COURT DISMISS WP ON RESTORATION PERIOD OF COMMUTATION

[MOHAN P]

In a notable ruling, the Allahabad High Court has reaffirmed the binding nature of pension commutation agreements, dismissing a writ petition challenging the 15-year restoration

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Case :- WRIT - A No. - 17819 of 2024 Petitioner :- Ashok Kumar Agarwal And 48 Others Respondent :- Union Of India And Another

"Having accepted such offer, a binding contract comes into existence between the employee and the employer as per which the original pension is to be restored after 15 years. Having acquiesced to the commutation policy with open eyes, it is not open for the retiring employee to contend later that the period of restoration of full pension be reduced from 15 years to 10 years. Whether or not the lumpsum amount gets equalised on expiry of 10 years or 11 year is not decisive or material"

See below:

[JSOMA SHEKARA]

The judgment clearly specifies that our retirement benefits are as per agreement between Banks and Unions.

These issues like restoration of commutation before 15 years, updation of pension, can be resolved by amending pension regulations through mutual agreement between IBA and UFBU.

The above judgment also raises concern about the fate of updation case SLP 5561/2016 pending in the Supreme Court.

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[Ravi Kumar]

But what about the Punjab and Haryana High Court which  stayed recovery of the commutation amount?

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[Anantharaman Tg]

Sri Somashekara,

Your last sentence in to-days mail expressing

concern over the likely result of the impending

case at SC.

It is for the lawyers presenting our issue to highlight

the position and plight of the pensioners. For the Court

IBA, UFBU and Petitioners are equal .

 

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[raju]

[JSOMA SHEKARA]

IBA and UFBU  can discuss and amend pension regulations at any time to provide for 

1. Updation  2. Pension to resignees 3. pension benefits on special pay 4. restoration of commutation in 10-12 years.  

There is no court stay regarding any of these issues.

Out of these Pension to resignees has been implemented.

IBA concerns like insufficient funds can be discussed by both iBA and UFBU and sorted out  by implementing the  updation in stages or spreading the cost over next 5 years.

But as we are aware discussions on these issues have not even started and Unions are falsely claiming followup

on residual issues.    

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[JSOMA SHEKARA]

CJIs appointed  have short terms of service. Our case was ordered to be  listed on 20th Nov 2024, but Hon.Chief justice who  took oath as CJI on Nov 1 2024 and  is retiring during May 2025, brought changes in the listing procedure and our case got postponed.It is reported that after him Hon.Justice B.R. Gavai will take over as CJI of SC.. His term is also short as he is going to retire during Nov 2025. Their priorities may be different and our case may not be listed anytime soon.

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAGpzJrAgVfMkVM2FV-X-GhoYH84waUh6v0wKb84Qcn_Bu6rpAA%40mail.gmail.com.

[Narayanan Kasthurirengan]

All of us are anxiously discussing reduction of commutation period comparing ourselves with state/central govt pensioners - we are obviously covered under a industry-wise settlement.
Unfortunately pension settlements are signed by serving employees unions and pensioners have no say over that.  In fact retrospective recovery of second and subsequent commutation (on account of  retrospective salary revision) is an illegal step by the banks. Even for putting a coma or full stop banks are referring to IBA and Iba also intervenes on all matters to clarify.  But for commutation recovery alone IBA maintains total silence and inspite of pensioners raising the issue, banks will not seek clarification from IBA. The serving employees unions will not raise this issue.  Pension settlement clearly states that in case of doubt/dispute, reference may be had from central civil pension commutation rules.
In reply to my RTI application in this regard,
SBI says ' recovery always from date of  payment of commutation amount'
Canara Bank says ' commuted portion will not be recovered till the date preceding the date on which commuted value is paid'

Other banks say'always from date of retirement'

This means banks are free to interpret the commutation rules as they like.
Now you think for s while.
If we cannot achieve what is clearly available in settlement, how can we achieve a new demand.

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[Gopalakrishnan Ramachandran]

Listing the case is the prerogative of the judges. However the registrar is the one who decides the listing, of course in consultation with the judges. So the advocates with their good rapport with the registrar can try for early listing. The registrar needs to be convinced about the urgency of the matter. The capability of our advocates is on the test now.

G Ramachandran 

CB-SVRS 

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[Gopalakrishnan Ramachandran]

The above things are not top secrets and both UFBU and IBA are aware of them. While IBA tries to postpone the updation as long as possible, UFBU is reluctant even to put a step forward. As such how things will move is anybody's guess.

G Ramachandran 

 CB-SVRS.

On Sat, 25 Jan, 2025, 14:28 JSOMA SHEKARA, <jsomase...@gmail.com> wrote:

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[yogendra singhal]

It is not binding  contract.
4 states and CAT of Mumbai  and Delhi  have ordered reduction  of recovery  period to 12 years. We should  file PIL against  it in SUPREME COURT.

On Sat, 25 Jan, 2025, 14:28 JSOMA SHEKARA, <jsomase...@gmail.com> wrote:

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAM%3DeiW36aCnDrWhCSENvy4gbCYUQrRZDxTXtQ4Bq%2B%3D%2BJ5ka%2Byg%40mail.gmail.com.

[MOHAN P]

Interestingly, as per Office Report of  Apex Court(Asst.Registrar)dt 12th Nov'24, in the matter of Updation of Pension case SLP. C 5561/2016 filed by late M. C. Singla and ors  case was mentioned for early hearing and relevant part of report state follows;

"Neither Counsel for the appellants nor Counsel for the respondents has filed Statement of Case so far.

It is further submitted that C.A. No. 7993/2024 was mentioned before the Hon'ble Court on 22.10.2024, when the court was pleased to pass the following order:

"I. A. No. 206862/2024 is disposed of.

List the appeal along with connected cases on 20th

November, 2024."

The appeals above mentioned are listed before the Hon'ble Court with this office

report.

Dated this the 12th day of November, 2024.

Since then no listing was made and new guidelines was announced by court for cases to be listed. Now two months are already over and no body know when the case will be listed for final hearing. 

Let a verdict come, whatever it may be, so that at least IBA may not come with statement as 'subjudice' to discuss the issue. ( Even otherwise what prevent IBA to discuss and resolve the issue now, is not known, if they wish!) 

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[yogendra singhal]

Our case was not presented properly. 4 states and 2 CAT ( MUMBAI  and DELHI) have already reduced it to 12 years.
It is not a contract. It is simply advance receipt of our own amount.  Bank are also charging  fluctuating rate of interest during the term .

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAMCbyDQzLqV5i%3DJ4kX90Nc2XEupsy9m9x2A8dFJCteTzv%2BO6Fw%40mail.gmail.com.

[Ramani Konnayar]

As I had mentioned in my earlier mails, 

only when the Unified Pension Scheme is extended to employees of PSBs who are now under NPS, UFBU will start fighting seriously for updation of pension under OPS so that it can act as a precedent to claim updation under UPS, in future. 

Till that happens, UFBU will keep doing only lip service to the cause of updation. 

K N Ramani

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAMCbyDQzLqV5i%3DJ4kX90Nc2XEupsy9m9x2A8dFJCteTzv%2BO6Fw%40mail.gmail.com.

[premchand jaswal]

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