Category Archives: sbi

Pension issues in SBI -latest analysis:

The readers have already been apprised of the relative developments through the predecessor posts on this blog and this one is the latest dexterously release by him. It covers many a minute intricacies in the matter with a threadbare analysis. The full contents of the subject are given below exhaustively for the benefit and advantage of the readers particulary the retiree pensioners of State Bank of India. The items are serialised item by item:

STATE BANK OF INDIA EMPLOYEES’ PENSION FUND RULES WERE FORMED W.E.F 1.07.1955 WHEN IMPERIAL BANK OF INDIA WAS NATIONALISED AND STATE BANK OF INDIA CAME IN TO EXISTING W.E.F 1.07.1955.RULE 23 RELATES TO CALCULATION OF PENSION.THIS RULE WAS IN IMPERIAL BANK OF INDIA ALSO AS RULE 20.THEN IN STATE BANK OF INDIA THIS RULE IS NOW CALLED REGULATION 23 W.E.F 18TH SETEMBER,2014 WHEN STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS -2014 WAS NOTIFIED IN THE GAZETTE OF the GOVERNMENT OFINDIA.

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REGULATION 23(1)

THE PENSION PAYABLE UNDER regulation 22(REGULATION22 STIPULATE MINIMUM SERVICE FOR PENSION IN S.B.I)SHALL BE THE AMOUNT CALCULATED AT THE RATE OF ONE-SIXTIEST PART OF EVERY YEAR’S PENSIONABLE SERVICE OF THE AVERAGE MONTHLY SUBSTANTIVE  SALARY DRAWN DURING THE LAST TWELVE MONTHS.THIS FORMULA WAS IMPLEMENTED WE.F 1.1.1986.

 WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION  CEILINGS REMAINED CONSTANHT AT RS750/ AND RS1000/,WHICH RESULTED EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR  OFFICERS STARTED DRAWING PENSION MUCH LESS THAN 50% OF THE LAST DRAWN PAY.THIS CREAT MUCH HEART -BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO BANK TO ENHANCE THE PENSION CEILING TO RS2400/ PER MONTH W.E.F 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS OF CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE(DY MD) WAS AT RS4800/PER MONTH.THE COURT HAS UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY MANAGING DIRECTOR.

                              ANOMALY OF 5TH BIPARTITE RETIREES

             ALTHOUGH PENSION HAS BEEN PAID AS PER RULE 23(1),HOWEVER,WITH A CEILING OF RS2400/ WHICH WAS HALF OF THE SALARY OFDEPUTYMANAGING DIRECTOR OF 4TH BIPARTITE SETTLEMENT WHICH ENDED ON 31.10.1987..SUBSEQUENTLY,WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI,THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEENN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/ WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY CEILING WAS NOTREVISED THOUGH PROPOSAL WAS PUT UPTO GOVERNMENT IN 1989.

                                                     COMMITTEE’S RECOMMENDATIONS FOR 5TH BIPARTITE RETIREES

      ”THE CEILING OF MAXIMUM PENSION IN SBI TO BE INCREASED FROM RS2400/ TORS3775/PER MONTH W.E.F 1.11.1987 BASED ON THE MAXIMUM BASIC PAY OF DMD WHICH WAS FIXED RS 7550/ ONTHE JOINT NOTE DATED 11.06.1989.”

                  IT HAS BEEN OBSEVED THAT COMMITTEE CONSTITUTED BY M.O.F DO NOT CARE REGARDING INTHE PAST AND DECISION OF1989 HAS NOW BEEN TAKEN IN 2017 AFTER 28 YEARS WHILE MAKING ARREARS OFPENSION TO 5TH BIPARTITE RETIREES.

 NOW QUESTION ARISES HOW MANY PENSIONERS OF 5TH BIPARTITE RETIREES SURVIVE NOW?

                                                ANOMALIES OF 6TH BIPARTITE RETIREES

                       THE NEXT WAGE REVISION MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTED FROM 1.11.1992 IN THE CASE OF AWARD STAFF AND 1.07.1993 IN THE  CASE OF OFFICERS,THE PENSION CEILING WERE REVISED TO RS4250/ PER MONTH W.E F 1.11.1993 WITHOUT TAKING INTO ACCOUNT THE ACTUAL SALARY SCALES DRAWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE(DMD) WAS RS14800/ AND BASIC PENSION SHOULD BE RS7400/ PER MONTH BUT MAXIMUM WAS FIXED AS RS4250/PER MONTH .THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION TO 28.71%.

IN FEBRUARY 1999 GOVERNMENT BROUGHT IN A CONCEPT OF 40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ PAY WITH MINIMUM OF RS4250/ PER MONTH W.E.F 1.03.1999

                                                            COMMITTEE’S RECOMMENDATIONS FOR 6TH BIPARTITE RETIREES.

      PENSION IS CALCULATED ON LAST DRWN PAY WHICH WAS REVISED IN CASE OF AWARD STAFF W.E.F 1.11.1992 AND FOR OFFICERS W.E.F 1.07.1993.

                                  ANOMALIES OF 7TH BIPARTITE RETIREES

                   PENSION HAS BEEN PAID ON THE BASIS OF 6TH BIPARTITE PAY SCALES AT 50%/40% FORMULA WITH MINIMUM OF RS4250/ FOR 50% SLAB PAY  OF RS8500/ AND ABOVE BASIC PAY OF RS8500/ AT 40%.

                                    COMMITTEE’S RECOMMENDATIONS FOR 7TH BIPARTITE RETIREES.

             THE MAXIMUM AMOUNT OF PENSION FOR PAY RS14240/ PER MONTH SHALL BE COMPUTED AT 50% OF PAY AND IF   THE PAY IS ABOVE RS14240/ PER MONTH BE COMPUTED AT 40% OF PAY W.E.F 1.11.1997 FOR AWARD STAFF AND W.E.F 1.04.1998 FOR OFFICERS .PENSION FOR THE PERIOD 1.11.1997/1.04.1998 TO 30.04.2005 BE MADE BY ARRIVING AT THE CORRESPONDING STAGE BY DIVIDING BY 1684 AND MULTIPLYING BY 1616 SUBJECT TO MINIMUM OF RS6883/ FOR 40% SLAB(-HALF OF 14240 MULTIPLYING BY 1616 AND DIVIDING BY 1684.) AND THEREAFTER AS COMPUTED SUBJECT TO MINIMUM OF RS7120/ W.E.F 1.05.2005.MAXIMUM PAY OF DMD WAS RS 23700/INCASE OF 7TH BIPARTITE SETTLEMENT AND BASIC PENSION SHOULD BE 50% OF RS23700/ AS RS11850/.

                            ANOMALY OF 8TH BIPARTITE RETIREES

           THE SHIFTING OF EFFECTIVE DATE FROM 1.05.2005 TO 1.11.2002 FOR CUT OF POINT OF RS21040// NOT ACCEPTABLE TO COMMITTEE CONSTITUTED BY M.O.F.

IT MAY BE THAT COMMITTEE PROTECTED THE VESTED INTRESTS OF OTHER NATIONALISED BANKS ,BECAUSE IN THEIR CASE ALSO PENSION WAS REVISED FROM 1.05.2005 FOR 8TH BIPARTITE RETREES NOT FROM 1.11.2002..

    LEGAL POINTS

1 WHEN THEN DEPUTY MANAGING DIRECTOR AND CDO SHRI ASHWINI MEHERA ON 14.12.2015 ADVISED BY EMAIL TO SHRI UPADHYAYA JI ”THE PENSION REGULATIONS IN STATE BANK OF INDIA ARE DIFFERENT FROM PENSION FUND REGULATIONS  OF OTHER NATIONALISED BANKS”   THEN WHY GOVERNMENT/BANK ARE IMPOSING PENSION REGULATIONS OF OTHER BANKS TO S.B.I RETIREES PARTICULARILY CLAUSE 16 OF7TH BIPARTITE SETTLEMENT IMPOSED ON S.B.I PENSIONERS;RETIREES

2  PENSION IS GOVERNED BY RULES/REGULATIONS  AND AN EMPLOYEE COMING WITHIN THOSE RULES/REGULATIONS IS ENTITLED TO CLAIM RIGHTFUL AND LEGIMATE PENSION.HOWEVER,THE COMMITTEE’S REPORT HASNOT MENTIONED THE RULES/REGULATIONS INTHEIR REPORT AND GOVERNMENT HAS ALSONOT MENTIONED THE RULES AND REGULATIONS IN THEIR ORDER.THIS SHOWS THAT GOVERNMENT SHOWS THE VESTED INTERESTSOF OTHER NATIONALISED BANKS.

 .

3 VIOLATION OF ARTICLE 14 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTIONOF INDIA BYCREATING 50%/40% FORMULA FORPAYMENT OF PENSION TOS.B.I RETIREES.4 WHEN HON’BLE SUPREME COURT DECIDED ON 23.02.1989 IN THE W.P(C)305/1987 THAT PENSION SHOULD BE PAID AT 50% OF LAST 12 MONTHS AVERAGE’PAY’ THEN WHY 50%/40% FORMULA TOS.B.I PENSIONERS/RETIREES

 4 WHENI.B.A HAD ALSON ADVISED THE BANK IN2000 THAT PENSION REGULATIONSOF OTHER BANKS ARE NOT APPLICABLE TO S.B.I RETIREES THEN WHY 50%40% FORMULA FOR S.B.I RETIREES.

5OUR W.P(C)1875/2013 W.P(C)1931/2002 PREM VATIBAGGA &BOTHERS V/S UOI &OTHERS HAVEPRAYED 50% AS PENSION ANDQUASHINGTHE RULE23(2) FOR 40%SLAB TEN WHY GOVERNMENT /BANK HAVEDECIDED TO IMPLEMENT50%/40% FORMULA BYMAKING PEREDENCE FROM 1.03.199 TO31.10.2017(FROM 6TH TO 10THBIPARTITE RETIREES) AND ALSO WANTS TO THIS FORMULA OF50%/40%INFUTUREALSO I.E FROM 11TH BIPARTITE AND SOON

REGULATION 23(1)

THE PENSION PAYABLE UNDER regulation 22(REGULATION22 STIPULATE MINIMUM SERVICE FOR PENSION IN S.B.I)SHALL BE THE AMOUNT CALCULATED AT THE RATE OF ONE-SIXTIEST PART OF EVERY YEAR’S PENSIONABLE SERVICE OF THE AVERAGE MONTHLY SUBSTANTIVE  SALARY DRAWN DURING THE LAST TWELVE MONTHS.THIS FORMULA WAS IMPLEMENTED WE.F 1.1.1986.

       WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION  CEILINGS REMAINED CONSTANHT AT RS750/ AND RS1000/,WHICH RESULTED EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR  OFFICERS STARTED DRAWING PENSION MUCH LESS THAN 50% OF THE LAST DRAWN PAY.THIS CREAT MUCH HEART -BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO BANK TO ENHANCE THE PENSION CEILING TO RS2400/ PER MONTH W.E.F 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS OF CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE(DY MD) WAS AT RS4800/PER MONTH.THE COURT HAS UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY MANAGING DIRECTOR.

                              ANOMALY OF 5TH BIPARTITE RETIREES

             ALTHOUGH PENSION HAS BEEN PAID AS PER RULE 23(1),HOWEVER,WITH A CEILING OF RS2400/ WHICH WAS HALF OF THE SALARY OFDEPUTYMANAGING DIRECTOR OF 4TH BIPARTITE SETTLEMENT WHICH ENDED ON 31.10.1987..SUBSEQUENTLY,WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI,THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEENN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/ WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY CEILING WAS NOTREVISED THOUGH PROPOSAL WAS PUT UPTO GOVERNMENT IN 1989.

                                                     COMMITTEE’S RECOMMENDATIONS FOR 5TH BIPARTITE RETIREES

      ”THE CEILING OF MAXIMUM PENSION IN SBI TO BE INCREASED FROM RS2400/ TORS3775/PER MONTH W.E.F 1.11.1987 BASED ON THE MAXIMUM BASIC PAY OF DMD WHICH WAS FIXED RS 7550/ ONTHE JOINT NOTE DATED 11.06.1989.”

                  IT HAS BEEN OBSEVED THAT COMMITTEE CONSTITUTED BY M.O.F DO NOT CARE REGARDING INTHE PAST AND DECISION OF1989 HAS NOW BEEN TAKEN IN 2017 AFTER 28 YEARS WHILE MAKING ARREARS OFPENSION TO 5TH BIPARTITE RETIREES.

 NOW QUESTION ARISES HOW MANY PENSIONERS OF 5TH BIPARTITE RETIREES SURVIVE NOW?

                                                ANOMALIES OF 6TH BIPARTITE RETIREES

                       THE NEXT WAGE REVISION MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTED FROM 1.11.1992 IN THE CASE OF AWARD STAFF AND 1.07.1993 IN THE  CASE OF OFFICERS,THE PENSION CEILING WERE REVISED TO RS4250/ PER MONTH W.E F 1.11.1993 WITHOUT TAKING INTO ACCOUNT THE ACTUAL SALARY SCALES DRAWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE(DMD) WAS RS14800/ AND BASIC PENSION SHOULD BE RS7400/ PER MONTH BUT MAXIMUM WAS FIXED AS RS4250/PER MONTH .THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION TO 28.71%.

IN FEBRUARY 1999 GOVERNMENT BROUGHT IN A CONCEPT OF 40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ PAY WITH MINIMUM OF RS4250/ PER MONTH W.E.F 1.03.1999

                                                            COMMITTEE’S RECOMMENDATIONS FOR 6TH BIPARTITE RETIREES.

      PENSION IS CALCULATED ON LAST DRWN PAY WHICH WAS REVISED IN CASE OF AWARD STAFF W.E.F 1.11.1992 AND FOR OFFICERS W.E.F 1.07.1993.

                                  ANOMALIES OF 7TH BIPARTITE RETIREES

                   PENSION HAS BEEN PAID ON THE BASIS OF 6TH BIPARTITE PAY SCALES AT 50%/40% FORMULA WITH MINIMUM OF RS4250/ FOR 50% SLAB PAY  OF RS8500/ AND ABOVE BASIC PAY OF RS8500/ AT 40%.

                                    COMMITTEE’S RECOMMENDATIONS FOR 7TH BIPARTITE RETIREES.

             THE MAXIMUM AMOUNT OF PENSION FOR PAY RS14240/ PER MONTH SHALL BE COMPUTED AT 50% OF PAY AND IF   THE PAY IS ABOVE RS14240/ PER MONTH BE COMPUTED AT 40% OF PAY W.E.F 1.11.1997 FOR AWARD STAFF AND W.E.F 1.04.1998 FOR OFFICERS .PENSION FOR THE PERIOD 1.11.1997/1.04.1998 TO 30.04.2005 BE MADE BY ARRIVING AT THE CORRESPONDING STAGE BY DIVIDING BY 1684 AND MULTIPLYING BY 1616 SUBJECT TO MINIMUM OF RS6883/ FOR 40% SLAB(-HALF OF 14240 MULTIPLYING BY 1616 AND DIVIDING BY 1684.) AND THEREAFTER AS COMPUTED SUBJECT TO MINIMUM OF RS7120/ W.E.F 1.05.2005.MAXIMUM PAY OF DMD WAS RS 23700/INCASE OF 7TH BIPARTITE SETTLEMENT AND BASIC PENSION SHOULD BE 50% OF RS23700/ AS RS11850/.

                            ANOMALY OF 8TH BIPARTITE RETIREES

           THE SHIFTING OF EFFECTIVE DATE FROM 1.05.2005 TO 1.11.2002 FOR CUT OF POINT OF RS21040// NOT ACCEPTABLE TO COMMITTEE CONSTITUTED BY M.O.F.

IT MAY BE THAT COMMITTEE PROTECTED THE VESTED INTRESTS OF OTHER NATIONALISED BANKS ,BECAUSE IN THEIR CASE ALSO PENSION WAS REVISED FROM 1.05.2005 FOR 8TH BIPARTITE RETREES NOT FROM 1.11.2002..

    LEGAL POINTS

1 WHEN THEN DEPUTY MANAGING DIRECTOR AND CDO SHRI ASHWINI MEHERA ON 14.12.2015 ADVISED BY EMAIL TO SHRI UPADHYAYA JI ”THE PENSION REGULATIONS IN STATE BANK OF INDIA ARE DIFFERENT FROM PENSION FUND REGULATIONS  OF OTHER NATIONALISED BANKS”   THEN WHY GOVERNMENT/BANK ARE IMPOSING PENSION REGULATIONS OF OTHER BANKS TO S.B.I RETIREES PARTICULARILY CLAUSE 16 OF7TH BIPARTITE SETTLEMENT IMPOSED ON S.B.I PENSIONERS;RETIREES

2  PENSION IS GOVERNED BY RULES/REGULATIONS  AND AN EMPLOYEE COMING WITHIN THOSE RULES/REGULATIONS IS ENTITLED TO CLAIM RIGHTFUL AND LEGIMATE PENSION.HOWEVER,THE COMMITTEE’S REPORT HASNOT MENTIONED THE RULES/REGULATIONS INTHEIR REPORT AND GOVERNMENT HAS ALSONOT MENTIONED THE RULES AND REGULATIONS IN THEIR ORDER.THIS SHOWS THAT GOVERNMENT SHOWS THE VESTED INTERESTSOF OTHER NATIONALISED BANKS.

 .

3VIOLATION OF ARTICLE 14 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTIONOF INDIA BYCREATING 50%/40% FORMULA FORPAYMENT OF PENSION TOS.B.I RETIREES.4 WHEN HON’BLE SUPREME COURT DECIDED ON 23.02.1989 IN THE W.P(C)305/1987 THAT PENSION SHOULD BE PAID AT 50% OF LAST 12 MONTHS AVERAGE’PAY’ THEN WHY 50%/40% FORMULA TOS.B.I PENSIONERS/RETIREES

 4 WHENI.B.A HAD ALSON ADVISED THE BANK IN2000 THAT PENSION REGULATIONSOF OTHER BANKS ARE NOT APPLICABLE TO S.B.I RETIREES THEN WHY 50%40% FORMULA FOR S.B.I RETIREES.

5OUR W.P(C)1875/2013 W.P(C)1931/2002 PREM VATIBAGGA &BOTHERS V/S UOI &OTHERS HAVEPRAYED 50% AS PENSION ANDQUASHINGTHE RULE23(2) FOR 40%SLAB TEN WHY GOVERNMENT /BANK HAVEDECIDED TO IMPLEMENT50%/40% FORMULA BYMAKING PEREDENCE FROM 1.03.199 TO31.10.2017(FROM 6TH TO 10THBIPARTITE RETIREES) AND ALSO WANTS TO THIS FORMULA OF50%/40%INFUTUREALSO I.E FROM 11TH BIPARTITE AND SOON.

REGULATION 23(1)

THE PENSION PAYABLE UNDER regulation 22(REGULATION22 STIPULATE MINIMUM SERVICE FOR PENSION IN S.B.I)SHALL BE THE AMOUNT CALCULATED AT THE RATE OF ONE-SIXTIEST PART OF EVERY YEAR’S PENSIONABLE SERVICE OF THE AVERAGE MONTHLY SUBSTANTIVE  SALARY DRAWN DURING THE LAST TWELVE MONTHS.THIS FORMULA WAS IMPLEMENTED WE.F 1.1.1986.

       WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION  CEILINGS REMAINED CONSTANHT AT RS750/ AND RS1000/,WHICH RESULTED EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR  OFFICERS STARTED DRAWING PENSION MUCH LESS THAN 50% OF THE LAST DRAWN PAY.THIS CREAT MUCH HEART -BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO BANK TO ENHANCE THE PENSION CEILING TO RS2400/ PER MONTH W.E.F 1.1.1986.IT IS PERTINENT TO NOTE THAT WHEN THE SALARY SCALES WERE CONSTRUCTED AT 332 POINTS OF CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE(DY MD) WAS AT RS4800/PER MONTH.THE COURT HAS UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY MANAGING DIRECTOR.

                              ANOMALY OF 5TH BIPARTITE RETIREES

             ALTHOUGH PENSION HAS BEEN PAID AS PER RULE 23(1),HOWEVER,WITH A CEILING OF RS2400/ WHICH WAS HALF OF THE SALARY OFDEPUTYMANAGING DIRECTOR OF 4TH BIPARTITE SETTLEMENT WHICH ENDED ON 31.10.1987..SUBSEQUENTLY,WHEN THE SALARY REVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI,THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEENN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS3775/ WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY CEILING WAS NOTREVISED THOUGH PROPOSAL WAS PUT UPTO GOVERNMENT IN 1989.

                                                     COMMITTEE’S RECOMMENDATIONS FOR 5TH BIPARTITE RETIREES

      ”THE CEILING OF MAXIMUM PENSION IN SBI TO BE INCREASED FROM RS2400/ TORS3775/PER MONTH W.E.F 1.11.1987 BASED ON THE MAXIMUM BASIC PAY OF DMD WHICH WAS FIXED RS 7550/ ONTHE JOINT NOTE DATED 11.06.1989.”

                  IT HAS BEEN OBSEVED THAT COMMITTEE CONSTITUTED BY M.O.F DO NOT CARE REGARDING INTHE PAST AND DECISION OF1989 HAS NOW BEEN TAKEN IN 2017 AFTER 28 YEARS WHILE MAKING ARREARS OFPENSION TO 5TH BIPARTITE RETIREES.

 NOW QUESTION ARISES HOW MANY PENSIONERS OF 5TH BIPARTITE RETIREES SURVIVE NOW?

                                                ANOMALIES OF 6TH BIPARTITE RETIREES

                       THE NEXT WAGE REVISION MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTED FROM 1.11.1992 IN THE CASE OF AWARD STAFF AND 1.07.1993 IN THE  CASE OF OFFICERS,THE PENSION CEILING WERE REVISED TO RS4250/ PER MONTH W.E F 1.11.1993 WITHOUT TAKING INTO ACCOUNT THE ACTUAL SALARY SCALES DRAWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE(DMD) WAS RS14800/ AND BASIC PENSION SHOULD BE RS7400/ PER MONTH BUT MAXIMUM WAS FIXED AS RS4250/PER MONTH .THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION TO 28.71%.

IN FEBRUARY 1999 GOVERNMENT BROUGHT IN A CONCEPT OF 40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ PAY WITH MINIMUM OF RS4250/ PER MONTH W.E.F 1.03.1999

                                                            COMMITTEE’S RECOMMENDATIONS FOR 6TH BIPARTITE RETIREES.

      PENSION IS CALCULATED ON LAST DRWN PAY WHICH WAS REVISED IN CASE OF AWARD STAFF W.E.F 1.11.1992 AND FOR OFFICERS W.E.F 1.07.1993.

                                  ANOMALIES OF 7TH BIPARTITE RETIREES

                   PENSION HAS BEEN PAID ON THE BASIS OF 6TH BIPARTITE PAY SCALES AT 50%/40% FORMULA WITH MINIMUM OF RS4250/ FOR 50% SLAB PAY  OF RS8500/ AND ABOVE BASIC PAY OF RS8500/ AT 40%.

                                    COMMITTEE’S RECOMMENDATIONS FOR 7TH BIPARTITE RETIREES.

             THE MAXIMUM AMOUNT OF PENSION FOR PAY RS14240/ PER MONTH SHALL BE COMPUTED AT 50% OF PAY AND IF   THE PAY IS ABOVE RS14240/ PER MONTH BE COMPUTED AT 40% OF PAY W.E.F 1.11.1997 FOR AWARD STAFF AND W.E.F 1.04.1998 FOR OFFICERS .PENSION FOR THE PERIOD 1.11.1997/1.04.1998 TO 30.04.2005 BE MADE BY ARRIVING AT THE CORRESPONDING STAGE BY DIVIDING BY 1684 AND MULTIPLYING BY 1616 SUBJECT TO MINIMUM OF RS6883/ FOR 40% SLAB(-HALF OF 14240 MULTIPLYING BY 1616 AND DIVIDING BY 1684.) AND THEREAFTER AS COMPUTED SUBJECT TO MINIMUM OF RS7120/ W.E.F 1.05.2005.MAXIMUM PAY OF DMD WAS RS 23700/INCASE OF 7TH BIPARTITE SETTLEMENT AND BASIC PENSION SHOULD BE 50% OF RS23700/ AS RS11850/.

                            ANOMALY OF 8TH BIPARTITE RETIREES

           THE SHIFTING OF EFFECTIVE DATE FROM 1.05.2005 TO 1.11.2002 FOR CUT OF POINT OF RS21040// NOT ACCEPTABLE TO COMMITTEE CONSTITUTED BY M.O.F.

IT MAY BE THAT COMMITTEE PROTECTED THE VESTED INTRESTS OF OTHER NATIONALISED BANKS ,BECAUSE IN THEIR CASE ALSO PENSION WAS REVISED FROM 1.05.2005 FOR 8TH BIPARTITE RETREES NOT FROM 1.11.2002..

    LEGAL POINTS

1 WHEN THEN DEPUTY MANAGING DIRECTOR AND CDO SHRI ASHWINI MEHERA ON 14.12.2015 ADVISED BY EMAIL TO SHRI UPADHYAYA JI ”THE PENSION REGULATIONS IN STATE BANK OF INDIA ARE DIFFERENT FROM PENSION FUND REGULATIONS  OF OTHER NATIONALISED BANKS”   THEN WHY GOVERNMENT/BANK ARE IMPOSING PENSION REGULATIONS OF OTHER BANKS TO S.B.I RETIREES PARTICULARILY CLAUSE 16 OF7TH BIPARTITE SETTLEMENT IMPOSED ON S.B.I PENSIONERS;RETIREES

2  PENSION IS GOVERNED BY RULES/REGULATIONS  AND AN EMPLOYEE COMING WITHIN THOSE RULES/REGULATIONS IS ENTITLED TO CLAIM RIGHTFUL AND LEGIMATE PENSION.HOWEVER,THE COMMITTEE’S REPORT HASNOT MENTIONED THE RULES/REGULATIONS INTHEIR REPORT AND GOVERNMENT HAS ALSONOT MENTIONED THE RULES AND REGULATIONS IN THEIR ORDER.THIS SHOWS THAT GOVERNMENT SHOWS THE VESTED INTERESTSOF OTHER NATIONALISED BANKS.

 .

3VIOLATION OF ARTICLE 14 AND ARTICLE 21 AND ARTICLE 300A OF THE CONSTITUTIONOF INDIA BYCREATING 50%/40% FORMULA FORPAYMENT OF PENSION TOS.B.I RETIREES.4 WHEN HON’BLE SUPREME COURT DECIDED ON 23.02.1989 IN THE W.P(C)305/1987 THAT PENSION SHOULD BE PAID AT 50% OF LAST 12 MONTHS AVERAGE’PAY’ THEN WHY 50%/40% FORMULA TOS.B.I PENSIONERS/RETIREES

 4 WHENI.B.A HAD ALSON ADVISED THE BANK IN2000 THAT PENSION REGULATIONSOF OTHER BANKS ARE NOT APPLICABLE TO S.B.I RETIREES THEN WHY 50%40% FORMULA FOR S.B.I RETIREES.

5OUR W.P(C)1875/2013 W.P(C)1931/2002 PREM VATIBAGGA &BOTHERS V/S UOI &OTHERS HAVEPRAYED 50% AS PENSION ANDQUASHINGTHE RULE23(2) FOR 40%SLAB TEN WHY GOVERNMENT /BANK HAVEDECIDED TO IMPLEMENT50%/40% FORMULA BYMAKING PEREDENCE FROM 1.03.199 TO31.10.2017(FROM 6TH TO 10THBIPARTITE RETIREES) AND ALSO WANTS TO THIS FORMULA OF50%/40%INFUTUREALSO I.E FROM 11TH BIPARTITE AND SOON.

K.R. SAINI

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Pension issues in SBI -Pension Fund Regulations 2014:

STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS 2014—SUPREME COURT JUDGEMENT DATED 23.02.1989–COMMITTEE’S CONSTITUTED BY M.O.F ON PENSION MATTERS OF S.B.I–ITS RECOMMENDATIONS AND IMPLEMENTATION:


KRSaini_thumb.jpgOUR PENSION ISSUES REMAIN UNRESOLVED DUE TO  ADAMANT STAND BEING ADOPTED BY THE GOVERNMENT WHICH CLEARLY SHOWS FROM THE REPORT AND RECOMMENDATIONS OF THE COMMITTEE ON PENSION MATTERS OF STATE BANK OF INDIA.FOR THIS UNDERNOTED PRECEPTION ENTERTAINED BY VARIOUS OFFICIALS OF THE GOVERNMENT NEEDS TO BE ADDRESSED.BECAUSE OF ADDITIONAL BENEFIT MADE AVAILABLE IN THE FORM OF CONTRIBUTORY PROVIDENT FUND TO ITS EMPLOYEES BY STATE BANK OF INDIA,THE PENSION BENEFITS CANNOT BE PROVIDED TO THE FULL EXTENT OF 50% OF PAY TO ALL THE ELLIGIBLE PENSIONERS.

      THE QUESTION OF THE SUPERANNUATION BENEFIT IN THE FORM OF CONTRIBUTORY PROVIDENT FUND SCHEME AND THREE RETIRAL BENEFITS PROVIDED BY STATE BANK OF INDIA HAS BEEN ACCEPTED BY THE  GOVERNMENT AT THE TIME OF VERDICT BY SUPREME COURT ON 23.02.1989 W.E.F 1.1.1986 FOR 4TH BIPARTITE RETIREES FOR A SHORT PERIOD OF 1.1.1986 TO 31.10.1987.AS OUR PENSION SCHEME IS ARCHAIC PENSION SCHEME FROM THE TIME OF IMPERIAL BANK OF INDIA AND THEN STATE BANK OF INDIA W.E.F 1.07.1955.

           our bank did not conclude any pension settlement with serving federations either along with  OR SUBSEQUENT TO THE BIPARTITE WAGE SETTLEMENTS SO FAR CONCLUDED.OUR BANK HAS BEEN TAKING A STAND THAT ITS PENSION SCHEME IS INDEPENDENT OF INDUSTRY LEVEL PENSION SCHEME AND NO CONTRIBUTION TO BE MADE BY ITS EMPLOYEES TO ITS PENSION FUND.THE  CONTRIBUTION MADE BY OUR BANK TO OUR PENSION IS NOT REQUIRED, NOT TO BE DETERMINED ON THE BASIS OF THE AMOUNT ALLOCATED FOR PENSION FUNDING PURPOSES IN THE INDUSTRY LEVEL BIPARTITE WAGE SETTLEMENTS.

        THIS CONTRIBUTION WAS THEREFORE DETERMINED AS PER ACTUARIAL ASSESSMENT AND CONTRIBUTION BY OUR BANK ACCORDINGLY.IN THIS CONNECTION PLEASE REFER TO REGULATION NO 10 OF” STATE BANK OF INDIA EMPLOYEES’ PENSION FUND REGULATIONS 2014” OUR BANK WAS JUSTIFIED IN TAKING A STAND THAT IS OBLIGED TO BUILD UP ITS PENSION FUND ADEQUATLY WITHOUT ANY UNDER FUNDING.WHILE OUR PENSION FUND RULES PROVIDE FOR A STATUARY CONTRIBUTION AT AT 10% OF BASIC PAY TO OUR  PENSION FUND,IN TERMS OF  SECTION 38 OF STATE BANK OF INDIA ACT 1955,OUR BANK HAS BEEN PROVIDING MORE THAN10% OF BASIC PAY,AS PER ACTUARIAL ASSESSMENT TO OUR PENSION FUND.

                                              ARREARS OF PENSION AT 50%/40% PAY AS PENSION  1616-1684 C.P.I=1960

     IN ORDER TO PAY LESS ARREARS CLAUSE 16 OF THE 7TH BIPARTITE RETIREES IS IMPLEMENTED WHICH IS ILLEGAL.

                  IN THIS CONNECTION PLEASE REFER TO ORDER SHEET NO 1 W.P 1317 OF 2009 OF CALCUTTA HIGH COURT IN THE MATTER OF SHRI SALIL KUMAR GHOSH V/S STATE BANK OF INDIA & OTHERS——-THIS JUDGEMENT IN FAVOUROF AN AWARD EMPLOYEE OF 7TH BIPARTITE RETIREE AND THIS CASE IS IN THE KNOWLEGE OF” STATE BANK OF INDIA PENSIONERS’ ASSOCIATION BENGAL CIRCLE” AND SHRI SUJOY GHOSH  TO WHOM I AM ALSO SENDING THIS EMAIL.

COURT OBSERVED THAT IN CASE OF 7TH BIPARTITE RETIREE PENSION HAS BEEN CALCULATED ON THE BASIS OF PAY UNDER THE 6TH BIPARTITE SETTLEMENT,WHICH IS UNJUSTIFIED THEREFORE ORDERS BE PASSED INFAVOUR OF THE 7TH BIPARTITE RETIREE AND CLEARLY SAID THAT CLAUSE 16 IS FOR” REGULATIONS 1995” FOR OTHER BANKS AND STATE BANK EMPLOYEES SHOULD BE PAID AS PER” STATE BANK OF INDIA EMPLOYEES PENSION FUND RULES 1955”.HOWEVER, BANK DID NOT ABIDE THIS JUDGEMENT .AND SHRI SALIL KUMAR GHOSH PETITIONER DIED IN 2013.

             IN ANOTHER CASE SUPREME COURT DECIDED 50% PAY AS PENSION 1616-1684 C.A NO 5604/2010 DATED 13.02..2014 FOR PAYMENT OF ARREARS FROM DATE OF RETIREMENT TO 30.04.2005 WHOSE BASIC PAY WAS TREATED AT 1616 POINTS THE PETITIONER IS CANARA BANK EMPLOYEE SHRI DALIP KUMAR DEV. KINDLY VISIT ALL INDIA CANARA BANK RETIREES FEDERATION  WEB SITE AND” ALL INDIA BANK RETIREES FEDERATION”REFERENCE NO 2014/87 DATED 31.03.2014 LETTER ADDRESSED TO I.B.A BY SHRI S.C JAIN SECRETAY .HOWEVER, SHRI DALIP KUMAR DEV GOT THE ARREARS ON 1684POINTS FROM DATE OFBRETIREMENT TO 30.04.2005 AS PER SUPREME COURT JUDGEMENTLIKE KIRAN KUMAR JAIPURIA GOT THE REVISED PENSION NOT OTHER PENSIONERS.

K.R.SAINI

 


 

 

Women Executives in Banks:

Image result for women executives in banksThe women empowerment started taking strides in independent India a few decades back, more so in Banking industry and it is increasingly gaining grounds day by day with their induction in almost all areas both in public and private undertakings with a requisite speed. It was in fact Swami Vibekanand who was the first Indian to play an ambassadorial role abroad promoting women empowerment while addressing the masses there as ‘Sisters and brothers’ as against the routine ritual then obtaining every where as ‘Brothers and sisters’. This remarkable utterance became a great tool in promoting and highlighting the significance at a great scale. Theirs is a major share in joining senior positions in different major Banks like State Bank of India and ICICI Bank where they occupy the most covetous a placement as their top executive level. Many take it as notional but the fact is the said incumbents are able to justify their role as such by working hard with competent managerial capability of a high quality. It is quite in tune with the Vedic culture of respect for women with the saying “…yatra nariyastu poojyantey ramantey tatra devta” (angels are present where ladies are respected/worshipped).

SBI -Chaotic working conditions:

Image result for chaotic working conditions in state bank of indiaThe premier banking organisation in the country State Bank of India has no  more a good health suffer as it does from many an anomalies on operation front and popularity amongst workforce itself and also the banking public, more so in its offices abroad. No any business organisation can afford flourishing if it is sans goodwill of the people in general and the working personnel in particular. Staff is deprived of any incentive for the last several years that counts and the issues like pensionary benefits including that of an improved pension to the retirees which is pending for a long time in different courts of Law and bilateral tiers. The honest handling of transactional virtue too is suffering from a colossal parameter and the dealings are no more above board. Commision aspect is talk of the town in all places with fishy deals. StImage result for chaotic working conditions in state bank of indiaaff shortage is a curse that has overgulped the avenues of a better service to the customers. Looks like this once called a giant bank of global significance is reduced to the status of a pigmy money lender. In the process the dignity of labour too is miserably lost. Working hours for all categories of the personnel which were brought into effect after several trade union leaders had to lay down their life to fetch this demand are badly mutilated forcing again an unlimited sort of working hours at all administrative offices and the branches. There is no replacement on retirements and deaths and the staff strength is getting reduced day by day with the result that the residual employees are overburdened with huge workload which again adversely affects the requisite attention to the important customers. If ‘it is never too late to mend’ is the adage, it is high time for the top management of the Bank to mend their overall modus operandi to repair and rejuvenate the system and style of working.


 

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–developments:


I received a message on date as from one of the activists Rakesh Kumar Saxena the contents of which are yet to be authenticated but the same is reproduced here for the information of the pensioners, the retirees and the readers in general. They may apply their own sources for securing the authenticity on the issue. We shall be releasing necessary message to you all after the news is finally confirmed or it is the other way round.

Rakesh Kumar Saxena commented on your activity onWordPress.

Rakesh Kumar Saxena

October 13 at 12:28pm

This msg has been confirmed by Sri K P Rao ex GM . You can trust. [?][?][?][?][?][?][?][?] A Writ Petition filed 22/08/2016 by a group of SBI Pensioners in Delhi HC. WP admitted on 14/09/2016, with No 8085/2016. Relief claimed: (1) uniformly to all 50% of avg of last 12 months pay as pension (2) DA at qly intervals as paid to serving employees (3) periodical revision of pension with every salary revision (4) family pension @ 30% (min). Grant of all these reliefs within powers of Bank’s Board & no sanction of GoI required. WP prepared on basis of various SC & HC judgments, consultation with Sr advocates & reference to Pension Fund Rules & Regulations. About Rs. 9 lacs contributed by several Pensioners (including former Chairmen/MDs). Rs. 4.75 lacs spent till admission of WP. Much more money required. Appeal to all Pensioners & serving employees to contribute as much as they can, BUT REQUEST FOR MINIMUM OF Rs. 1,000/-. Contributions be remitted to Current Account No. 3520438380854 opened in names of Rajesh Rai, MMK Sardana & Umesh Sharma at Jagriti Vihar Branch, Meerut: Code:16607. IFS Code: SBIN0016607. After remitting contributions please SMS Umesh Sharma on 8979199558 giving details of name of remitter, city residing in, amount remitted & branch from where remitted. Details could also be mailed toumesh.sharma492@gmail.com. Details of WP & references posted on Team Meerut’s Facebook page. WP initiated by PPR Upadhyaya, Retd GM of Bangalore Circle now settled in Mysore. This WP different from one filed by Pensioners’ Federation many years ago before same HC. Latter has asked for only 50% of pay as pension and they made GoI made a party by which is not required. Please confirm it’s genuineness”