Payment of Commutation in respect of those who retired during the period from 1.4.1998 to 30.04.2005 – Civil Appeal No.6254/2012 and Contempt Petition No.209/2019

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Prasad C N

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Oct 21, 2019, 12:45:10 AM10/21/19
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Dear friends,

A copy of the letter sent to the Chairman, State Bank of India is attached, hereto.

Thanks, a Million. 

With regards, 
Prasad C N


----- Forwarded message -----
From: State Bank Retirees eABs retirees <stateban...@gmail.com>
Sent: Sunday, 20 October, 2019, 10:52:03 pm IST
Subject: Payment of Commutation in respect of those who retired during the period from 1.4.1998 to 30.04.2005 – Civil Appeal No.6254/2012 and Contempt Petition No.209/2019

Respected Sir,

 

 

This is further to our letter No.MIS/DFS/204 of the 3rd instant.  We have already brought to your kind notice with regard to orders of Hon’ble Supreme Court in Contempt Petition No.209/2019. 

 

In this regard, we are attaching a copy of the extract from the case details of Civil Appeal No.6254/2012 of All India Retired Bank Employees’ Association & Ors. Vs. Union of India & Ors.   We find that the State Bank of India is the Respondent No.17.  State Bank of Bikaner & Jaipur (Respondent No.2), State Bank of Hyderabad (Respondent No.23), State Bank of Indore(Respondent No.24), State Bank of Mysore (Respondent No.25) State Bank of Patiala (Respondent No.26) State Bank of Saurashtra (Respondent No.27) and State Bank of Travancore (Respondent No.28) are also respondents in this Civil Appeal.  We can also find that Shri Sanjay Kapur, Advocate, who represented State Bank of India in Contempt Petition No.209/2019 also appeared for Respondent/s – Banks in Civil Appeal No.6254/2012.  Further, State Bank of India was also one of the Respondents in W P (C) No.6907/2012.  Decision of Hon’ble Delhi High Court was reversed by Hon’ble Supreme Court in Civil Appeal No.5525/2012 & connected matters by allowing Civil Appeal No.6254/2012.   Therefore, issue of payment of Commutation is covered on all fours by the decision of Hon’ble Supreme Court in the Contempt Petition No.209/2019 of Shri H G Srinivasa Prasad & Ors Vs. Shri Rajnish Kumar.  Since, members of affiliates of State Bank Retirees’ Association are also members of All India Retired Bank Employees’ Association, all similarly placed retirees (i.e between 01.04.1997 and 30.04.2005) are entitled to receive all the benefits that flows from the decision of Hon’ble Supreme Court in Civil Appeal No.5525/2012 and connected matters together with decision of Hon’ble Supreme Court in Contempt Petition No.209/2012.  In the meantime, All India Bank Retired Bank Employees’ Association is initiating Contempt Proceedings against Indian Banks’ Association & all other Banks, who are Respondents in Civil Appeal No.6254/2012.  Despite order of Hon’ble Supreme Court in Contempt Petition No.209/2019, if the Bank continues to deny benefits ordered by Hon’ble Supreme Court in Civil Appeal No.6254/2012, it would be viewed as deliberate dishonour of the decision of Hon’ble Supreme Court, the highest seat of Justice in the Country.  In this regard, we are attaching a copy of the Circular letter by Indian Banks’ Association to Chief Executives of all its member Banks,  vide  letter No. HR&IR/Cir/G2/BRK/4684 dated  16th March, 2018. Extract from the Legal Opinion which was obtained from Shri S D Kelkar, Senior Partner, M/s. Kelkar & Associates, who is retained by Indian Banks Association finds place in this Circular letter of Indian Banks’ Association.  We are reproducing a relevant portion, for your kind information and immediate reference :

“

Ø  Banks being “State” within the ambit of Article 12 of the Constitution of India should act in fair and reasonable manner and should not restrict it only those who demand it.   Such stand, if any, adopted by the Banks may invite strictures from the Courts.”  

 

Above opinion is in respect of those who are not petitioners.  But, all erstwhile Associate Bank Retirees, who have retired from erstwhile Associate Banks during the period from 01.04.1998 to 30.04.2005 are not only entitled to the benefits ordered by Hon’ble Supreme Court as they are also members of All India Bank Retired Employees’ Association and consequently, petitioners,  but denying these benefits also attracts Contempt proceedings, again.  We believe that there is no need to explain consequences of such a situation.  

 

We find that the Bank has paid Commutation arrears of Rs.3.47 Crores together with interest of Rs.5.70 Crores, thereon to 615 petitioners from erstwhile State Bank of Mysore.  In case, these amounts were to be paid on 12th June, 2018, the Bank would have saved Rs.39.03 lakhs being interest for a period of 15 months.  Bank has also incurred expenditure for defending in Contempt Proceedings.  The loss on account of payment of interest for the delayed period and also Cost which is likely to be imposed in Contempt Proceedings to be launched by All India Bank Retirees’ Association, payable to remaining similarly placed pensioners from erstwhile Associate Banks, would be in multiples of the amount already paid. The orders of Hon’ble Supreme Court is not expected to be anything different from the orders of Hon’ble Supreme Court in Contempt Petition No.209/2019.  In any case, we do not expect our esteemed Bank, State Bank of India, to avoid and make efforts to deny these legitimate benefits to these erstwhile Associate Bank retirees.

 

Therefore, we request you to kindly order payment of Commutation to those who retired during the period from 01.04.1998 to 30.04.2005, without forcing these pensioners who are in the last quartile of their life and oblige.

 

Thanking you,

With regards,

Prasad C N

General Secretary,

State Bank Retirees’ Association

207 SBRA - 1616-1684 IBA.pdf
Circular by IBA CRS 2nd Option Pension.pdf
AIRBEA Case.docx

Rashmikant Bhatt

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Oct 21, 2019, 7:11:04 AM10/21/19
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Dear Shri Prasadji, I am Bank of India's pensioner sine 14/1/2001. Can I expect commutation arrears within a month with your efforts? God bless you. You are solo hope for poor retirees.I have no hesitation in saying that you are lord Krishna for poor retirees. We pray for your long life. RKBHATT.

Palachur Bhaskarrao

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Oct 21, 2019, 7:11:05 AM10/21/19
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Thank you Sir

Sincerely

Bhaskar rao
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Satyanarayana Rao

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Oct 21, 2019, 7:12:26 AM10/21/19
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I don't think the chairman of SBI will understand the contents of the letter addressed by the General Secretary of state state bank retirees association though he has explained in detail the need to respect and honour Supreme court order. The chairman of SBI has to apply his mind based on speaking order of karnataka high court and subsequent Supreme court's ruling and further ruling of Supreme court order in contempt petition proceedings. He should remember that he has tendered unconditional apology to Supreme court and assured that he will pay the arrears. Here the lower level circle development officer played mischief by paying commutation arrears with interest only to petitioners and submitted affidavit also to that extent. This has clearly exposed the mindset of SBI management that the bank can afford to deny the payments of commutation arrears to all eligible similarly placed beneficiaries. This is gross disobeying part of Supreme court order and the chairman of SBI has committed cognizable offence which is applicable to contempt  respondent ie the chairman of SBI. Therefore let the stabank retirees association speed up filing contempt case and take speedy steps to make sbi chairman to receive one more slap from the Supreme court and shall down the arrears with interest to all SBM commune members and e associate bank retirees on priority basis as per karnataka high court order and subsequent Supreme court order and subsequent Supreme court's ruling in contempt petition case against SBI. Hope things will move faster through legal battle and SBI will act only when  SBI chairman is punished. 


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Shankar Siva

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Oct 21, 2019, 7:12:48 AM10/21/19
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Sir, 

What about the VRS Pensioners of the SBI VRS scheme introduced in January 2001?

Is it only for SBI Associate banks?

I opted VRS in the SBI VRS scheme introduced & retired on 31-3-2001.

I retired as Clerk in Chennai & getting pension from April, 2001.

Will I get pension commutation arrears from SBI?

Thanking you, 

R. Sivasankar. 

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Dilip Deshpande

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Oct 21, 2019, 7:12:59 AM10/21/19
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Excellent job done by Respected Shri Prasad Sir. I feel that similar letter may be forwarded to each Bank, who were parties in the original case of 2012, by appropriate Association of Retirees. If Banks do not respond, Contempt Petition may be filed against Chairman & General Manager, HRD of each Bank. 

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Kishalaya

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Oct 21, 2019, 7:13:20 AM10/21/19
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It’s heartening to learn that at last ‘KUMBHAKARN’ is waking up slowly from its slumber. We should keep up beating drums and cornets with renewed enthusiasm till the contempt petition is filed by AIRBEA.

 

Sent from Mail for Windows 10

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Satyanarayana Rao

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Oct 22, 2019, 12:04:48 AM10/22/19
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The pension scheme available to Sbi retirees is different and not governed by the pension regulations of 1995. The associate bank retirees are governed by pension regulations 1995 and e SBM retirees have faught  the case in karnataka high court and the  favourable judgement was given and the Same is upheld by Supreme court. The SBI chairman has not implemented the court order and SBM pensioners commune filed contempt petition case against SBI and the court order payments of commutation arrears with interest 9% to eligible beneficiaries and the bank paid arrears with interest only to petitioners. The non petitioners are not paid the same  arrears though they are entitled. The e SBM retirees are are continuing  the legal battle against SBI and demanding justice. There fore as the pension scheme to S B i is different you are not eligible to the said commutation arrears. 

Pravin V

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Oct 22, 2019, 12:16:01 AM10/22/19
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Very elaborate presentation. Hope even belatedly wiser counsel will prevail and SBI will respond positively.
P D Vaidya

Debasish Mukherjee

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Oct 23, 2019, 12:09:09 AM10/23/19
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YES, AS PER MY INFORMATION THE IBA ADVISED OTHER BANKS IN THAT LINE AND IF THE INFORMATION IS CORRECT
THEN THE IBA HAS MISLEAD THE BANKS. WE MAY VERY WELL RAISE THE POINT OF SC JUDGEMENT DT.13.2.2018 IN
THE CASE NO.5525, MR.G.PALANI AND OTHERS vs. BANK OF BARODA & OTHERS IN WHICH JUDGEMENT THE SC STATED
WITH UPWARD REFIXING OF BASIC PENSION COMMUTATION FIGURES ALSO GET INCREASED REQUIRE DIFFERENCE OF
COMMUTATION ALSO TO BE PAID WHICH WAS NOT PAID IN 2018 BY MOST OTHER BANKS EXCEPT ONLY CANARA BANK.
WHEN CANARA BANK PAID IN 2018 ITSELF AND P.N.B. ALSO INFORMED RECENTLY THAT PNB IS IN PROCESS OF PAYING
COMM. ARREARS SHORTLY HOW OTHER BANKS CAN AVOID PAYMENT? REGULATIONS ARE CERTAINLY NOT DIFFERENT IN
THOSE TWO BANKS. HENCE ALL OTHER BANK RETIREES CAN ALSO EXPECT PAYMENT OF COMM.ARREARS.I AM FORWARDING
MR.SATYANARAYAN RAO'S VIEWS TO MR.G.PALANI & MR.K.R.GANESH RAO WHO ARE WELL AWARE IN THIS MATTER.

Debasish Mukherjee,
mumb...@rediffmail.com

On Tue, 22 Oct 2019 09:34:51 +0530 "'Satyanarayana Rao' via bankpensioner"
wrote

>The pension scheme available to Sbi retirees is different and not governed by the pension regulations
of 1995. The associate bank retirees are governed by pension regulations 1995 and e SBM retirees have
faught the case in karnataka high court and the favourable judgement was given and the Same is upheld
by Supreme court. The SBI chairman has not implemented the court order and SBM pensioners commune filed
contempt petition case against SBI and the court order payments of commutation arrears with interest 9%
to eligible beneficiaries and the bank paid arrears with interest only to petitioners. The non
petitioners are not paid the same arrears though they are entitled. The e SBM retirees are are
continuing the legal battle against SBI and demanding justice. There fore as the pension scheme to S B
i is different you are not eligible to the said commutation arrears.

Sent from Yahoo Mail on Android
On Mon, 21 Oct 2019 at 16:43, Dilip Deshpande wrote: Excellent job done by
Respected Shri Prasad Sir. I feel that similar letter may be forwarded to each Bank, who were parties
in the original case of 2012, by appropriate Association of Retirees. If Banks do not respond, Contempt
Petition may be filed against Chairman & General Manager, HRD of each Bank.On Mon, 21 Oct 2019, 10:15
am 'Prasad C N' via bankpensioner, wrote:Dear friends,A copy of the
letter sent to the Chairman, State Bank of India is attached, hereto.Thanks, a Million.With
regards,Prasad C N
https://groups.google.com/d/msgid/bankpensioner/1322998720.5443769.1571659831263%40mail.yahoo.com.
>

Rashmikant Bhatt

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Oct 31, 2019, 11:16:59 AM10/31/19
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Shri Prasadji, Supreme court had given one week 5ime to report all banks that they have paid commutation arrears. But except 2 banks no bank has paid it. Now straitaway we should advise supreme court ti take stringent steps against erring banks. Why there is so much delay? RKBHATT.

Satyanarayana Rao

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Nov 1, 2019, 12:15:41 AM11/1/19
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N0.The canara bank paid commutation arrears but recovered the Entire amount on same day in one lumpsum amount. SBI paid commutation arrears with interest only to petitioners and non petitioners were not paid through they are eligible. SBI  COMMUNE GENERAL Secretary has written letter to SBI Chairman to order payments of commutation arrears with interest to all eligible similarly placed beneficiaries as per karnataka high court order and subsequent Supreme court's ruling and subsequent Supreme court's decision in contempt proceedings case against SBI. WE are waiting for SBI chairman  response. If the chairman of SBI still disobeys apex court orders  we will  file one more contempt petition case against SBI for justice to all similarly placed beneficiaries of associate banks retirees. 



On Thu, 31 Oct 2019 at 20:47, Rashmikant Bhatt
Shri Prasadji,  Supreme court had given one week 5ime to report all banks that they have paid commutation arrears. But except 2 banks no bank has paid it.  Now straitaway we should advise supreme court ti take stringent steps against erring banks. Why there is so much delay?      RKBHATT.

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Debasish Mukherjee

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Nov 2, 2019, 12:13:55 AM11/2/19
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But after SC judgement dt.28.8.2019 Canara Bank refunded the recovered commutation paid to the retirees.
Debasish Mukherjee,
mumb...@rediffmail.com

Sent from RediffmailNG on Android





From: "'Satyanarayana Rao' via bankpensioner" <bankpe...@googlegroups.com>
Sent: Fri, 1 Nov 2019 09:45:45 GMT+0530
To: "bankpe...@googlegroups.com" <bankpe...@googlegroups.com>
Subject: Re: bankpensioner Payment of Commutation in respect of those

N0.The canara bank paid commutation arrears but recovered the Entire amount on same day in one lumpsum amount. SBI paid commutation arrears with interest only to petitioners and non petitioners were not paid through they are eligible. SBI  COMMUNE GENERAL Secretary has written letter to SBI Chairman to order payments of commutation arrears with interest to all eligible similarly placed beneficiaries as per karnataka high court order and subsequent Supreme court's ruling and subsequent Supreme court's decision in contempt proceedings case against SBI. WE are waiting for SBI chairman  response. If the chairman of SBI still disobeys apex court orders  we will  file one more contempt petition case against SBI for justice to all similarly placed beneficiaries of associate banks retirees. 


On Thu, 31 Oct 2019 at 20:47, Rashmikant Bhatt
Shri Prasadji,  Supreme court had given one week 5ime to report all banks that they have paid commutation arrears. But except 2 banks no bank has paid it.  Now straitaway we should advise supreme court ti take stringent steps against erring banks. Why there is so much delay?      RKBHATT.

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Chellappa Renganathan

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Nov 3, 2019, 12:00:54 AM11/3/19
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No.Sir.Canara Bank has not refunded the wrongly recovered commuation Amount so far.

PARASURAMAN K R

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Nov 3, 2019, 12:00:54 AM11/3/19
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Dear Mr. Debasish,

Don't confuse members with your statement that Canara Bank has refunded commutation after 28/8 court verdict. No such thing had happened. At least consult with your friends in CB n ascertain the facts before posting such statements.

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/1572581745.S.16925.22236.f4-234-219.1572623656.7642%40webmail.rediffmail.com.

GARIMELLA SESHAGIRIRAO

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Nov 3, 2019, 12:00:58 AM11/3/19
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It is not correct. canara bank had so far not refunded the commutation recovered last year till date to me.

 

Sent from Mail for Windows 10

 

Mohan Revathi

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Nov 3, 2019, 12:01:38 AM11/3/19
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It is a wrong information. Canara bank has not yet refunded the commutation amount recovered.

R. Mohan
Can bank retiree

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JSOMA SHEKARA

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Nov 3, 2019, 12:01:41 AM11/3/19
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Canara Bank has not yet refunded commutation amount recovered. But Sri.S.V.Srinivasan Gen Sev AICBRF is following up matter with Headoffice.

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/1572581745.S.16925.22236.f4-234-219.1572623656.7642%40webmail.rediffmail.com.

Atul Mangla

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Nov 3, 2019, 12:02:57 AM11/3/19
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Sir kindly note that Canara Bank has not payed back the recovery made for the differential commutation paid, as per the orders of Honourable Supreme Court, till date. However I will like to mention that The General Secretary of AICBRF has written a letter to the bank for the payment and the bank has to take the final decision.


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natarajan pv

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Nov 3, 2019, 12:04:16 AM11/3/19
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Dear Mukharjee Saheb,

Please see the reply rec'd from a ex Canada bk.

He says Canara bk has not refunded the recovered amount .


THANKS AND REGARDS,

P.V.NATARAJAN.‌
9445021712.

----- Forwarded Message -----
From: "Sivakumar A N" <ansiv...@gmail.com>
To: "Natarajan Pv Centurian Bank" <pv10na...@yahoo.co.in>
Cc:
Sent: Sat, Nov 2, 2019 at 15:26
Subject: Re: Fw: bankpensioner Payment of Commutation in respect of t
No Sir

On Sat 2 Nov, 2019, 9:48 AM natarajan pv, <pv10na...@yahoo.co.in> wrote:
Sir,

True ?



THANKS AND REGARDS,

P.V.NATARAJAN.‌
9445021712.

Acharya k gopala

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Nov 3, 2019, 12:04:17 AM11/3/19
to bankpensioner
Mr Mukherjee,
Will you pl.inform me the source of information that canara Bank refunded the recovered commutation.So far I have not received and there is no information as such from any of our collegues.


On Saturday, November 2, 2019 at 9:43:55 AM UTC+5:30, Debasish Mukherjee wrote:
But after SC judgement dt.28.8.2019 Canara Bank refunded the recovered commutation paid to the retirees.
Debasish Mukherjee,
mumb...@rediffmail.com

Sent from RediffmailNG on Android




From: "'Satyanarayana Rao' via bankpensioner" <bankpe...@googlegroups.com>
Sent: Fri, 1 Nov 2019 09:45:45 GMT+0530
To: "bankpe...@googlegroups.com" <bankpe...@googlegroups.com>
Subject: Re: bankpensioner Payment of Commutation in respect of those

N0.The canara bank paid commutation arrears but recovered the Entire amount on same day in one lumpsum amount. SBI paid commutation arrears with interest only to petitioners and non petitioners were not paid through they are eligible. SBI  COMMUNE GENERAL Secretary has written letter to SBI Chairman to order payments of commutation arrears with interest to all eligible similarly placed beneficiaries as per karnataka high court order and subsequent Supreme court's ruling and subsequent Supreme court's decision in contempt proceedings case against SBI. WE are waiting for SBI chairman  response. If the chairman of SBI still disobeys apex court orders  we will  file one more contempt petition case against SBI for justice to all similarly placed beneficiaries of associate banks retirees. 


On Thu, 31 Oct 2019 at 20:47, Rashmikant Bhatt
Shri Prasadji,  Supreme court had given one week 5ime to report all banks that they have paid commutation arrears. But except 2 banks no bank has paid it.  Now straitaway we should advise supreme court ti take stringent steps against erring banks. Why there is so much delay?      RKBHATT.

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Srirama Murti

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Nov 3, 2019, 12:09:02 AM11/3/19
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Dear friends,
though our Canara Bank General Secretary Shri Srinivasan has brought the judgement
of contempt case in supreme court to the notice of Canara Bank, pensioners have not
received the recovered amount. Canara bank is silent in the matter giving wrong
impression to the pensioners of other banks.
-S.S.R.Murthy 

GARIMELLA SESHAGIRIRAO

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Nov 3, 2019, 11:00:47 PM11/3/19
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I TALKED TO HOPENFUD SECTION YESTERDAY

 WHO CONFIRMED THAT THERE IS NO SUCH DIRECTION FROM APEX LEVEL.

 

Sent from Mail for Windows 10

 

From: Acharya k gopala
Sent: Sunday, November 3, 2019 9:34 AM
To: bankpensioner
Subject: Re: bankpensioner Payment of Commutation in respect of those

 

Mr Mukherjee,

Will you pl.inform me the source of information that canara Bank refunded the recovered commutation.So far I have not received and there is no information as such from any of our collegues.



On Saturday, November 2, 2019 at 9:43:55 AM UTC+5:30, Debasish Mukherjee wrote:

But after SC judgement dt.28.8.2019 Canara Bank refunded the recovered commutation paid to the retirees.

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android




From: "'Satyanarayana Rao' via bankpensioner" <bankpe...@googlegroups.com>
Sent: Fri, 1 Nov 2019 09:45:45 GMT+0530
To: "bankpe...@googlegroups.com" <bankpe...@googlegroups.com>
Subject: Re: bankpensioner Payment of Commutation in respect of those

N0.The canara bank paid commutation arrears but recovered the Entire amount on same day in one lumpsum amount. SBI paid commutation arrears with interest only to petitioners and non petitioners were not paid through they are eligible. SBI  COMMUNE GENERAL Secretary has written letter to SBI Chairman to order payments of commutation arrears with interest to all eligible similarly placed beneficiaries as per karnataka high court order and subsequent Supreme court's ruling and subsequent Supreme court's decision in contempt proceedings case against SBI. WE are waiting for SBI chairman  response. If the chairman of SBI still disobeys apex court orders  we will  file one more contempt petition case against SBI for justice to all similarly placed beneficiaries of associate banks retirees. 

 

On Thu, 31 Oct 2019 at 20:47, Rashmikant Bhatt

Shri Prasadji,  Supreme court had given one week 5ime to report all banks that they have paid commutation arrears. But except 2 banks no bank has paid it.  Now straitaway we should advise supreme court ti take stringent steps against erring banks. Why there is so much delay?      RKBHATT.

 

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Satyanarayana Rao

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Nov 3, 2019, 11:00:48 PM11/3/19
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If the canara bank has not paid commutation arrears with interest the canara bank retirees association should demand the payments of commutation arrears with interest as per court order if not paid even after demand the association should file contempt petition case against canara bank.The same principle and procedure to be followed by respective bank vise retirees associations to get the benefits to all eligible beneficiaries. Still if you need any correct information and guidance pl contact Shri C.N.Prasad the General secretary of State bank retirees association in SBM commune office c/o SBI Bangalore br for details etc.



natarajan pv

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Nov 3, 2019, 11:00:48 PM11/3/19
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Can Srinivasan go against AIBEA or it's fraternal Retirees association ? They have openly taken a stand against the SC ruled recovery method. They have the audacity to question SC ruling.

Hence, Srinivasan is unlikely to pursue.




THANKS AND REGARDS,

P.V.NATARAJAN.‌
9445021712.

Debasish Mukherjee

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Nov 3, 2019, 11:06:18 PM11/3/19
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Some members of this Blog posted in that respect that after SC judgement dt.28.8.2019 Canara Bank
decided and informed the elligible retirees that the Bank would refund the recovered amount.

Debasish Mukherjee,
mumb...@rediffmail.com

On Sun, 03 Nov 2019 09:34:20 +0530 Acharya k gopala wrote
>Mr Mukherjee,Will you pl.inform me the source of information that canara Bank refunded the recovered

JSOMA SHEKARA

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Nov 4, 2019, 5:22:08 AM11/4/19
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I am giving facts about Canara Bank implementation of SC verdict/
Sri. S.V.Srinivasan since 13.02.2018 is a sincere leader and committed to get justice to pensioners. Ever since SC verdict darted 13,02,2018  uploaded  he continuously monitored disbursement of arrears. He used to inform members progress in disbursement periodically and  due to his consistent follow up Canara Bank Paid commutation arrears with 9% Interest to 90% of eligible pensioners with in SC fixed deadline of 13th June 2018. Gradually rest of the pensioners also received arrears. However we felt arrears received is less. Some argued that full arrears paid but Commutation is recovered.
Later on it was revealed that due to some  confusion pension arrears were not paid. Sri SVS immediately took up the matter with HO and Pension arrears were also disbursed with interest during Dec 2018 but commutation recovery was done in lump sum.
Since then Sri SVS is trying to convince Bank to refund recovery made in limps um. He is still in the process of that job.
Rest read in his own words extracted from his recent letter of Oct 2019.
I am confident we will get refund though with some delay. No other retiree leaders has done such follow up.
********************************************************************

since the date of uploading of the Apex Court Judgement, we have been consistently taking up a principled stand supported by Pension Regulations 1995, SC Judgement, and also prevailing methods and practices enshrined in the amended Central Civil Services Commutation Rules etc. However, the management right from the beginning, did not agree with our views on recovery of differential commutation. 

After our meeting with the new Institutional leader Sri R A Sankara Narayanan who took charge in our bank as MD & CEO, we continued to pursue the matter organizationally. In the meantime, the Supreme Court passed an order with regard to Contempt Petition No: 209-311/2019 filed by Sri H G Srinivasa Prasad & Others Vs Sri Rajnish Kumar, Chairman, SBI, upholding Pension Regulations and Karnataka High Court judgements in favour of the Pensioners community Vide its Order dated 28.08.2019.

 

Again we have represented to the Chairman in the recent past requesting for refund of wrongful recovery made from Pensioners Arrears towards differential commutation amount.   

 

You may be aware that in the last month, we held our 3rd Triennial Conference at Hyderabad, wherein resolution was passed authorizing the General Secretary to pursue the matter further keeping all options open.  

 

Indeed, we are committed to securing refund of the commuted amount deducted incorrectly and to commence recovery for 15 years only after crediting differential amount of commutation to Pensioner’s account. We are moving in this direction and request you to please stand with us by having better appreciation of the constraints we are facing.

 

We are confident that we will succeed in our efforts in securing justice to this segment of pensioners retired between 01-04-1998 and 30-04-2005, although with some delay. 

*************************



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natarajan pv

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Nov 4, 2019, 11:04:44 PM11/4/19
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Noted Sir. Tku. 

However the retirees assiciation questioning the SC verdict on method of recovery and siding with Managements interpretation is a cause for concern.

Hence, Srinivasan may be asked to keep away by the association, was my concern. 




THANKS AND REGARDS,

P.V.NATARAJAN.‌
9445021712.

Satyanarayana Rao

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Nov 4, 2019, 11:05:43 PM11/4/19
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We wish that Shri. Srinivasan  all success and really appreciate his sincere efforts in getting the refund of recovered commutation with interest on the wrongful  recovery in one lump sum.



Asok Bhaumik

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Nov 6, 2019, 5:34:40 AM11/6/19
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Even after lapses of two months since 28.08.19  (SC judgement dated) no bank (except SBM that too petitioners only) seems to have paid commutation arrears along with interest@9%. How dare the bank management not to honour the SC judgement? What is happening? Either banks pay or go for review petition against the judgement. This inaction is just humiliation to super senior pensioners.

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Shrinivas Parkar

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Nov 6, 2019, 11:42:13 PM11/6/19
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Review is impossible because the Respondent Bank has already filed apology & escaped from punishment for Contempt. Nobody  will go for Review in case of Contempt Petition,  because possibility of bumrang, i.e.  the punishment of imprisonment may be for individual Chairman or GM-HRD, GM-Legal at the sole discretion of Hon'ble Supreme Court. By payment of commutation arrears, Bank will be sufferrer, but in case of imprisonment,  it will be for individual. Which Bank Officer/ Executive will take such personal responsibility?

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bhaskara sarma

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Nov 6, 2019, 11:43:49 PM11/6/19
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This is contempt of Supreme Court.

2401

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Chandrasekaran V

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Nov 6, 2019, 11:45:30 PM11/6/19
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PNB has started crediting difference of commutation with interest.  Details of the credit yet to be ascertained.

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAHyS6NwTfMgFjDaJd5m1md4KLq6ezj5zmL3b8_aw1pEvpRtWiw%40mail.gmail.com.

Satyanarayana Rao

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Nov 6, 2019, 11:47:45 PM11/6/19
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It is neither humiliation nor reward to retirees. We are in a system in which there is no competent authority to question the inactive functioning of the government and their agencies like banks and IBA. Unless the concerned defying executives are punished they will not implement  the highest court orders. The retirees associations are passive in aggressively fighting  the banks by filing contempt petition case against their respective banks. There fore the defying bank executives and IBA are playing mischief and escaping from their duties. Only Shri C.N.Prasad of SBM commune can explain the situation where in the helpless retirees are placed. Let us wait for some time to hear the developments that are taking place in fighting against banks negative attitudes toward court orders. 



Shrinivas Parkar

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Nov 7, 2019, 5:38:13 AM11/7/19
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PNB Chairman is also Chairman of IBA

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manoj kumar Majumdar

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Nov 7, 2019, 5:40:49 AM11/7/19
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Friends,    Be informed that Punjab National Bank has already initiated the measures to credit commutation arrears to the accounts of eligible retiree’s. we have information that process has begun  since last two days and many of our colleagues reportedly obtained credit into their accounts.

Mohan Revathi

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Nov 7, 2019, 11:14:08 PM11/7/19
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No.  Now SBI chairman is chairman of IBA.

R. Mohan
CB Retiree

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Sudesh Kalra

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Nov 7, 2019, 11:14:08 PM11/7/19
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Sir
Any news from Bank of India , whether BOI has also started crediting the Commutation Arrears and Interest.
Kindly intimate.
S K Kalra
9311283095

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Satyanarayana Rao

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Nov 7, 2019, 11:15:25 PM11/7/19
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So.What?He will not take any decision on his own unless there is demand and pressure and court notice to act.



Shrinivas Parkar

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Nov 8, 2019, 5:24:52 AM11/8/19
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Shri Kalra Sir, please call Bank of India, HO, TBD on direct Phone no. 02266684814 to get information on probable date of payment of Commutation Arrears by Bank of India.

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nagtaya G

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Nov 9, 2019, 5:42:09 AM11/9/19
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has Canara Bank given


On Thu, 31 Oct 2019 at 20:46, Rashmikant Bhatt <rkbha...@gmail.com> wrote:
Shri Prasadji,   Supreme court had given one week 5ime to report all banks that they have paid commutation arrears. But except 2 banks no bank has paid it.  Now straitaway we should advise supreme court ti take stringent steps against erring banks. Why there is so much delay?       RKBHATT.

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Sudesh Kalra

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Nov 9, 2019, 11:18:03 PM11/9/19
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Respected Prasad Sir,
Pl. write and forward the mail to  The Chairman, Bank of India too.
Regards

On Mon 21 Oct, 2019, 10:15 AM 'Prasad C N' via bankpensioner, <bankpe...@googlegroups.com> wrote:
Dear friends,

A copy of the letter sent to the Chairman, State Bank of India is attached, hereto.

Thanks, a Million. 

With regards, 
Prasad C N


----- Forwarded message -----
From: State Bank Retirees eABs retirees <stateban...@gmail.com>
Sent: Sunday, 20 October, 2019, 10:52:03 pm IST
Subject: Payment of Commutation in respect of those who retired during the period from 1.4.1998 to 30.04.2005 – Civil Appeal No.6254/2012 and Contempt Petition No.209/2019

Respected Sir,

 

 

This is further to our letter No.MIS/DFS/204 of the 3rd instant.  We have already brought to your kind notice with regard to orders of Hon’ble Supreme Court in Contempt Petition No.209/2019. 

 

In this regard, we are attaching a copy of the extract from the case details of Civil Appeal No.6254/2012 of All India Retired Bank Employees’ Association & Ors. Vs. Union of India & Ors.   We find that the State Bank of India is the Respondent No.17.  State Bank of Bikaner & Jaipur (Respondent No.2), State Bank of Hyderabad (Respondent No.23), State Bank of Indore(Respondent No.24), State Bank of Mysore (Respondent No.25) State Bank of Patiala (Respondent No.26) State Bank of Saurashtra (Respondent No.27) and State Bank of Travancore (Respondent No.28) are also respondents in this Civil Appeal.  We can also find that Shri Sanjay Kapur, Advocate, who represented State Bank of India in Contempt Petition No.209/2019 also appeared for Respondent/s – Banks in Civil Appeal No.6254/2012.  Further, State Bank of India was also one of the Respondents in W P (C) No.6907/2012.  Decision of Hon’ble Delhi High Court was reversed by Hon’ble Supreme Court in Civil Appeal No.5525/2012 & connected matters by allowing Civil Appeal No.6254/2012.   Therefore, issue of payment of Commutation is covered on all fours by the decision of Hon’ble Supreme Court in the Contempt Petition No.209/2019 of Shri H G Srinivasa Prasad & Ors Vs. Shri Rajnish Kumar.  Since, members of affiliates of State Bank Retirees’ Association are also members of All India Retired Bank Employees’ Association, all similarly placed retirees (i.e between 01.04.1997 and 30.04.2005) are entitled to receive all the benefits that flows from the decision of Hon’ble Supreme Court in Civil Appeal No.5525/2012 and connected matters together with decision of Hon’ble Supreme Court in Contempt Petition No.209/2012.  In the meantime, All India Bank Retired Bank Employees’ Association is initiating Contempt Proceedings against Indian Banks’ Association & all other Banks, who are Respondents in Civil Appeal No.6254/2012.  Despite order of Hon’ble Supreme Court in Contempt Petition No.209/2019, if the Bank continues to deny benefits ordered by Hon’ble Supreme Court in Civil Appeal No.6254/2012, it would be viewed as deliberate dishonour of the decision of Hon’ble Supreme Court, the highest seat of Justice in the Country.  In this regard, we are attaching a copy of the Circular letter by Indian Banks’ Association to Chief Executives of all its member Banks,  vide  letter No. HR&IR/Cir/G2/BRK/4684 dated  16th March, 2018. Extract from the Legal Opinion which was obtained from Shri S D Kelkar, Senior Partner, M/s. Kelkar & Associates, who is retained by Indian Banks Association finds place in this Circular letter of Indian Banks’ Association.  We are reproducing a relevant portion, for your kind information and immediate reference :

“

Ø  Banks being “State” within the ambit of Article 12 of the Constitution of India should act in fair and reasonable manner and should not restrict it only those who demand it.   Such stand, if any, adopted by the Banks may invite strictures from the Courts.”  

 

Above opinion is in respect of those who are not petitioners.  But, all erstwhile Associate Bank Retirees, who have retired from erstwhile Associate Banks during the period from 01.04.1998 to 30.04.2005 are not only entitled to the benefits ordered by Hon’ble Supreme Court as they are also members of All India Bank Retired Employees’ Association and consequently, petitioners,  but denying these benefits also attracts Contempt proceedings, again.  We believe that there is no need to explain consequences of such a situation.  

 

We find that the Bank has paid Commutation arrears of Rs.3.47 Crores together with interest of Rs.5.70 Crores, thereon to 615 petitioners from erstwhile State Bank of Mysore.  In case, these amounts were to be paid on 12th June, 2018, the Bank would have saved Rs.39.03 lakhs being interest for a period of 15 months.  Bank has also incurred expenditure for defending in Contempt Proceedings.  The loss on account of payment of interest for the delayed period and also Cost which is likely to be imposed in Contempt Proceedings to be launched by All India Bank Retirees’ Association, payable to remaining similarly placed pensioners from erstwhile Associate Banks, would be in multiples of the amount already paid. The orders of Hon’ble Supreme Court is not expected to be anything different from the orders of Hon’ble Supreme Court in Contempt Petition No.209/2019.  In any case, we do not expect our esteemed Bank, State Bank of India, to avoid and make efforts to deny these legitimate benefits to these erstwhile Associate Bank retirees.

 

Therefore, we request you to kindly order payment of Commutation to those who retired during the period from 01.04.1998 to 30.04.2005, without forcing these pensioners who are in the last quartile of their life and oblige.

 

Thanking you,

With regards,

Prasad C N

General Secretary,

State Bank Retirees’ Association

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Debasish Mukherjee

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Nov 10, 2019, 11:15:16 PM11/10/19
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Mr.Prasad, your letter to the Chairman, S.B.I. raising for payment of commutation arrears referred SC
Judgement vide SC Case No.6254 of 2012. Pls. confirm whether the case no.6254 of 2012 or case no.5525
of 2012 since the IBA advised the Banks to pay arrears on D.A.1616-1684 referring the SC Case No. 5525
of 2012 wherein the SC also directed to pay commutation arrears. Correct case reference No. has to be
quoted by the retirees of other Banks who have not yet been paid commutation arrears as per SC order.
Pls.confirm the correct case No.

Debasish Mukherjee,
mumb...@rediffmail.com



On Sun, 10 Nov 2019 09:48:06 +0530 Sudesh Kalra wrote
>Respected Prasad Sir,Pl. write and forward the mail to  The Chairman, Bank of India too.Regards
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>

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