CURATIVE PETITION HAS BEEN CERTIFIED HAVING MERITS AND SENT FOR FILING IN THE SC.

[Debasish Mukherjee]

FOR INFORMATION OF THE MEMBERS OF BANK PENSIONERS GOOGLE GROUPS.
----------------------------------------------------------------

Further to my posting on 01.5.2019 in reply to Mr.Satyanarayane Rao's posting about advice of AIBRF to
UBIREWA not to file Curative petition till XIth BPS is signed and my discussion with Mr.Debesh
Bhattacharya of UBIREWA on filing of Curative petition I like to inform that today again I talked to
Mr.Bhattacharya when Mr.Bhattacharya informed me that he already received his Curative petition
certified by an eminent lawyer duly certifying that the petition has merits and justified reasons for
filing the petition in the SC and Mr.Bhattacharya has already sent to his lawyer for filing the same in
SC. Mr.Bhattacharya also stated that though he was requested by AIBRF to defer filing of his petition
till XIth BPS is signed but he had discussions with several lawyers who had opined that there was no
need to defer filing of Curative petition during discussions of employees wage negotiations even though
there was the agenda of 100% D.A. payment issue to a section of denied retirees in the negotiation
since the authorities in the past arbitrarily discriminated only to a selected section from this
benefit without any justified reason while at the same time allowed the benefit to all others.

Debasish Mukherjee,
Member- Bank Pensioners Google Groups,
E.mail-...@rediffmail.com

[ravichemmayath ck]

Good News. Let us pray the ALMIGHTY for an early and favorable decision from S C. 

--
Visit our blog site http:://bankpensioner.blogspot.com
---
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bankpensione...@googlegroups.com.
Visit this group at https://groups.google.com/group/bankpensioner.
For more options, visit https://groups.google.com/d/optout.

[Shrinivas Parkar]

Perfect Mr. Debasish Sir.

--

[Anantharaman Tg]

Dear Sir,

Your message, after contacting the GS of UBIRWEA

reveals the correct position and clears doubts of many.

Thanks for the same. And also, complying with requests

of some members by not messaging in capital letters!

Anantharaman

--

[Inder Mohan Sharma]

Sh Debasish jee--Namaskar.

Your message conveying that the curative petition has been submitted to the lawyer for filing brings some solace and hope.

PL convey our support to Mr Bhattacharya.

On our part, let us collectively think of lending monetary support. We could do whatever is within our means. Shall I suggest say Rs 1000/- minimum.

Kind regards.

  I M Sharma.

[Shrinivas Parkar]

Mail of Shri Debasish Sir gives  ray of hope for pre-2002 Retirees. We pray to God that let UBIREWA get Hercules strength to overcome hurdles in their efforts to file Curative Application in Hon'ble Supreme Court.

[Debasish Mukherjee]

To,
Mr.Inder Mohan Sharma,

I did not ask Mr.Bhattacharya about monetary contribution by the retirees in his incurring legal
expenses. I am furnishing Mr.Bhattacharya's contact Nos. and the members of Bank Pensioners Google
Groups are free to approach Mr.Bhattacharya if he needs or will accept contributions for incurring
legal expenses for fighting the cause of the retirees.
9433017535 /9830501783.

Debasish Mukherjee,
E.mail-...@rediffmail.com

On Sun, 05 May 2019 16:44:11 +0530 "'Inder Mohan Sharma' via bankpensioner"
wrote

> Sh Debasish jee--Namaskar.
Your message conveying that the curative petition has been submitted to the lawyer for filing brings
some solace and hope.
PL convey our support to Mr Bhattacharya.
On our part, let us collectively think of lending monetary support. We could do whatever is within our
means. Shall I suggest say Rs 1000/- minimum.
Kind regards.
I M Sharma.








On Saturday, 4 May, 2019, 9:37:28 am IST, Anantharaman Tg

wrote:





Dear Sir,Your message, after contacting the GS of UBIRWEAreveals the correct position
and clears doubts of many.Thanks for the same. And also, complying with requestsof some members by not
messaging in capital letters!AnantharamanOn Fri, 3 May 2019 at 10:01, 'Debasish Mukherjee' via
bankpensioner wrote:FOR INFORMATION OF THE MEMBERS OF BANK PENSIONERS

[NSS]

Friends

IOBRA has already filed the Curative Petition on 15/02/2019. Diary Number is 6108/2019. It is yet to be registered. The petition has been filed in the name of Mr.C.R.Chandrasekaran as he was the original petitioner. The petition is filed against the Judgment in UBI Vs UBIRWA, as Review Petition of Mr.CR.Chandrasekaran which was against the Judgment in Mr.A.B.Kasturirangan and others Vs Canara Bank etc., was tagged with the UBI appeal. The Curative Petition Mr.Debesh Bhattacharya is reported to be filing soon will be against the same judgment and is likely to contain similar grounds as has been taken in the petition by IOBRA. Earlier, about six months back, some of the pensioners had remitted amounts to the Legal Fund account of UBIRWA towards filing the Curative Petition. However the Petition was not filed as was promised. This is for the information of the members.

Regards

N.Sankarasubramanian 

bankpe...@googlegroups.com.

Visit this group at https://groups.google.com/group/bankpensioner.
For more options, visit https://groups.google.com/d/optout.




--
Visit our blog site http:://bankpensioner.blogspot.com
---
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
To unsubscribe from this group and stop receiving emails from it, send an email to

bankpe...@googlegroups.com.

Visit this group at https://groups.google.com/group/bankpensioner.
For more options, visit https://groups.google.com/d/optout.





--
>
Visit our blog site http:://bankpensioner.blogspot.com
>
---
>
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
>
To unsubscribe from this group and stop receiving emails from it, send an email to

bankpe...@googlegroups.com.

[JSOMA SHEKARA]

Any monetary contribution should be voluntary and unconditional. Filing of curative petition depends on various process stipulated by SC. So blaming that even after contribution petitioner has not filed petition or blaming that case is  not argued well is unfair. Such members who expect certain returns for their contribution should not contribute at all. It should also be noted that our contribution may not cover even 25% of legal and other costs.We must also not forget that recently all pre-2002 retirees got arrears of more than a lakh thanks to sustained efforts of Mr.Palani, Mr. Murthy, and many others. We have not contributed anything to them.

To unsubscribe from this group and stop receiving emails from it, send an email to bankpensione...@googlegroups.com.

[Debasish Mukherjee]

Members should also know that Filing of Curative petition beside very cumbersome procedure and
expensive and has to be with sufficient and justified reasons duly certified by an eminent lawyer to
that effect. Further, we should also be ready for its defeat as Curative petitions rarely won the case.
And worst part of Curative petition is once it gets defeated the petitioner has to pay a heavy amount
of penalty. Even then Curative petition is the last resort after Review petition is lost.

Debasish Mukherjee,
Member- Bank Pensioners Google Groups,

E.mail- mumb...@rediffmail.com

On Tue, 07 May 2019 09:34:42 +0530 JSOMA SHEKARA wrote

>Any monetary contribution should be voluntary and unconditional. Filing of curative petition depends
on various process stipulated by SC. So blaming that even after contribution petitioner has not filed
petition or blaming that case is  not argued well is unfair. Such members who expect certain returns
for their contribution should not contribute at all. It should also be noted that our contribution may
not cover even 25% of legal and other costs.We must also not forget that recently all pre-2002 retirees
got arrears of more than a lakh thanks to sustained efforts of Mr.Palani, Mr. Murthy, and many others.
We have not contributed anything to them.

To view this discussion on the web visit
https://groups.google.com/d/msgid/bankpensioner/CAM%3DeiW2sRiv-sXGf4mQaH-
5UJOvuQkzhJioJN9e61We_h%3D874g%40mail.gmail.com.

[Shrinivas Parkar]

We do not have any option. We will not keep a single stone unturned. Once in 2014, we tried to rely upon UFBU & got backstabbed by way of Record Note. It may not be prudent once again to rely upon doubtful UFBU/AUBEA. As per my knowledge,  Penalty for losing Curative Application, if any, may not be more than Rs.5 lakhs, which is affordable. 

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/1557201882.S.27436.7763.f4-234-233.1557257409.20185%40webmail.rediffmail.com.

[Sankara Subramanian]

Friends

I am surprised to find members talking about penalty etc. Everything about Curative Petition has been discussed in this forum already. Can any one give one case where penalty was imposed ?. Mr.Debesh Bhattacharya has been telling for the past six months or more that he is getting the petition ready. He will not file the petition without permission from Mr.S.C.Jain. IOBRA has filed the Curative Petition on 15/02/2019. Mr.Ramji of IOBRA deserves all appreciation for filing the petition though he also was asked to wait till the conclusion of BPS.

N.Sankarasubramanian  

You received this message because you are subscribed to a topic in the Google Groups "bankpensioner" group.
To unsubscribe from this topic, visit https://groups.google.com/d/topic/bankpensioner/WVPj5MrZCYU/unsubscribe.
To unsubscribe from this group and all its topics, send an email to bankpensione...@googlegroups.com.

Visit this group at https://groups.google.com/group/bankpensioner.

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAKiUu2Udm1Pdu29%3Dv6bzR09cX4RSYz82ZUdrrMRTs7e%2Byh7-aQ%40mail.gmail.com.

[Debasish Mukherjee]

Mr.Debesh Bhattacharya has already sent his Curative petition to his lawyer for filing in the SC only
after receiving the petition duly certified that the petition is having justified reason from an
eminent lawyer which is a pre requirement for filing a Curative petition. Mr.Bhattacharya did not wait
for permission from Mr.S.C.Jain. Fine is imposed when a Curative petition gets defeated/rejected by a
Court.Whoever files/moves to a court seeking for justice against any injustice done deserves praise
irrespective of Association/ platform one belongs.

Debasish Mukherjee,
Member-Bank Pensioners Google Groups,
E.mail-...@rediffmail.com

On Thu, 09 May 2019 09:00:50 +0530 Sankara Subramanian wrote
>FriendsI am surprised to find members talking about penalty etc. Everything about Curative Petition

has been discussed in this forum already. Can any one give one case where penalty was imposed ?.
Mr.Debesh Bhattacharya has been telling for the past six months or more that he is getting the petition
ready. He will not file the petition without permission from Mr.S.C.Jain. IOBRA has filed the Curative
Petition on 15/02/2019. Mr.Ramji of IOBRA deserves all appreciation for filing the petition though he
also was asked to wait till the conclusion of BPS.
N.Sankarasubramanian  

On Wed, 8 May 2019 at 15:36, Shrinivas Parkar wrote:
We do not have any option. We will not keep a single stone unturned. Once in 2014, we tried to rely
upon UFBU & got backstabbed by way of Record Note. It may not be prudent once again to rely upon
doubtful UFBU/AUBEA. As per my knowledge,  Penalty for losing Curative Application, if any, may not be
more than Rs.5 lakhs, which is affordable. 

https://groups.google.com/d/msgid/bankpensioner/CAJzTdt84%3DDHYK4u8QJyesKranw0S%3DAKqRXdfg%3DNBpqgcXfDH
rg%40mail.gmail.com.

[Srinivasa Murti Devulapalli]

My Dear Friends,

In my opinion, there has been no concerted efforts on the part of Mr.Debesh Bhattacharyaji of UBIRWA to expedite filing curative petition.  He is instructed not to proceed filing CP under the directions of the leadership of AIBRF.   In fact, I had detailed discussion with Mr.Debeshji /ABK Rangan and others during the recent Silver Jubilee conference held at New Delhi on 1-3rd March, 2019 .  All my efforts did not evoke any positive response from the Petitioners.  They stick to the Organisational stance with regard to filing CP in 100% DA case.    
https://drive.google.com/file/d/1nOKi57ZInC5dwTKoZwqpJCPXxHTtn9_d/view?usp=sharing

During my recent personal encounter with the Legend Late Leader Com.Dr.B.Ramjee of IOBRA at his residence during my recent visit to Chennai,  The Late Legend Leader explained me the turn of events subsequent to the dismissal of Review Petition in 100% DA Case and his commitment and concern to file Curative Petition.  Accordingly He caused filing Curative Petition which is given Diary number by the Supreme Court which in all the probability would come up after summer vacation. 

We are deeply indebted to the :Late Legend Dr.B.Ramjee garu for his concerted action plan for the cause of the lamenting fraternity. 

I annex here my last communication to the Legend Dr.B.Ramjee garu dated 27th. March, 2019 in this connection. 

I feel, We are deeply indebted to the Legend for his commitment and concern for the cause of the Bank Workers. 


QUOTE: 

Srinivasa Murti Devulapalli <devulapa...@gmail.com>

27 Mar 2019, 18:07

My Dear Sri Ramjee gaaru,

Pranamams !

At the outset I invite your kind attention to my personal meeting accompanied by friend Sri Ramesh garu during our visit to your home on 13th instant. 

During our long pleasant encounter, You were kind enough to appraise us of  the details of  Curative Petition in 100% DA Case in the Appex Court being filed at your instance unmindful of the pressures exerted on you from different "quarters"  

A Constitution Bench of the Supreme Court will begin to hear five matters starting from today -ie.  March 27. 

This Bench of five judges will comprise Chief Justice of India Ranjan Gogoi and Justices NV Ramana, DY Chandrachud, Deepak Gupta, and Sanjiv Khanna.

Three of these judges –

Reacting to above, I made my following comment to the News item published in "Bar & Bench"  a popular Legal Magazine widely circulated among the judicial circles 

https://drive.google.com/file/d/1vcdZc46BSgmqALviuSf4NiS8zDBkLxVn/view?usp=sharing

This Assumes lot of importance in the wake of the Curative Petition (in 100%DA Case) now being filed at your instance, which is likely to come up shortly in Supreme Court before 5-Judge Full Bench headed by the Hon'ble Chief Justice of India.

In this back drop, I would like to put-forth my suggestion to appraise your learned legal counsel to ponder over  the  Points under :

The Doctrine Of Per Incuriam  as raised by my friend Sri Katari Satyanarayana garu as I too feel  for its  apt relevance in our  Curative Petition as it directly deals with the subject for the following reasons: 

01. Contracting stances taken by the Apex Judiciary while disposing of the two cases of identical nature. That too within a very short span of just 3 months( gap being between 13th. February, 2018* and 16th. May, 2018** besides keeping the judgment reserved for pronouncement for over 10 long months!

https://drive.google.com/file/d/1fkHK8zHZE-jCr8N8DJW8OGLkpstTOtg1/view?usp=sharing  

02.  The above factual position is directly related to the Doctrine of Per Incuriam as delved  at length by my learned friend Sri Katari Satyanarayana garu in his communication on the subject. 

https://drive.google.com/file/d/1fxpo2x6FzhoQKoBeVe9LOak6c20RzvDX/view?usp=sharing

https://www.youtube.com/watch?v=6GFnTDb4Ew8&t=206s  

With Greetings and Pranamams,

“|| यतो धर्मस्ततो जयः ||” IS THE ULTIMATE......

I Remain - Yours,

దేవులపల్లి శ్రీనివాస మూర్తి /Devulapalli Srinivasa Murti  

9989318300 (Whatsapp)

UNQUOTE: 

WITH RESPECTFUL TRIBUTES TO THE LEGEND LEADER COM. DR. B. RAMJEE GARU WHO ALWAYS LIVE IN OUR HERATS.....

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/1557372650.S.39172.25732.f4-234-118.1557429703.8392%40webmail.rediffmail.com.

For more options, visit https://groups.google.com/d/optout.

--

d s murti

[Srinivasa Murti Devulapalli]

--

d s murti

[Satyanarayana Rao]

Mr Murthy garu.Let us wait for 11th bps conclusion as directed by the Apex organisation. It is not fair to put our legs on two different boats and derail ourselves. It is logical to fallow the organisation direction irrespective of the out come in on going efforts bu unions. 

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAKUBVvcLVoROp%3D%2BX%2BTKRXUqJx6UtGj2rtjan6LaZLc9Cx0eVBg%40mail.gmail.com.

[Asok Bhaumik]

Respected D M Murti Sir, can you highlight the reasons as to why AIBRF stands against the filing of Curative petition.

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAKUBVvcLVoROp%3D%2BX%2BTKRXUqJx6UtGj2rtjan6LaZLc9Cx0eVBg%40mail.gmail.com.

[mohan p]

Dear Friend,

                        GS,AIBRF has already clarified on the subject and copy of same circular has been uploaded under this column earlier 

  Just for your information on the point referred the views of AIBRF is as follows

as per above said circular.

" The issue was discussed at AIBRF level as well in joint meeting 

of CBPRO & AIBRF where unanimous decision was taken to keep 

the decision on filing curative petition at the organisational level in 

abeyance for the time being in view of the on going negotiation on 

bipartite settlement, 100 DA demand is still pending issue for 

UFBU as per the Record Note dated 25.05.2015. 

Therefore 

organisational decision on filing curative petition may be taken 

after conclusion of the settlement. "

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAHyS6NyK9Z_EJY%3DFWpndghAbzSbYzVdwMcMF4svgXgoM8ATMKA%40mail.gmail.com.

[Lakshmanan Sankaranarayanan]

Since AIBRF does want to antagonise  AIBEA  It is soft over the issue of filing the Curative Petition.

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAHyS6NyK9Z_EJY%3DFWpndghAbzSbYzVdwMcMF4svgXgoM8ATMKA%40mail.gmail.com.

[Shrinivas Parkar]

Why AIBEA is annoyed if UBIRWA files curative application?

To view this discussion on the web visit https://groups.google.com/d/msgid/bankpensioner/CAJeRWHb1t53eJskk%2BXcY7phuA3-vhhAyU7m6CuJ74pEgZ5NxWA%40mail.gmail.com.