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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Shylocks operating in the share market–Beware of them!


images (1)

There are common people who have to resort to share trading to supplement their source of sustentation but they are hardly ever aware that this option of theirs is leading them to a den of wild vultures, the brokers as they are called, as their prey. The modus operandi adopted by them in the matter of their accounts is so grotesque that no common man is able to decode the same in a legible term. They are dexterous enough to keep their statistical data just so clean on the surface that it is far beyond any comprehension by an outsider including share traders. The laymen as most of the traders are they just can’t afford to unfold the intricacies and all this taken in its totality it results into making a rich broker much richer at the cost of the traders. The bumper ads released by them are quite silky and the traders are normally prone to take them on their face value getting allured with the gimmics so played by them hoodwinking their customers like a pick pocket does. The problem is that the otherwise badly laden with anxiety and concern on involving their money in the gamble, the traders are hardly left with an alternative against such a ghastly loot on the part of the brokers. Their option is confined only to an alert and precaution to the extent they can afford in thoroughly checking their individual deals. They must apply due care with an eagle’s eye to save their investment against a well manoevred onslaught at the hands of the brokers.

Shylocks operating in the share market–Beware of them!


images (1)

There are common people who have to resort to share trading to supplement their source of sustentation but they are hardly ever aware that this option of theirs is leading them to a den of wild vultures, the brokers as they are called, as their prey. The modus operandi adopted by them in the matter of their accounts is so grotesque that no common man is able to decode the same in a legible term. They are dexterous enough to keep their statistical data just so clean on the surface that it is far beyond any comprehension by an outsider including share traders. The laymen as most of the traders are they just can’t afford to unfold the intricacies and all this taken in its totality it results into making a rich broker much richer at the cost of the traders. The bumper ads released by them are quite silky and the traders are normally prone to take them on their face value getting allured with the gimmics so played by them hoodwinking their customers like a pick pocket does. The problem is that the otherwise badly laden with anxiety and concern on involving their money in the gamble, the traders are hardly left with an alternative against such a ghastly loot on the part of the brokers. Their option is confined only to an alert and precaution to the extent they can afford in thoroughly checking their individual deals. They must apply due care with an eagle’s eye to save their investment against a well manoevred onslaught at the hands of the brokers.

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.


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”.


A world without joints?

Shakespear

It’s a mirage in itself as to what the world as a whole is and what is the purpose which it stands for. Is there some God who created it or it just emerged at  its own with or without any massive volcanic eruptions devastatingly colluding with one another and the resultant mass was called the world. But authenticity part on this version is still sans an acceptable truth. What historians and anthropologists talk on the subject is all guess based. The role of the mythologists too has worsened the confusion in a form worse confounded.

We can of course talk about the real world of which we are the inhabitants, we can visibly see it, we can use it, we can share our views with one another candidly and frankly, and above all we can secure some little space somewhere as our own with plenty of ifs and buts to add or subtract from any where to any where. If it suits Jigar Moradabadi, an eminent Urdu poet he fumes and frowns saying “…na jaane kidhar se na jaane kidhar ko, azal se abad tak baha jaa raha hoon…”. As if it was not enough, Shakespeare finds the world as a whole suffering from loopholes and his Hamlet proclaims that he is the one born to set these disorders fixed. Hamlet cries with a shriek “The world is without joints and I am born to set it right”. The world continues the way it suits it and the critics have no pause against whatever they could at the maximum, say beyond a limit. We may have to keep ourselves contended that there are actually two worlds –one that we could never see and the other one that we could see with snags at every step.

Technocrati:

 

                

Medicos, nay the parasites?

images-20Call them by any name they are the ones not to mend their ways and modus operandi extracting blood of their patients to the heinous most extent fattening their own pockets with huge money. No kind of ethics applies to them nor even the medical guidelines issued by the Government of India. I wonder very often as to what they do with this much money and how it is that they don’t bother against the several curbs and checks imposed on them by different Governmental agencies. All this looks like a caucus they have formed for themselves to jointly cheat the consumer patients. They earn enormously enough to acquire an easy capability to build up their own hospitals/ nursing homes where they work as free stylers looting the patients on their own will and fancy. This sort of total scandalism on their part is to loot the people, some of them very poor patients. What is peremptorily warranted is to form some mechanism that can apply a sound checkup to nab them red handed, sternly punish them to let the public know who they really are -angelic relief providers to the patients or their blood suckers.

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.

Why follow the Truth?

Why the preachers are never tired of stressing that truth is to be followed and strictly adhered to in whatever be the situation and howsoever odd be the circumstances. They also lay much emphasis on both the truths -Absolute and Relative. They quote Maharaj Yudhishthhir,  the eldest of the five Pandavas from Mahabharat who while travelling to Swarg (Paradise) on foot through Himalayas lost one of the leg thumbs -the reason being that he spoke a lie during Mahabharat war although this is not actually correct as it was only brutally twisted. The whole theory is a sort of concoction as any truth resulting into killing of some one results into hatya dosh and it can’t be acceptable. Left to me I would prefer to speak a thousand lies if they are capable of saving some lives or are helpful to them in some way or the other. A lie that saves is far better a thousand times than a truth that kills.