on some issue or the other passing through less bouquets and images (17)more bricks coupled with unending sequence of tortures culminating in to death by hanging. This is what happened in America where August Spice, a leading union leader along with his 3 prominent associates were hanged for the reason that they raised demand for fixed working hours as eight. This images (18)is a big story and the full details are covered in my forthcoming book ‘Beyond the barriers’.Seconds before August Spice was hanged he said “a day will come where our silence will be more louder than our words”. Please read this post in conjunction with an earlier one dated 31st October’2016 in this very blog.


Why ill treat the workforce?


unity

Please take a reference of the post ‘You too owe them your blood’ on this blog. It bears a comment by K.V. Lakshmanan with the weight lurking to an adverse tilt but the narrative being quite meaningful it is healthful from a positive analysis point of view which is important to elicit a result oriented outcome. It is for this reason that the comment in question is being reproduced below verbatim providing a sound approach to the issue. We are thankful to him. The subject relates to fundamental aspects of Trade Union movement, hence it has to be dealt with adhering to no bias approach:

K.V.Lakshmanan commented on You too owe them your blood:

As a part of any trade union you are a successor to those who shed their blood in virtual terms to secure the very basic …

This situation arose because,in banking industry, the trade union movement started developing on the wrong direction in early 1970s.
Instead of protecting the employees from the Bank management for victimisation,they encouraged rowdyism in banks,and protected those who indulged in rowdyism and goondaism.Organaisational elections fought on caste,and unethical basis.The officers were harassed by union people.Then came officers association,but again the same story.They also no different.They recommended for transfer officers who did not toe with them,harassed honest officers and supported corrupt officers who have fall in line with them.T he officers were compelled to collect donations for association from advance oriented branches.I my self was victimised by staff union for being a banks witness in a assault case of branch manager by a clerk,and as officer I did not join the wrongful demonstration and agitation of officers association ,carried out against honest officers/to protect corrupt officials.The officers association was active only during annual transfer of officers,and on off season to protect dishonest /corrupt officers.
Further cheating of employees/officers started by way of signing the wage revision settlements ,throwing interest of members to achieve their own interest/pecuniary obligations from Bank/GOI as had happened in the case of 7 th bipartite wage settlement.

Now how can we expect a strong trade union?


kvlakshmanon,union,fundamentals,approach,association