Commutation

[krishna mohan nidumolu]

🌹 *"A historic decision of the Supreme Court: CWP No.2490 and Case No.8222/2024"*🌹👇

*"Supreme Court gave a historic decision during the recovery period of commuted pension of government central employees"*

✍️👉Good news for government central employees who have commutated their pension and whose recovery period was 15 years (180 months). Now this period has been reduced to only 10 years and 8 months (128 months).

The historic decision made in CWP number 2490 and 8222/2024 will now benefit central government employees and their families.

**History of the recovery period of commuted pension:**

When commuting pension at the time of retirement, the whole pension was restored after 15 years. This period was based on the interest rate of 12%. But the interest rate has dropped to almost 7% at present.

Mr. Jindal, retired secretary from Haryana government calculated the recovery period of commuted pension and found that the entire amount is collected in 10 years and 8 months, while the pension holders had the full pension restored after 15 years, causing financial loss to them. Was it. They filed their case in Punjab & Haryana High Court on which they got a stay, but after that High Court changed its decision and ordered recovery for 15 years that the employee had wrote itself at the time of retirement that his recovery Let it be completed in 15 years. But after that....

**Supreme Court decision:**

According to the order given by the CWP, the recovery of commuted pension has been banned for more than 128 months. This is a bigger relief than 180 months now.

Judgment will be uploaded on the Supreme Court website soon.

**These orders will also be applicable to state government employees:**

This decision applies to state government employees too. 

🙏 * *🙏

[yogendra singhal]

I shall feel highly obliged  if you upload  SUPREME COURT judgement at earliest  as my case is posted in Mumbai  HC next week.

On Wed, 19 Feb, 2025, 11:55 yogendra singhal, <singha...@gmail.com> wrote:

Please  upload supreme court  decision  on my mail id
singha...@gmail.com
THANK YOU VERY MUCH.

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[yogendra singhal]

Please  upload supreme court  decision  on my mail id
singha...@gmail.com
THANK YOU VERY MUCH.

On Wed, 19 Feb, 2025, 10:09 krishna mohan nidumolu, <kmnid...@gmail.com> wrote:

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[Logu Kuppan]

Whether psb pensioners are eligible to apply and appeal for the same. When this decision of supreme court delivered.

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[Parsuram Mohanty]

I have not seen the judgement. Any way if it is so, then it is for Govt. Employees. If you go to IBA with this judgement , they will say SC has not directed us . We are not concerned.. ITS APPLICABILITY FOR BANK EMPLOYEE, One has to go to the court. Waiting for another few years to be listed at least. .

CHAKKAR OF INDIAN JUDICIARY

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[Parsuram Mohanty]

Please cite court and name of judge/s. date of judgement , (easing the search.criteria ).

[MOHAN P]

Sir,

The above case referred here pertains to Punjab And Haryana High Court,Chandigarh and not by Supreme Court.

The Hon'ble Punjab and Haryana High Court has passed the interim orders earlier  in various writ petitions to "Stay" the recovery of commuted value of pension in which the pensioners/petitioners had challenged the restoration of the commuted value.

The  interim order passed in one such case is  the referred, CWP 2490 of 2024 which was filed by  Ram Saroop Jindal Vs State of Punjab.

 

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAAE%2BWO5SMtrP5c4-kfw%2BjXfYKXMWjrjaX%2BoR%2BvjthLk6Miy0-A%40mail.gmail.com.

[sailendra kr de]

I shall be obliged if you kindly upload the verdict of Supreme court on restoration of commuted value of pension at 128 months in  my email desail...@gmail.com

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAMCbyDTcuvVEWUxAo1LpjwEGGk77hfZmxgsM12DMsyghRmM%3DsQ%40mail.gmail.com.

[SUMAN KUMAR Suman]

MOHAN  SIR,

BUT  WHY  ABOVE CASE REFERRED  BELOW  NOTE   ?

**Supreme Court decision:**

According to the order given by the CWP, the recovery of commuted pension has been banned for more than 128 months. This is a bigger relief than 180 months now.

Judgment will be uploaded on the Supreme Court website soon.

**These orders will also be applicable to state government employees:**

This decision applies to state government employees too. 

🙏 * *🙏

THIS DECISION   BY SUPREME COURT OR   PUNJAB   HIGH COURT

IS NOT MISLEADING  

PLEASE CLARIFY

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suman.

[yogendra singhal]

It will support  the case

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[MOHAN P]

Dear Mr.Suman Kumar,

 As I have stated earlier, the referred case(CWP.8222-2024 ,pertains to Stay order to stop recovery of commuted amount of pension of Govt pensioners)of  Punjab and Haryana High Court,Chandigarh and nothing to do with Supreme court.

Such messages create confusion among retirees, which are either  misinformation or misleading information with no relevance at all while final order exist.

P&H high court has already dismissed 808 such writ petitions with no order to cost.(CWP 9426/2023-dt.27.11.24)

Regards

Mohan.P

 

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[Bhushan garg]

This decision was of Punjab & Hry. High court

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[JSOMA SHEKARA]

Bank employees and Pensioners issues are decided as per agreement between UFBU and IBA. Retiree associations are unnecessarily diverting focus to dharnas, representations.If there is any violation of the terms of such agreements courts will interfere and pass verdicts.

IBA and UFBU has authority to discuss/ amend pension regulations to provide for

1. Merger of DA@8088 points for all pensioners

2. Shifting of DA base year

3.  Reducing Commutation period

4. Updation of pension

What cost factor is involved  in merger of DA and shifting base year for DA calculation.

Is UFBU really interested in resolving the above issues?

IBA and UFBU agreed to deny pension benefits on special allowance. So they also have authority to undo the same.

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[MOHAN P]

Dear Friends,

The leaders of retirees associations have to meet leaders of UFBU leaders and should have consistent follow up of such meetings till our issues are discussed with IBA and resolved.

It seems that  they ( most of them)do not have any effective strategy or positive outlook in resolving our long pending issues rather than issuing formal circulars on Dharnas conducted in different parts of the country!

It would have been in front of Banks where IBA officials sit.

Just one example is enough to understand the seriousness they have given in the matter.

It may be funny to note that in a recent meet with IBA officials by leaders of one of the Retirees  Apex Organisations, they could not even continue their talk, or to stop it abruptly, since their flight tickets were already booked!

Example of joint struggle conducted by RBI retirees to secure their Updation of Pension  with their employees unions are before us.Though we cannot anticipate such thing here!

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[Ramakrishnan S]

Is there a registerd union as Ufbu. It is only an assembly of convenience. So the agreement under ufbu is legally challengable, as retirees are not its members.

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[Niranjan Cn]

Sir,

Soexial Allowance was introduced to increase the pay slip compound working employees or to deny pensioners pension?  Which is correct ??

Truth lies there

A better understanding is required 

Niranjan 

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[SUMAN KUMAR Suman]

MOHAN  SIR

THANKS FOR REPLY

SUMAN

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suman.

[Ramani Konnayar]

Well done, Sir. The present situation and our predicament cannot be explained better than this.

Even though UFBU may not take up the fight for updation with seriousness for their own reasons, they can at least be persuaded for securing minor benefits such as improvement in exgratia, shifting pre Nov2022retirees to 2016=100 CPI series etc., by pursuing the matter with them on a regular basis by Retirees Organisations.

K N Ramani 

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[MOHAN P]

Dear Mr Ramakrishnan,

Yes. UFBU is only an umbrella organisation as they say.

Where as BPS/JN are signed by registered trade unions and Associations individually with IBA. UFBU is no where in the picture.

As you may be aware, Bipartite settlements signed between employers (IBA representing banks) and employee unions are recognized under Section 2(p) read with Section 18(1) of the Industrial Disputes Act, 1947.

Such settlements are binding on the parties who sign them.Retirees issues  are also become part of it.

Regards

Mohan.P

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[Logu Kuppan]

My  view and  experience of the actions retirees organisation's have no open heart interest in approaching the correct authority to solve the all pensioners demands.If settled with correct approach the retirees organisation's will not survive without these demands in future.Therefore they may not approach with correct place to get our demands.

To view this discussion visit https://groups.google.com/d/msgid/bankpensioner/CAKcPo_y2oPXtht7a5PBnq8e4WMjm5_HYf-PLwPTUyaGfxQdYHQ%40mail.gmail.com.