It’s after quite a gap that a write-up so drafted by KR Saini dealing with the current scenario on pension counter is being reproduced below. Several of the pensioners and the retirees from State Bank of India have all along been asking for it. It is for the readers to realise that whatever material KR Saini is providing is not just some casual reading stuff, it is in fact based on the situations obtaining at obstructing the necessary efforts to secure the requisite outcome. The feedback so offered by the author indeed strengthens the modus operandi to elicit what is desired and claimed. It would be much worth and fruitful if this post is perused in conjunction with that of Ramchandra Upadhyaya’s published on this blog on 14/01/2016 link of which is given below for Your ready reference. Your cooperation and support is earnestly solicited to make the movement a compounding success
Jan 03, 2016 @ 14:58:39 Edit
PROCEDURE ADOPTED FOR REVISION OF CEILING OF PAY FOR DETERMINATION OF PENSION IN CASE OF 10TH BIPARTITE RETIREES OF STATE BANK OF INDIA.
AS YOU ARE AWARE THAT 10TH BIPARTITE WAS SETTLED ON THE 25TH MAY,2015 AND BANK RECOMMENDED TO M.O.F FOR REVISION OF THE CEILING OF PAY FOR DETERMINATION OF PENSION IN JULY ,2015 AND BANK GOT THE APPROVAL/SANCTION IN OF NOVEMBER,2015 AND ACCORDINGLY BANK HAS NOW RELEASED THE PENSION TO 10TH BIPARTITR RETIREES IN DECEMBER,2015 ON THE 21ST DECEMBER,2015.IN APPROVAL/SANCTION LETTER ISSUED BY M.O.F THEY REQUESTED THE BANK FOR CARRYING OUT NECESSARY AMENDMENTS IN PENSION REGULATIONS TO THIS EFFECT MAYBE PROCESSED AS PER SECTION 50 OF STATE BANK OFINDIA ACT(23 OF 1955).
AFTER RECEIPT OF GOVERNMENT’S APPROVAL/SANCTION OF THE REVISION OF PENSION FOR 10TH BIPARTITE RETIREES,BANK APPROACH THE CENTRAL BOARD OF THE BANK ON THE 16TH DECEMBER,2015PENDING AMENDMENTS IN THE S.BI EMPLOYEES PENSION FUND REGULATIONS-2014 AND THEREAFTERSEEK PERMISSION OFTHE GOVERNMENT FOR NOTIFICATION IN THE OFFICIAL GAZETTE.THE SAME PROCEDURE IS FOLLOWED IN CASE OF 7TH ,8TH AND 9TH BIPARTITE.
THE ABOVE PROCEDURE IS FOLLOWED IN RESPECT OF EACH BIPARTITE SETTLED.TILL THE BANK GETS THE APPROVAL/SANCTION OF CIELING OF PAY FOR DETERMINATION OF PENSION ,BANK USED TO PAY THE PENSION TO ITS EMPLOYEES ON THE BASIS OF PREVIOUS SETTLEMENT/RULES.
UNFORTUNATELY THE PROPOSAL IN RESPECT OF 7TH AND 8TH BIPARTITES WERE SUBMITTED IN APRIL 2006 AFTER THE STRIKE IN APRIL2006 WHEN REVISION OF CEILING OF PAYFOR DETERMINATION OF PENSION HAS BEEN APPROVAD IN CASEOF 8TH BIPARTITE ONLY AND APPROVAL IN CASE OF7TH BIPARTITE RETIREES WAS NOT CCORDED BY THE M.O.F FOR THE REASONS BEST KNOWN TO M.O.F.NOW PROPOSAL FOR REVISIONOF PENSION OF PENSION OF 7TH BIPARTITE RETIREES HAS BEEN AGAIN SENT ON 27.04.2015 AND STILL PENDING WITH THE GOVERNMENT.
Having given narratives on different aspects of pension issues in State Bank of India, K R Saini, the author of this running serial, advises as to how the over all scenario on pension issues be summed up in a lucid manner to address a conclusive strategy on sorting out the problem. This Part 6 is the last but one post on the problem and the same is reproduced below. Last one follows as Part 7.
Aug 26, 2015 @ 10:15:18 Edit
PERSONAL VIEWS/SUGGESTIONS DEAR FRIENDS, I HAVE BEEN WRITING ON PENSION RULES/REGULATIONS AND VARIOUS COURT CASES DECIDED/PENDING IN THE HIGH COURTS FOR THE LAST ONE WEEK STARTING FROM THE 20TH AUGUST,2015. I FEEL THAT IT IS MY DUTY TO ADVISE YOU MY PERSONAL VIEWS/SUGGESTIONS FOR RESOLVING THE PENSION ISSUES IN STATE BANK OF INDIA.
AT THE OUTSET LET ME TELL THAT INDIVIDUAL RETIREES CANNOT DO ANYTHING ON THEIR OWN WAY TO RESOLVE A DECADE AND HALF OLD PENDING DEMANDS OF PAYMENT OF PENSION ON THE BASIS OF 7TH BIPARTITE PAY SCALES AND PENSION@50% OF THE AVERAGE 12VMONTHS SALARY AT THE TIME OF RETIREMENT(S). THERE IS NOTHING LIKE ANY SHORTCUT FOR SECURING OUR DEMANDS THAN LONG DRAWN UNITED/CONSISTENT ACTIONS FROM ALL THE RETIREES ORGANISATIONS INCLUSIVE OF PENSIONERS FEDERATION.
I HAVE IN MY WRITE UP DATED 25TH AUGUST,2015 ALSO MENTIONED ON THIS POINT THAT RETIREES HAVE LEFT NOW WITH ONLY TWO OPTONS (DIRECT DISSCUSSIONS WITH THE GOVERNMENT/BANK WHO CAN SETTLE OUR DEMANDS (b) PROCEED WITH LEGAL ACTIONS TO SECURE OUR RIGHTS. ANY PENSIONERS FEDERATION WILL PREFER THE FIRST PATH TO SORT OUT THE ISSUES . THIS IS THE REASON OUR PENSIONERS FEDERATION MET OUR CHAIRPERSON ON THE 6TH JULY 2015 TO SORT OUT TH ANOMALIES IN PENSION OF S.B.I. PENSIONERS.
HOWEVER, THERE ARE CERTAIN REALITIES WHICH WE ON OUR PART SHOULD NOT FORGET. RETIREES FIGHT IS WITH THE MIGHTY FORCE GOVERNMENT/BANK WHO ARE IN POWER IN OUR COUNTRY AND OUR BANK ACTS IN TUNE WITH ”HIS MASTER’S VOICE I.E. THE GOVERNMENT OF INDIA.
UNLESS THE POLITICAL MASTERS DECIDE IN OUR FAVOUR NOTHING WILL BE MATERIALISED. BANK RETIREES DO NOT CONSIST OF A BIG VOTE BANK OR A FORCE WHO CAN GO FOR ANY DIRECT ACTIONS LIKE SERVING EMPLOYEES CAN AFFORD TO DO. THEREFORE I SUGGEST THAT ONLY COLLECTIVE EFFORTS OF RETIREES ORGANISATIONS WITH CONTINUOUS FOLLOW UP WITH EXECUTIVES AT M.O.F AND BANK) AT THE HELM OF AFFAIRS WILL ONLY SUCCEED.
To be continued and concluded as Part 7:
KR Saini, the author of this write-up being one of his comments in the basic post ‘A cursory look on pension in State Bank of India’ picks up the thread from his earlier articles marked Parts 1,2 and 3 highlighting the very thesis of the issue in the context of judgments delivered by judicial quarters being different courts of law in the country. Presented with an academic flavor, the author expatiates the intricacies of the role of the Law involved in relation to pension issues in State Bank of India. The readers owe him a gratitude. The contents of his article are reproduced as under:
Aug 23, 2015 @ 02:50:01 Edit
IN CONTINUATION OF MY WRITE UP DATED THE 20TH,21ST AND 22ND AUGUST,2015.TO DAY I AM SUBMITTING MY COMMENTS ON THE FOLLOWING VERDICS DECLARED BY DIFFERENT HIGH COURTS IN FAVOUR OF 7TH BIPARTITE RETIREES BUT NOT IMPLEMENTED BY THE BANK/GOVERNMENT.
- (1) MADRAS HIGH COURT JUDGEMENT DECLARED IN 2008 BY A SINGLE JUDGE.
(2) KERALA HIGH COURT JUDGEMENT DECLARED IN 2010 BY A SINGLE JUDGE.
(3)CALCUTTA HIGH COURT JUDGEMENT DECLARED IN 2012 BY A SINGLE JUDGE.
(4) DELHI HIGH COURT JUDGEMENT DATED 6.04.2015 IN FAVOUR OF SHRI KIRAN KUMAR JAIPURIER (7TH BIPARTITE RETIREE) BY A BENCH OF 2 JUDGES.
MADRAS HIGH COURTJUDGEMENT DATED 16.10.2008.
FOUR WRIT PETITIONS FILED BY 157 PENSIONERS OF STATE BANK OF INDIA IN 2001 AND DURING THE HEARING OF THIS CASE BANK HAS PROPOSED TO REFIX THE PENSION AND VWAS AWAITING THE APPROVAL OF THE GOVERNMENT.
COURT VERDICT 16.10.2008——-TO CONSIDER THE PROPOSAL SENT BY THE S.B.I IN RESPECT OF D.A MERGER OF 1684 POINTS INDEX AND PASS APPROPRIATE ORDERS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF RECEIPT OF THE COPY OF THIS ORDER .THESE DIRECTIONS ARE TO THE GOVERNMENT.
THEN BANK FILED A REVIEW PETITION AGAINST THIS JUDGMENT BEFORE A DOUBLE BENCH OF MADRAS HIGH COURT AND WHEN THE DOUBLE BENCH WAS GOING TO DECLARE THE VERDICT BANK WAS ABLE TO TRANSFER THE WRIT PETITIONS TO SUPREME COURT IN JANUARY,2014. NOW TRANSFER PETITIONS 750 TOB758 ARE STILL PENEDING IN THE SUPREME COURT.NO HEARING TOOK PLACE AFTER 22.09.2014.
KERAL HIGH COURT CASE JUDGEMENT DATED 14.09.2010—-20 7TH BIPARTITE RETIREES FILED THIS WRIT PETITION IN 2003.
ORDER OF A SINGLE JUDGE.—–THIS JUDGEMENT IS BASED ON THE FACT THAT IF BANK CAN REVISE THE PENSION THE PENSION OF 8TH BIPARTITE RETIREES UNLESS AND UNTIL THE RULES ARE FORMALLY AMENDED BY THE PROCESS KNOWN TO LAW, ENHANCED PENSION CANNOT BE BE GIVEN TO THE EMPLOYEE OF S.B.I,THEN THAT SHALL ALSO BE UNIFORM APPLIED TO ALL PENSIONERS OF S.B.I AND IF ANY AMOUNT HAS BEEN PAID TO 8TH BIPARTITE RETIREES THAT SHALL BE PROMPTLY RECOVERD. STATE BANK OF INDIA SHALL TAKE A DECISION ON THIS BASIS OF THE ABOVE DIRECTION BUT BANK OBTAINED A STAY ORDER OF THIS JUDGEMENT AND STAY IS NOT VACATED YET.
CALCUTTA HIGH COURT JUDGEMENT DATED 13.09.2012–THIS CASE WAS FILED BY ONE AWARD STAFF EMPLOYEE NAMED SHRI SALILKUMAR GHOSH IN THE YEAR2003.
ORDER OF THE COURT
ACCORDINGLY,STATEBANK OF INDIA IS DIRECTED TO CALCULATE THE PENSIONERS’ BENEFITS(SHRISALILKUMAR GHOSH) ON THE BASIS OF THE REVISED PAY RECEIVED BY HIM UNDER THE 7TH BIPARTITE SETTLEMENT.THE PETITIONER HAS DIED IN 2014 AND BANK IS PAYING FAMILY PENSION ONLY.
DELHI HIGH COURT JUDGEMENT DATED6.04.20215 IN FAVOR OF KIRAN KUMAR JAIPURIER.
THIS JUDGEMENT IS BASED ON THE LEGAL POSITION WOULD BE THAT IF POST SUPERANNUATION OF AN EMPLOYEE WAGES ARE INCREASED FROM THE DATE ANTERIOR FROM A DATE OF SUPERANNUATION AND DIFFERENTIAL PAID FOR THE PURPOSES FROM THE DATE OF SUPERANNUATION THE LAST 12MONTHS DRAWING WAGES THE PENSION WOULD HAVE TO BE REFIXED KEEPING IN VIEW THE INCREASED PAY OF 7TH BIPARTITE SETTLEMENT.
- To be continued as Part 5
One mishap after the other circumstantially occurring claiming five deaths of near and dear ones in the family within a short span of merely about eight months shattered my physical faculties to the core pinning me to bed with some vague sort of an ailment or the other. I am not yet out of the setback with the result that my incapacitation still persists. The purpose of sharing this information with my readers is to remove their anxiety and suspense as to why I failed to write any post on this blog for so long a period after 29th January’2015. I had also to convey my sincere thanks to several of the readers who shared their concern with a grief stricken me. This post is an effort to re-harness myself to the tasks I have yet to pursue. My special thanks to Shri KR Saini who continued keeping the NewsPage of this blog fully updated even in my absence coupled with his regular writeups on pension issues although he is in America for quite sometime and is due back to India only in April this year.
This follow-up post has to be read in conjunction with its predecessor one as per the relative link given below:
After the above post was released on 5/6/14 this was suitably followed up. KR Saini, a veteran on pension issues in State Bank of India was good enough to provide certain self contained points in support of the submission so made to the Prime Minister Narendra Modi. These points in turn were forwarded by C.M. Kapur, a great enthusiast to champion the pensioners cause, to the local cell exclusively set up to monitor the grievances addressed to the Prime Minister at the level and behest of the BJP. The points so enumerated by KR Saini by way of his comments and since forwarded by C.M. Kapur (Chandra Kap00r) to the Local Cell are reproduced below:
DENIAL OF LEGITIMATE PENSION TO THE PENSIONERS OF STATE BANK OF INDIA RETIRED AFTER 31.10/1987.
17:05 (22 hours ago) to pmoffice, me
“We seek your kind help and intervention for securing the rightful pension benefits to the pensioners of State Bank of India,retired after 31.10.1987 and place here under,the details of our pension issues for your kind and just consideration.
(1) We wish to submit the pension scheme of State Bank of India provides for payment of pension to its employees at 50% of the monthly average salary for ba minimum pensionable service of 30 years,in terms of S..B..I Employees Pension Fund Rule 23(1).due to the directions issued by Government in 2000,basic pension was introduced on the basis of 50%/40% formula with effect from 1.03.1999..As a result of this formula,,at present,about 80% of the pensioners retired in the cadres of workmen and officers in Scale 1 are paid their pension subject to 50% of their salary .The pensioners in Scale 2 and above are paid their pension at 40% of their pay. We only seek payment of pension to all pensioners at 50% of salary prevailing at the time of retirement to all eligible pensioners with a minimum pensionable service of 30 years.
(2) Further all those retired drawing revised salary as per the 7th Bipartite Pay Scales are not being paid their rightful pension computed on their actual salary as on the date of their retirement but still are being paid considerably reduced pension computed (about 28% of the last drawn pay) on the basis of the pre revised Sixth Bipartite Pay Scales.We want payment of legitimate pension entitled on the basis of actual salary paid to the pensioners as per salary scales prevailing at the time of retirement.
(3) At present family pension is being paid to family pensioners on the basis of 15% of the last drawn pay of the pensioners,we want family pension @ 30% of the last pay drawn of the pensioners as in the case of R.B .I employees..
(4) We want 100% DA neutralization to pre 1.11.2002 retirees with effect from 1.05.2005 as in the case of R.B.I employees.”
Today’s date is important, particularly for the pensioners and their families, as it is observed as such through out the country. My sincere greetings and good wishes to all the pensioners and their families all over the country.
K.R. Saini, a veteran on the subject of pension, commented on one of my blog posts conveying his message which is of advantage to all the pensioners and is worth going through. I am reproducing it as it is hereunder for the benefit of the pensioners in particular and the readers in general. I do seek the good wishes of my valued readers for the pensioners and their families all over the country, and I am offering them (the readers) my sincere thanks in anticipation of their greetings. I am also thankful to K.R. Saini for his most valuable contribution in the matter of an issue like pension.
“DEAR SHRI NEELKANTH JI, AS YOU ARE AWARE THAT PENSION IS A RIGHT TO LIFE AND DECEMBER 17 IS CELEBERATED AS”PENSIONERS’DAY” ACROSS THE NATION.IT WAS ON THIS DAY IN 1982,PENSION WAS DEFINED AS A”DEFERRED WAGE” PAYABLE TO THE RETIREE TILL THE DATE OF DEATH BY THE SUPREME COURT,WHICH FURTHER DECLARED THAT GRANT OF PENSION IS NOT A BOUNTY BUT A RIGHT AND SOCIAL OBLIGATION OF THE GOVERNMENT UNDER THE CONSTITUTION. IN ANOTHER JUDGEMENT,THE COURT LAID DOWN THAT NO DISCRIMINATION IN THE MATTER OF PENSION BENEFITS CAN BE METED OUT TO PENSIONERS MERELY ON THE BASIS OF THE DATE OF RETIREMENT… THE BOMBAY HIGH COURT HELD THAT PENSION IS A VITAL ASPECT OF SOCIAL SECURITY AND THAT THE RIGHT TO RECEIVE IT CONSTITUTES A RIGHT TO LIFE . UNDER,THE CONSTITUTION.MOREOVER,IT HELD THAT PENSION MUST BE PAID REGULARLY IN THE FIRST WEEK OF THE MONTH.TO DEPRIVE A PENSIONER OF THE PAYMENT IS TO DEPRIVE HIM OR HER OF THE RIGHT TO LIFE . DELAYED PENSION PAYMENTS PLACE A PENSIONER IN A POSITION OF UNCERTAINTY AND DEPENDENCE WHICH IMPINGES ON THE QUALITY OF LIFE UNDER ARTCLE 21,AND THE RIGHT TO DIGNIFIED EXISTENCE OF THE AGED.THIS MEANS PENSIONERS COULD NOT BE LEFT TO THE MERCY OF THE ADMINISTRATION TO RECEIVE WHAT A MATTER OF RIGHT. IN LIGHT OF THESE JUDGMENTS,PENSION IS A PART OF RIGHT TO LIFE AND GOVERNMENT OF THE DAY SHOULD ACCEPT THE REALITY AND NOT ENCROACH UPON THE RIGHT TO LIFE OF THE PENSIONERS.THUS PENSIONERS MUST LEAD THEIR LIVES WITH A SENSE OF SELF- RESPECT AND DIGNITYT. K.R.SAINI”