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

Inbox
x

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:

-________________________________________________________________________________________________________________________________________________________________________________________        

 

Advertisements

The real India is here?

india image‘There is no time to stay and stare”, said Lord Kipling and that’s because of every day growing population of India which the country is just facing and may be it grows worse in days to com. In our puraans (epics) there is already a warning signal that some day India may collapse because of awefully overpopulous a country with the Earth unable to bear the burden. Some brand it as something catastrophic and there are some who smell a Doom’s Day in it. Possibly it is the time for India to fall in line with China who brought certain legislations to curb this menace of overpopulation.

Lord Buddha, the Enlightened:

Lord Buddha, say Lord Buddha, the Enlightened, hardly ever talked of the God, the reason being, some historians say, that he himself was a God which factor several others deny but there could hardly be any doubt that He was a Divine Soul. For long 30 years he lived a royal life before he renounced all royal luxuries opting to lead the life of a recluse resorting only to beggings as his alms. His followers were known as bhikshu (beggers) to partially satiate their hunger as Bauddha Dharm didn’t permit them to take full meals. Qeen Yashodhara asked Rahul, her son the heir apparent to the royal legacy, to go and ask Lord Buddha to nominate him as his successor to run the royal state  but what transpired was that he showed him his robes as a beggar meaning thereby that then onwards Rahul too had to resort to a beggarhood falling in line with his father adopting Bhikshu Dharm. Yashodhara swooned on getting the news.      Buddha_thumb.jpg

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.


 

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–A clarion call with calling a spade a spade by KR Saini:


KRSaini

As you all know, KR Saini is a crusader and more so in relation to Pension issues in State Bank of India after he joined us, me and RO Shah from Ahmedabad. Both of us were actually the loners at that time to highlight the pension issues like upgradation of pension payable to the retirees of the Bank and several other anomalies severely affecting the pensioners at every level. It all warranted launching of a massive movement to elicit the needful outcome for the purpose. After he appeared on the scene working day and night toiling hardest possible on the mission, his writings on the pension issues published in our blog ‘Avenues’ with the requisite frequency became a much sought after material for the readers as they were quite meaningfully directed to the core points of the issue. It’s practically he who is exclusively managing the running post of ‘Avenues’ as ‘NewsPage’. We are glad that his indefatigable efforts have made it feasible for the latest news on pension issues to reach the readers immediately on their latest release as from the courts and other related quarters. Now that PPR Upadhyaya, a colossus talent wise, too has joined the movement and all are expecting him to deliver the goods in some tangible shape to the SBI pensioners who are most inquisitively hankering for something worth their satisfaction who have been asking in one voice as to how long the still current acrobatics would continue in a barren order and answer to them is that they are judgment seekers and not the judgment givers. The concerned lot is supposed to realise that the light of smiles would have to emerge some day and their patience coupled with a massive movement would have to pay in tangible terms. Pertinently meaningful as they are, some of the writings of KR Saini in the form of comments and pointers, say 3 in number at the moment in the dates of 31st January and 1st February, need to be thoroughly gone through and they shall reach you shortly as separate posts exclusively. Please do study them to feel updated in real terms preferably by advising your reaction directly to him.

Pension issues–A clarion call with calling a spade a spade by KR Saini:


KRSaini

As you all know, KR Saini is a crusader and more so in relation to Pension issues in State Bank of India after he joined us, me and RO Shah from Ahmedabad. Both of us were actually the loners at that time to highlight the pension issues like upgradation of pension payable to the retirees of the Bank and several other anomalies severely affecting the pensioners at every level. It all warranted launching of a massive movement to elicit the needful outcome for the purpose. After he appeared on the scene working day and night toiling hardest possible on the mission, his writings on the pension issues published in our blog ‘Avenues’ with the requisite frequency became a much sought after material for the readers as they were quite meaningfully directed to the core points of the issue. It’s practically he who is exclusively managing the running post of ‘Avenues’ as ‘NewsPage’. We are glad that his indefatigable efforts have made it feasible for the latest news on pension issues to reach the readers immediately on their latest release as from the courts and other related quarters. Now that PPR Upadhyaya, a colossus talent wise, too has joined the movement and all are expecting him to deliver the goods in some tangible shape to the SBI pensioners who are most inquisitively hankering for something worth their satisfaction who have been asking in one voice as to how long the still current acrobatics would continue in a barren order and answer to them is that they are judgment seekers and not the judgment givers. The concerned lot is supposed to realise that the light of smiles would have to emerge some day and their patience coupled with a massive movement would have to pay in tangible terms. Pertinently meaningful as they are, some of the writings of KR Saini in the form of comments and pointers, say 3 in number at the moment in the dates of 31st January and 1st February, need to be thoroughly gone through and they shall reach you shortly as separate posts exclusively. Please do study them to feel updated in real terms preferably by advising your reaction directly to him.

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”.