Impact of 6352 points merger.

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Kishalaya

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Oct 30, 2019, 7:17:54 AM10/30/19
to bankpe...@googlegroups.com, Sanjay J

Dear friends,

I am attaching herewith one excel sheet showing impact of 6352 points merger of DA with existing basic pension with 0.07% rate of DA on the remaining 203 slabs. One should enter the basic pension amount in the yellow column and press ENTER to get the new basic pension, DRF,DR and total pension. Comparison can be made with the other sheet appearing in this workbook itself.

Kishalaya Mukherjee.

 

Sent from Mail for Windows 10

 

Different DR rates.xls

Sanjay J

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Oct 30, 2019, 7:18:19 AM10/30/19
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Dear Sir,

You are GREAT. There is a debate going on about this 6352 topics merger. Some feel it is too early to talk about this, some come out with observations that only a particular section of pensioners will get the benefit and some say that it will not happen at all. Now the calculation is ready and available on hand, one could very well see its impact on his pension, if and when it happens. 

Whether or when will it happen is secondary. Since the talk is in the air, it is quite natural that one would wonder its impact on his pension in the future. 

At the first glance, one could very well see your painstaking effort in making this excel sheet.

Thanks a ton for your contribution.

Asok Bhaumik

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Oct 31, 2019, 2:27:12 AM10/31/19
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Oiling moustache when jackfruits are on the tree.

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Pal Rekhi

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Oct 31, 2019, 2:27:15 AM10/31/19
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Sir
File is not opening. 
Resend the same again. 

Joginder Verma 

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Dorai Krishnamurthy

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Oct 31, 2019, 2:31:55 AM10/31/19
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I am not able to enter basic pension in the yellow
 Column. Pl clarify.

K. Dorai

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JSOMA SHEKARA

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Oct 31, 2019, 2:38:54 AM10/31/19
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I am reproducing an extract from BEFI regarding BPS proceedings dated 18.10.2019.

The IBA assured to provide data regarding Family Pension to UFBU. We demanded the data for other pensioners also for calculating the amount required for pension updation as IBA consistently stated that the requirement is too high to absorb. During the course of negotiation we suggested for linking all pensioners to a common index at 6352 points. In regard to 5 day banking, IBA’s response was not positive

From the above it is clear that linking DA Index level points@6352  is mere suggestion and not a Demand.



On Wed, Oct 30, 2019 at 4:47 PM Kishalaya <kishalaya...@gmail.com> wrote:
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Kishalaya

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Oct 31, 2019, 11:16:59 AM10/31/19
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Open the file preferably in your desktop only. Click the particular yellow cell, enter the full pension amount and hit ‘ENTER’.

 

Sent from Mail for Windows 10

 

Kishalaya

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Oct 31, 2019, 11:17:00 AM10/31/19
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My point was to inform all the pensioners across the board with the hard fact that merging DA at 6352 points and allowing DA @ 0.07% on the remaining slabs will impact marginally. The difference will be a few hundred rupees. So, oiling moustache doesn’t arise at all when there is no jackfruit on the tree.

 

Sent from Mail for Windows 10

 

From: Asok Bhaumik
Sent: 31 October 2019 11:57 AM
To: bankpe...@googlegroups.com

JSOMA SHEKARA

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Oct 31, 2019, 11:17:00 AM10/31/19
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First download PDF file to your hard disk drive. Then click on downloaded link and open properties and then unlock file.
Now you can fill data.

Kishalaya

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Oct 31, 2019, 11:17:01 AM10/31/19
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Open the file in your desktop.

 

Sent from Mail for Windows 10

 

From: Pal Rekhi
Sent: 31 October 2019 11:57 AM
To: bankpe...@googlegroups.com

Different DR rates.xls

Ravi Nath

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Oct 31, 2019, 11:17:01 AM10/31/19
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Sir it is not opened.pl verify.


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Velayudhan Nair

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Oct 31, 2019, 11:18:02 AM10/31/19
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Do not rely on IBA.It is under the undue influence of Useless
FBU.Retirees outfits sleep.Else, the retirees outfits might have come
out with the figures.Bank retirees are ashamed of such outfits.
New fighters should emerge across the country for ensuring the
existence of bank retirees, going by the cues from the hopeful
developments wrt the VRS optees of e SBM.



warm reg



CPVNAIR

On 10/31/19, JSOMA SHEKARA <jsomase...@gmail.com> wrote:
> I am reproducing an extract from BEFI regarding BPS proceedings dated
> 18.10.2019.
>
> The IBA assured to provide data regarding Family Pension to UFBU. We
> demanded
>>> the data for other pensioners also for calculating the amount required
>>> for pension updation as IBA consistently stated that the requirement is
>>> too high to absorb. During the course of negotiation we suggested for
>>> linking all pensioners to a common index at 6352 points. In regard to 5
>>> day banking, IBA’s response was not positive
>>>
>> From the above it is clear that linking DA Index level points@6352 is
> mere suggestion and not a Demand.
>
>
>
> On Wed, Oct 30, 2019 at 4:47 PM Kishalaya <kishalaya...@gmail.com>
> wrote:
>
>> Dear friends,
>>
>> I am attaching herewith one excel sheet showing impact of 6352 points
>> merger of DA with existing basic pension with 0.07% rate of DA on the
>> remaining 203 slabs. One should enter the basic pension amount in the
>> yellow column and press ENTER to get the new basic pension, DRF,DR and
>> total pension. Comparison can be made with the other sheet appearing in
>> this workbook itself.
>>
>> Kishalaya Mukherjee.
>>
>>
>>
>> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for
>> Windows 10
>>
>>
>>
>> --
>> 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.
>> To view this discussion on the web visit
>> https://groups.google.com/d/msgid/bankpensioner/5db95849.1c69fb81.97ffc.0ecd%40mx.google.com
>> <https://groups.google.com/d/msgid/bankpensioner/5db95849.1c69fb81.97ffc.0ecd%40mx.google.com?utm_medium=email&utm_source=footer>
>> .
>>
>
> --
> 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.
> To view this discussion on the web visit
> https://groups.google.com/d/msgid/bankpensioner/CAM%3DeiW2BnxV25ShOhD0j_1w_ObSiTsU%3D4xBE3vk844hCgaBDuA%40mail.gmail.com.
>

Chandrasekaran V

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Oct 31, 2019, 11:19:22 AM10/31/19
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TILL THE 6352- MERGER FRUCTIFIES BY WAY OF CREDIT OF ENHANCED PENSION, pensioners should not be befooled.  It appears to be a gimmick on the part of UBFU which had, two/three years back, proclaimed that they will not sign the Settlement unless the issues pertaining to pensioners/family pensioners are settled.  Now that the IBA is not ready to talk/discuss/negotiate EITHER with the UBFU OR with the retirees, UBFU to save its face appears to have floated the 6352-merger topic, so that they could go ahead with a Settlement for the serving employees, leaving the pensioners in the lurch.

Prabir Biswas

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Oct 31, 2019, 11:20:17 AM10/31/19
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File is not opening and stopped suddenly, please confirm or send again after necessary action

Kanak Ghosh

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Nov 5, 2019, 5:52:45 AM11/5/19
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I don’t have a desk top . How do I use the excel sheet?I cannnot feed the basic pension in the column. Please let me know.Thank you.

On Wed, Oct 30, 2019 at 4:47 PM Kishalaya <kishalaya...@gmail.com> wrote:
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PARASURAMAN K R

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Nov 5, 2019, 11:14:35 PM11/5/19
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Download Microsoft Xcel app from Google play store in ur mobile to open Xcel sheet

kushal mukhoti

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Nov 5, 2019, 11:14:38 PM11/5/19
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Mr Kanak Ghosh.

I presume you have opened it in the  Google Sheet in the Google Drive by default in your android phone. Follow these insructions given below. 
1. Tap the yellow cell corresponding to your date of retirement. A bold border will appear surrounding the cell with 0 or any number within it. 
2. In the 'fx' formula bar at the bottom of the sheet you will find '0' or a number which is already populated in your selected yellow cell. 
3. Tap the input field alongside 'fx'. A keyboard will appear. 
4. Delete the figure and key-in your full basic pension there and tap the  √ symbol at the right hand side of the of fx bar. You are done. 
5. Don't click any other cells of the sheet other than the yellow cells, else you will ruin the entire sheet. 
Please give me a feedback. 
Kushal Mukhoti. 

nook raju

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Nov 5, 2019, 11:15:37 PM11/5/19
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DA AT 6352 POINTS MERGER   is a good topic for retirees for time pass.

JSOMA SHEKARA

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Nov 6, 2019, 5:29:24 AM11/6/19
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Can anybody explain this?
Pensioners are divided in to 6 groups basing on year of BPS they have retired. DA also paid differently. This is trump card for IBA as in courts they are claiming that pension benefits are decided according BPS period they have retired and employees retired under one BPS period cannot claim benefits available to retirees of another BPS period. In 100% DA case also IBA won case arguing on these lines. By bringing all pensioners under single DA index level means ending discrimination basing on BPS period.
This will also be adverse point for IBA in Updation case.
Why IBA will lose such advantage and suddenly accept this proposal?
The only possible explanation is this.
Sri.C.N.Prasad and SBM commune is taking full advantage of IBAs trump card of dividing pensioners basing on period of BPS they retired.
SBM commune is demanding DA as existed on the date of retirement Reg 37 which IBA may find it difficult to contest as IBA itself has divided pensioners on the basis of date of their retirement all these years. To overcome this Unions and IBA may have devised a plan to bring all pensioners under single index level.
Since courts have ruled that statutory regulations cannot be amended from retrospective date whether IBA and Unions can snatch rights of pensioners to get DA rates as existing on date of retirement?


Padam Singh

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Nov 6, 2019, 11:43:13 PM11/6/19
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Respected sir, it is very unfortunate that there is no discussion regarding 37.2.b da issue which is the most beneficial for all the retirees. Has the issue been out of agenda or postponed for some times. Only this issue if implemented can help all the pensioners whether belongs to pre2002 or post 2002.

Jasbir Jolly

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Nov 6, 2019, 11:43:48 PM11/6/19
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Sir,
We all retirees should helpShri Prasad,physically and financially in his efforts for securing the above benefity.

Jasbir Jolly
9911364432.

Satyanarayana Rao

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Nov 6, 2019, 11:46:58 PM11/6/19
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First of all deviding pensioners on any basis itself is wrong and the intention is malafied as the pension has to change as per each settlements and DA also.But the unions and iba cheated the retirees in all settlements ignoring the basic requirements of improving the pension of all retirees in every settlements. The retirees organizations also did not raise these issues and didn't challenge the mischief played by IBA and  UFBU. Only SBM pensioners commune raised this DR relief issue along with 5 years weight age issues in in karnataka high court and the karnataka high court has upheld the demand of SBM commune members and Supreme court also upheld the karnataka high court order. Further the SBI and other banks implemented the court orders partially. Once again the SBM commune members filed contempt petition proceedings against SBI and succeeded in getting commutation arrears with interest only to petitioners and the Supreme court asked the petitioners to agitate at appropriate forum and if not settled the petitioners  can seek justice by initiating separate plea .In all the 1995 pension regulations are base for SBM pensioners to fight for justice which is still continuing and sri C.N Prasad the General secretary of State bank retirees association is moving the court by filing contempt petition proceedings against SBI to get  DR relief and commutation arrears with interest to all eligible similarly placed beneficiaries of associate banks retirees. As for as the negotiations in 11th  bps we don't have any solid evidence regarding the imaginary merger of DA etc and other developments it is unwise to draw any inference which has no base about retirees issues and what actually is happening.?.It is better the retirees to wait and watch till we get a copy of fina11th bps agreement. Till such time oit is only speculation and it is not corrected to draw any conclusions on speculations. 

mohan p

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Nov 7, 2019, 12:04:53 AM11/7/19
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DearvFriends,

What Mr.Somasekhra, pointed out is correct.At present
all pensioners are divided into  6 groups based on year of BPS they have retired.Yes .different rate of DA is paid, to all these six categories based on merger of CPI points under each BPS towards Basic Pay  of serving employees, as CPI  600,1148,1684, 2288 2836,and 4440 .May be 6352 under latest BPS.

As we all are aware Pensioners DA is paid,based on Regulation,37,under bank employees pension regulations 1995.
What is Regulation 37 under EPR,1995.?

It is stated as follows:

37. Dearness Relief.

(1) Dearness relief shall be granted on basic pension or family pension or invalid pension or on 
compassionate allowance in accordance with the rates specified in Appendix II.

The Appendix under, EPR,describes in detail,on DA rates,
prescribed to each of above six categories of pensioners .

Here another pertinent question is  changes,DA rates under each BPS  are incorporated in Pension Regulations after the settlement takes place.

Here too Amendment is made after delay of  minum 2 years or more. One reason is,as we know all settlements are delayed at least by 30 months or more. Again the amendments has to go to Banks Board, and later  to be published in Govt.Gazette
This process may cause  further delay in completion of amendments in pension regulations.

So after each BPS process, the Amendments on revision of DA rates in pension regulations  have carried out with retrospective effect.

Now under XI BPS too  changes in DA rate would be done retrospectively w.e.f. 1.11.2017,since Xth BPS has already lapsed on 31.10.2017.

As long as Pension Regulation is not amended with the changes taking place on DA rates consequent upon the subsequent BPS taking place regulation will show old higher DA rate.

The significance of case of SBM commune,on claiming and securing DA rates as per Regulation 37 under EPR,1995 is to be viewed which will have greater impact in future too in similar claims.

Because as we see there will be always a gap between actual date of implementation of BPS Vs amendment of pension regulations since all settlements are signed belatedly.

As far as banks and IBA are concerned a new a avenue is opened up by the victory of case by SBM commune based on this point.

Naturally, there may have rethinking on DA system to pensioners, by IBA 
at least on amendment of pension regulations immediately,which is also not possible under present system of belated settlements.

Let the ongoing BPS throw light on these aspects which will have legal impacts in coming days too if claims  are forthcoming.






  



Srinivasa Murti Devulapalli

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Nov 7, 2019, 5:38:13 AM11/7/19
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My Dear Sri Soma sekara garu,

Your observation with regard to the point as raised by com. c n prasad is absolutely logical inasmuch as, its relevance as has been reiterated by the apex count  in many number of cases:- ie: 


I wish to add further that The bank is bound to act in accordance with the ruling of the Hon’ble Supreme Court in order dated 13.02.2018 in CivilAppeal No.5525 of 2012 viz. Bank of Baroda & Anr. Vs. G Palani & Ors. That- (page:10)

 15. First we come to the rigour of the Regulations. The

Regulations have statutory force, having been framed in
exercise of the powers under Section 19(2)(f) of the Act
of 1970 and are binding. They could not have been
supplanted by any executive fiat or order or Joint Note,
which has no statutory basis. The Joint Note of the
officers also had no statutory force behind it and could
not have obliterated any of the provisions of Act of 1970
or the existing Regulations. Thus, Joint Notes could, not
have taken away the rights that were available under the
Pension Regulations of 1995 to the Officer.

“the regulations have statutory force, having been framed in exercise of the powers under section 19 (2) (f) of the Act of 1970 and are binding”, and that --- “ it is it is not permissible to add or subtract any word in a provision is a settled principle in statutory interpretation” since the ruling is squarely applicable in the case of regulations 35 (1) and 56 and disregard to the ruling, could lead to contempt of the Apex Court.

Moreover Bank is under an obligation to Revise/Update the Pension of its Ex-mployees in view of the following
observation of the Hon’ble Supreme Court in All India Reserve Bank Retired Officers Association and Ors Vs. Union of India & Ors., (1992) Suppl.1664) .

“ The concept of pension is now well known as has been clarified by this Court time and again. It is not a charity or bounty nor is it gratuitous payment solely dependent on the whim or sweet will of the employer. It is earned for rendering long service and is often described as deferred portion of the compensation for past service. It is in fact in the nature of a social security plan to provide for the December of life of a superannuated employee. Such social security plans are consistent with the socio - economic requirements of the Constitution when the employer is a State within the meaning of Article 12 of the Constitution.”

https://drive.google.com/file/d/1JlvaPgqAm6gkSUJiyoBeTIzYSZ18j_RN/view?usp=sharing


Regards and Greetings,

“|| यतो धर्मस्ततो जयः ||” IS THE ULTIMATE......
I remain, yours, 

దేవులపల్లి శ్రీనివాస మూర్తి /Devulapalli Srinivasa Murti
NOVEMBER 07, 2019
VIJAYAWADA 521108

 



 

On Wed, 6 Nov 2019 at 15:59, JSOMA SHEKARA <jsomase...@gmail.com> wrote:


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Satyanarayana Rao

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Nov 7, 2019, 5:38:14 AM11/7/19
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If claims are forth coming by whom? The State bank retirees association  General secretary is very seriously fighting the case and SBM pensioners commune has got favourable verdict in karnataka high court and also in Supreme court. Still the SBI and IBA failed to implement the court judgement in full as they thought that the retirees will keep quiet. Though all retirees association are passive and majority of them are not aware of the details of karnataka high court order and subsequent Supreme court decisions the SBI and IBA and UFBU trying to  bury the Apex court orders. But the SBM commune members and it's General Secretary Shri C.N Prasad Will not leave  SBI  till all the benefits as per karnataka high court order and subsequent Supreme court order is implemented word by word and all the benefits are released with interest to all similarly placed beneficiaries of associate banks retirees. This time the State bank retirees association is  filing contempt petition case against SBI in karnataka high court demanding DRat1148 points as per 1995 pension regulations which were in force when the retirees  retired. There fore  all retirees are eligible where ever the pension regulations are not amended. This is very important point and the SBI  and earlier e associate  banks never amended the pension regulations 1995.We are confidential that the SBI will be made to caugh up the legal benefits  with interest to all eligible beneficiaries through contempt petition proceedings against SBI. We are not asking any thing which is not on pension regulations. We are pleading with SBI to honorably implemented the Apex court orders or face one more contempt petition case against them.The choice is for SBI chairman to  choose as he already tendered unconditional apology in Supreme court in contempt proceedings case against SBI. We have to get justice and the culprits of justice be punished. Nothing less than that. 

Srirama Murti

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Nov 7, 2019, 11:14:08 PM11/7/19
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dear colleagues,
Canara Bank has got praise from pensioners of other Banks,but not its pensioners.
it has implemented court orders partially,it seems PNB has started imitating Canara Bank
in paying partially,but not completely. the thing is these pensioners are denied full detailed
calculation sheets. so far no reply has been received by G.S. Shri Srinivasan of CBROA.,
from Canara Bank.there is no way for pensioners of all banks except filing contempt cases
against their respective Banks individually.
S.S.R.Murthy

JSOMA SHEKARA

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Nov 7, 2019, 11:14:08 PM11/7/19
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As long as brokers, deal masters exist in banking Industry Bank managements will not adhere to court orders to statutory Regulations.


Satyanarayana Rao

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Nov 8, 2019, 5:27:15 AM11/8/19
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Shri. Somasekhara ji. Then what is the solution?How you get the court orders implemented?The only method is to file contempt petition case against the bank. The carrot policy will not work. We have to once again move the court for execution of court order by filing contempt petition as being done bySBM pensioners commune. Here also SBI management player mischief and paid commutation arrears with interest only to petitioners and the non petitioners are not paid commutation arrears with interest so for. Now Shri C.N.Prasad is filing  one more contempt petition case against SBI in karnataka high court to get DR relief at 1148 points and commutation arrears with interest to all eligible beneficiaries of associate banks retirees as per karnataka high court order and subsequent Supreme court order and subsequent Supreme court's ruling in contempt petition case against SBI. It is time consuming process but it is the only way to get justice to all eligible beneficiaries of associate banks retirees as per pension regulations 1995 which are not amended so for. Shri C.N.Prasad had categorically assured the big gathering of State bank retirees association members in his Hyderabad meeting  that SBI would be made to pay nearly rs 4000  crores to all eligible beneficiaries of associate banks retirees by filing contempt petition case against SBI in karnataka high court on behalf of State bank retirees association for which  he is General secretary. Let us wait for the results which may take few mere years. Time will deliver the justice. 
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