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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This amounts to cheating!


images (1)There is a mushrooming growth of brokers in the share market of India and they are the ones fed fat on sucking the blood of the innocent traders in shares. They release silky ads to attract more and more of such traders projecting false images of theirs with plenty of offers and assurances to lure as bigger as possible a number of customers in their fold. Their greed for money is as big as a mountain bothering the least for the interest of the customers. They boast of offering new demat accounts fully operable within an hour but what follows after they receive the requisite money from the customers is raising flimsy and irrelevant grounds on delaying the proposal on some false pretext or the other as against finalising the same peremptorily. Dozens of the people come to me with the grievance of getting duped by such brokers and I am yet to make out a full fledged case for them to be taken up with the Government. In the meantime my advice to them is to generate necessary awareness in the masses to see that the traders in stocks keep themselves fully cautious and not fall into the brokers trap.


Pensioners Issues–Many a sips between cup and the lips:

It’s a sort of a renaissance period going on in relation to pensioners issues and every time a clinch to the problems look imminent some hurdle or the other jumps to the scene and it appears as if there is no end to such impediments. In reply to some of the enthusiasts, KR Saini has given a clarification that reads like this:

    ….,AS YOU ARE AWARE THAT FOR COMPUTATION OF PENSION PURPOSE BASIC PAY,PROFESSIONAL QULIFICATION PAY AND FIXED PERSONAL PAY ARE TO BE TAKEN.HOWEVER,NEITHER IN THE COMMITTE’S REPORT NOR IN THE APPROVAL LETTER THERE IS MENTIONED OF P.Q.P ANDF.P.P.SIR, WHILE CONVEYING APPROVAL OF REVISION OF PENSION FOR 8TH BIPARTITE RETIREES THIS TYPE OF MISTAKE OCCURED NOT INCLUDING F.P.P INTHE FIRST INSTACE AND ON TAKING UP BY THE BANK F.P.P WAS ALSOKRSaini INCLUDED FOR PENSION PURPOSE TO 8TH BIPARTITE RETIREES.IN THIS CONNECTION KINDLY REFER TO WEB SITE OF SBI PENSIONERS’ ASSOCIATION(MUMBAI)PUNE (BANK’S CIRCULAR) AT SERIAL NO4.SIMILARLY IN THE CASE OF 9TH BIPARTITE RETIREES P.Q.P AND F.P.P HAS NOT BEEN  INCLUDED FOR PENSION PURPOSE IN THE FIRST INSTANCE BY THE BANK.LATERON BY TAKING UP THE MATTER WITH GOVERNMENT THIS MISTAKE WAS ALSO RECTIFIED.IN THIS CONNECTION,KINDLY REFER CIRCULARS AT SERIAL NO 32 AND  34  OF THE WEB SITE OF SBI PENSIONERS’ ASSOCIATION (MUMBAI)PUNE.

         FURTHER,I HAVE TO ADVISE THAT ALL INDIA STATE BANK OFFICERS’ FEDERATION HAS ALREADY TAKEN UP  THIS ISSUE IMMEDIATELY WITH THE MANAGEMENT OF S.BI FOR INCLUDING P.Q.P AND F.P.P FOR PENSION   PURPOSE VIDE CIRCULAR NO 42.WE ARE REQUISTING THAT OUR PENSIONERS’ FEDERATION SHOULD ALSO TAKE UP THE MATTER IMMEDIATELY WITH S.B.I FOR RECTIFICATION  FOR   CALCULATION OF REVISED PENSION TO 7TH BIPARTITE RETIREES BY INCLUDING P.Q.P AND F.P.P.KINDLY DO REPLY ME.


 

Pensioners Issues–Many a sips between cup and the lips:

It’s a sort of a renaissance period going on in relation to pensioners issues and every time a clinch to the problems look imminent some hurdle or the other jumps to the scene and it appears as if there is no end to such impediments. In reply to some of the enthusiasts, KR Saini has given a clarification that reads like this:

    ….,AS YOU ARE AWARE THAT FOR COMPUTATION OF PENSION PURPOSE BASIC PAY,PROFESSIONAL QULIFICATION PAY AND FIXED PERSONAL PAY ARE TO BE TAKEN.HOWEVER,NEITHER IN THE COMMITTE’S REPORT NOR IN THE APPROVAL LETTER THERE IS MENTIONED OF P.Q.P ANDF.P.P.SIR, WHILE CONVEYING APPROVAL OF REVISION OF PENSION FOR 8TH BIPARTITE RETIREES THIS TYPE OF MISTAKE OCCURED NOT INCLUDING F.P.P INTHE FIRST INSTACE AND ON TAKING UP BY THE BANK F.P.P WAS ALSOKRSaini INCLUDED FOR PENSION PURPOSE TO 8TH BIPARTITE RETIREES.IN THIS CONNECTION KINDLY REFER TO WEB SITE OF SBI PENSIONERS’ ASSOCIATION(MUMBAI)PUNE (BANK’S CIRCULAR) AT SERIAL NO4.SIMILARLY IN THE CASE OF 9TH BIPARTITE RETIREES P.Q.P AND F.P.P HAS NOT BEEN  INCLUDED FOR PENSION PURPOSE IN THE FIRST INSTANCE BY THE BANK.LATERON BY TAKING UP THE MATTER WITH GOVERNMENT THIS MISTAKE WAS ALSO RECTIFIED.IN THIS CONNECTION,KINDLY REFER CIRCULARS AT SERIAL NO 32 AND  34  OF THE WEB SITE OF SBI PENSIONERS’ ASSOCIATION (MUMBAI)PUNE.

         FURTHER,I HAVE TO ADVISE THAT ALL INDIA STATE BANK OFFICERS’ FEDERATION HAS ALREADY TAKEN UP  THIS ISSUE IMMEDIATELY WITH THE MANAGEMENT OF S.BI FOR INCLUDING P.Q.P AND F.P.P FOR PENSION   PURPOSE VIDE CIRCULAR NO 42.WE ARE REQUISTING THAT OUR PENSIONERS’ FEDERATION SHOULD ALSO TAKE UP THE MATTER IMMEDIATELY WITH S.B.I FOR RECTIFICATION  FOR   CALCULATION OF REVISED PENSION TO 7TH BIPARTITE RETIREES BY INCLUDING P.Q.P AND F.P.P.KINDLY DO REPLY ME.


 

Red in tooth and claw–It’s May Day today!


download

It is in fact too cosy and comfortable a life for trade union leaders with hardly any performance but one has not to forget that on this very first day of May the four leaders in America were hanged to death for simply demanding fixed working hours in different establishments in the country and it

Image result for images of hanging rope

was for this crime that four leaders were hanged not only at the behest of different managements but as a clear cut decision as from the Government then in the saddle. I see there are greetings exchanged on the occasion but in actual terms it’s a day of mourning. Why greetings? This is the day to be solemnly remembered respectfully by all the workers of the world, more so by different leaderships as a great pointer for them. Let us bow down in the name of those who sacrificed their life for the cause of the workers all over the globe praying for the peace to the great souls.

Red in tooth and claw–It’s May Day today!


download

It is in fact too cosy and comfortable a life for trade union leaders with hardly any performance but one has not to forget that on this very first day of May the four leaders in America were hanged to death for simply demanding fixed working hours in different establishments in the country and it

Image result for images of hanging rope

was for this crime that four leaders were hanged not only at the behest of different managements but as a clear cut decision as from the Government then in the saddle. I see there are greetings exchanged on the occasion but in actual terms it’s a day of mourning. Why greetings? This is the day to be solemnly remembered respectfully by all the workers of the world, more so by different leaderships as a great pointer for them. Let us bow down in the name of those who sacrificed their life for the cause of the workers all over the globe praying for the peace to the great souls.

Pension issues–Hail the silver line manifest on the scene:


KRSaini

The powers that be agreeing to several of the demands raised for and on behalf of the retiree pensioners is a historical event and it is quite expected that their implementation woud’nt take much time. You may get a detailed circular on the matter as from the quarters concerned who negotiated the settlement so dexterously. As per a message released by KR Saini, the one who worked day and night to foster the great task, necessary agreement is since reached. The copy of his message follows separately.

Pension issues–Hail the silver line manifest on the scene:


KRSaini

The powers that be agreeing to several of the demands raised for and on behalf of the retiree pensioners is a historical event and it is quite expected that their implementation woud’nt take much time. You may get a detailed circular on the matter as from the quarters concerned who negotiated the settlement so dexterously. As per a message released by KR Saini, the one who worked day and night to foster the great task, necessary agreement is since reached. The copy of his message follows separately.

Pension issues–Those in the harness of championing the cause deserve laurels:


History has it that it is always a few as from the masses who take up the cudgels against some barbaric injustice or the other perpetrating to the roots. Pension issue in State Bank has all along been a  mirage and unwanted issue for the Bank’s managementKRSaini and the Government of India as if the aggrieved ones do not belong to the very soil of the country.The Supreme Court of India only the other day point blank turned down the pensioners demand for cent percent DA merger ruthlessly throwing justice element to winds despite potent most arguments put forth by Ramchandra Upadhyaya and also KR Saini. Saini also made a self explicit Statement on the pension issues before Indian Banks Association (IBA) which was laudable enough almost on all anomalies in relation to pension issues. The most indefatigable an endeavour made by a talented pleader with merit like Ramchandra Upadhyaya solidly supported by KR Saini strengthens the case with utmost clarity and there can be no gainsaying accepting the arguments unless seen with contemptuous disdain but this is what is visible on the surface. Pensioners owe a solemn gratitude to the duo.pensioner Pensioners in general hanker with a grievance that nothing tangible is coming out but I make an appeal to you all to keep patience and some day you will emerge successful and the light of smiles shall fill again in the lids that overflow with tears. Pensioners owe a solemn gratitude to the duo. Pensioners in general hanker with a grievance that nothing tangible is coming out but I make an appeal to you all to keep patience and some day you will emerge successful. Comments by KR Saini on the latest developments particularly the ones dated 31st January and 1st February’2017 are pertinently important and they are required to be gone through threadbare and meticulously to arm all the concerneds thoroughly. Your cooperation and support are a dire need at every step. No halt to the Jehaad unless the goal is reached and this is how Vibekanand said “Arise, awake and stop not till the goal is reached”.


Pension issues–Those in the harness of championing the cause deserve laurels:


History has it that it is always a few as from the masses who take up the cudgels against some barbaric injustice or the other perpetrating to the roots. Pension issue in State Bank has all along been a  mirage and unwanted issue for the Bank’s managementKRSaini and the Government of India as if the aggrieved ones do not belong to the very soil of the country.The Supreme Court of India only the other day point blank turned down the pensioners demand for cent percent DA merger ruthlessly throwing justice element to winds despite potent most arguments put forth by Ramchandra Upadhyaya and also KR Saini. Saini also made a self explicit Statement on the pension issues before Indian Banks Association (IBA) which was laudable enough almost on all anomalies in relation to pension issues. The most indefatigable an endeavour made by a talented pleader with merit like Ramchandra Upadhyaya solidly supported by KR Saini strengthens the case with utmost clarity and there can be no gainsaying accepting the arguments unless seen with contemptuous disdain but this is what is visible on the surface. Pensioners owe a solemn gratitude to the duo.pensioner Pensioners in general hanker with a grievance that nothing tangible is coming out but I make an appeal to you all to keep patience and some day you will emerge successful and the light of smiles shall fill again in the lids that overflow with tears. Pensioners owe a solemn gratitude to the duo. Pensioners in general hanker with a grievance that nothing tangible is coming out but I make an appeal to you all to keep patience and some day you will emerge successful. Comments by KR Saini on the latest developments particularly the ones dated 31st January and 1st February’2017 are pertinently important and they are required to be gone through threadbare and meticulously to arm all the concerneds thoroughly. Your cooperation and support are a dire need at every step. No halt to the Jehaad unless the goal is reached and this is how Vibekanand said “Arise, awake and stop not till the goal is reached”.