Category Archives: cursory

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


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QUESTION OF RECOGNITION:


Like every body wants every thing in the world they equally aspire, nay hanker, for an elevated recognition irrespective of the fact whether or not they are able to retain even their zero level. Why such fancies and of what advantages except a meaningless exposure for self?. A great Ram Leela used to take place in my Village at a large scale with a big fun fare and jointly with other boys I too used to be there all the days Ram Leela continued. It was all so interesting

The committee organised Raj Darbar with Raja Ram himself present there to listen to the grievances of the people. One Pandit ji appeared (see picture) and  after obeisance started narrating his problem like ‘I am fully conversant in several of the almost all the alphabets of Devnagari script and despite thatimages (17)no body calls me pandi ji’. Bhagwan Ram told him ‘don’t worry Pandit ji, go to the boys and when they look at  you tell them loudly ‘Look boys, don’t call me pandit ji, and they would instantly start calling you ‘’pandit ji, pandit ji, pandit ji”. The trick worked and the boys in the crowd of the venue itself continued repeating the spree till late in the mid night. This one is just a frugal instance but the very propensity of men and women to secure more, rather much more, recognition in different modes bordering a lusty hanker is a menace beyond repairs.

When your laptop doesn’t behave itself?


Computer

MyDiary:

Imagine you are in the midway of typing out your thoughts fully engrossed on your theme and all of a sudden it goes berserk with an spree of errors awe fully spoiling your work shattering your thought process with the result that the very script is totally spoiled. In my case I take the situation as terribly excruciating and more so when necessary repairs are not readily available. Highly puzzled I get upset and the thought process I had built up in my mind on the relative theme goes diminishing. Mind is not a device to store the action points and themes beyond a certain limited frame. There is no big a purpose in elaborating the topic except that of sharing even a trivial most anxiety with my beloved readers. Happy Diwali.

When your laptop doesn’t behave itself?


Computer

MyDiary:

Imagine you are in the midway of typing out your thoughts fully engrossed on your theme and all of a sudden it goes berserk with an spree of errors awe fully spoiling your work shattering your thought process with the result that the very script is totally spoiled. In my case I take the situation as terribly excruciating and more so when necessary repairs are not readily available. Highly puzzled I get upset and the thought process I had built up in my mind on the relative theme goes diminishing. Mind is not a device to store the action points and themes beyond a certain limited frame. There is no big a purpose in elaborating the topic except that of sharing even a trivial most anxiety with my beloved readers. Happy Diwali.

Pension issues in SBI–Yet more of a meaningful material:

There is an ocean of views and opinions in regard to pension issues in State Bank as from the readers and also dexterously competent people like Ramchandra Upadhyaya and K R Saini. In fact there is no dearth of the requisite material as on date to justify the pensioners claims if honestly adhered to by the authorities involved. While clearing heap of arrears on my laptop today I came across a circular letter addressed by Ramchandra Upadhyaya that highlights several factors supporting the issues. To enable it to reach bigger number of people, the same is reproduced below verbatim for the benefit of the readers.

4.6.2016

Dear Friends,

Amendment to SBIEPF Rules 1955.

Twin ceilings on maximum pension payable.

In the attached note, I have established that the amendment carried out to the SBIEPF Rules with effect from 1.3.1999 at the behest of the Central Government is unconstitutional, illegal and not in conformity with various Supreme Court rulings on Pension related matters.

2.I am aghast at the servile attitude of the management of the Bank towards the Central Government officials, which is very well evident from the manner in which the Bank was trying to justify the captioned amendment in paragraph 4.5 (page 12) of Annexure I to the letter no CDO/PM/16/SPL/1187 dated 30.10.2002. The excerpts from the relevant paragraph are reproduced which reads thus: “The above ceiling was probably based on a rationale that SBI officers are getting Contributory Provident Fund (CPF) where Bank is contributing 10% and hence in their case pension be calculated at 40% of the Basic Pay instead of 50% if they were drawing substantive pay of more than Rs. 8500.00 p.m but minimum pension of Rs.4250.00 p.m., which they would have drawn had their basic pay been less, be protected. The rationale which counted with the Government for fixing a ceiling of 40% for the officers drawing pay of Rs.8500.00 and above affected only the officers who constitute about 23% of the total staff strength whereas the facility of CPF where Bank makes contribution of 10% is equally applicable to such of the employees who are drawing pay of below RS.8500.00”

3. The Bank’s attempt to rationalize the Central Government’s instruction is inexplicable as it should have been aware that while contributions to CPF would end with the retirement of an employee, his pension starts accruing on the first day succeeding that of retirement and shall be payable monthly to the retiree and hence the benefit the employee had from the CPF can no way be linked with the pension payable to the employee on retirement.

4. While I was examining the Supreme Court’s order with regard to its directive on ceiling on maximum pension payable, I noticed that the order meant up gradation of pension. As I have been receiving phone calls seeking clarifications on whether the SBIEPFR .provides for up gradation of pension to SBI Pensioners, I thought of sharing my thoughts which are not my own but backed by the observations from Supreme Court rulings, relevant portions of which are reproduced in the attached note. I would like to reiterate that for offering up gradation facility, the Bank need not seek prior approval from the CG as this needs to be done in accordance with the existing Regulations, the provisions in respect of which were already cleared by the CG before the Regulations were framed. The up gradation would only require the approval of the Bank’s ECCB.

A copy of this letter will be forwarded to our advocate.

With kind regards,

Yours sincerely,

P.P.R.Upadhyaya

Isn’t it that disciplined readership of blogs is yet a rare community?


images (3)_thumbThere was a time when the choice of readers was confined to books alone and of course to news papers later and then icame blogs when computers emerged as a revolution in the current era with a magic wand to sort out a solution to any conceivable thought in the field of messaging followed by emergence of blogging as a great communicational tool. My association with the computers goes back to mid 1960s and with active blogging in the Ist decade of the current century. My fancy for it stretched to five blogs at a time daily on varying subjects mainly inclusive of human relation (HR). It was too tedious a job but I was able to manage all of them with requisite response from the readers all over the world. Currently my concentration is confined to two blogs only and that too with certain unavoidable gaps in their frequency of release from time to time. Readership of my blog ‘Avenues’ stands at present at close to 3 lakhs globally.

The strength of a blog is determined through it’s readers who form the backbone of it. This post is in no way a pointer to the readers and is simply aimed at sharing with them on what I have been experiencing in the field. They make a reference of some problem at their end seeking my advice and in case the subject is similar to the ones raised by several others, I release a composite post exclusively for the topic so referred. What actually follows is that several of them continue the same thing again and again without going through the relative post. There are many who simply ask ‘What happened’?, ‘Any development’?, ‘Please reply’, ‘Help me’, ‘Waiting for your answer’, etc. Such questions are without mentioning any head and tail of it in the absence of which it is just impossible to answer their queries leading them to conclude that I didn’t care for their question. Pension issue is a burning problem in State Bank of India in which context a case is pending with Delhi High Court10881486_1016309615062877_1718043244602304723_n_thumb and whatever is the progress or otherwise is reported on a specific Page in this blog NewsPage routinely by an exponent with scholarly pursuit on pension issues, KR Saini, apprising the readers of the latest update but many of them prefer to shoot a separate query like ‘What is the development?’ instead of bothering to refer to the NewsPage which tendency indicates that they only take the issue cursorily. Those who really feel serious about the dispute are supposed to go to the right site on the blog appreciating the efforts of the author who has embedded his heart and soul to the cause of the pensioners with his indefatigable spirits. It is also the need on the part of the readers/pensioners to associate themselves with whatever are the issues in a committed measure and not just an onlooker. Marching forward jointly is always likely to elicit the desired outcome.

I am writing mammoth but for whom?


MyDiary:

I have written so much and am still continuing the marathon race knowing no estoppel. Sounds funny and quixotic but is a reality at my own level. Some one may well ask me why the hell I am exerting so much and for what purpose or whether it is some doctor’s advice to me to continue pursuing the task unabated for health reasons. No, nothing of this sort, it is rather a sheer weakness sort of thing on my part to share with others what I think is important taking a chance that they too may like it notwithstanding the very possibility that they may not. There are writers who say they are writing for self satisfaction. I don’t think they are honest enough in their expression as such as it is an inherent weakness of any human to have sharing with others. I too thought initially that whatever I am writing is aimed at self satisfaction but then I realised that it was not exactly as such and the truth was that I had an inbuilt hankering for sharing with others whatever was my thought wave. Sharing actually elicits more of a confidence which otherwise lacks many a times at the level of self. Most tiring and cumbersome a task is writing and it acts worse when not shared. Very often I think of giving up the onerous task of writing indefatigably and then I feel a jerk within myself to reconcile that it is a necessary evil and needs to be pursued as such.