AIBRF ON VIJAYA BANK RESIGNEE CASE AND OTHER EVELOPMENTS

[PM]

Dear Friends,

                         The text of AIBRF,Cir.No. 2014/002 Date: 02.01.2014 on Vijaya bank Resignee case as well  as on other developments  is reproduced here under for information:-

To, The Office Bearer/ Central Committee Members/ State Body Chiefs

"Dear Sir 

 RE: VIJYA BANK RESIGNEE CASE

 RE: OTHER DEVELOPMENTS 

VIJYA BANK RESIGNEE CASE

"As you are aware that some of our comrades have been fighting legal  battle in different courts for one more pension option to resignees on the lines of 9th wage settlement. One of them was a group of 22 resignees of Vijya Bank who filed writ petition in the Karnataka High Court and has successfully fought this legal battle. As per the undertaking given to High Court by the CMD of Vijya Bank in the contempt petition, Board of the bank has taken decision to offer pension option to 22 petitioners. We congratulate these 22 petitioners for this achievement. We also ongratulate Vijya Bank Retirees’ Association, its leaders and office bearers of AIBRF stationed at Banglore who extended all support to the petitioners on this issue for this success. We are sure the petitioners willreceive pension benefits with back date shortly. 

However this is the battle half won. Still there are large number of resignees in Vijya Bank and of other banks as well as retirees belonging to certain other categories like compulsory retiree employees, those retirement on medical ground, those retired between 1993 and 1995 and did not avail pension option originally are still not eligible pension option as per the provisions of 9th settlement. We have to work to ensure that retirees of these categories are given pension option at the earliest. 

One more pension option to the left over employees and past retirees under the 9th settlement was the most significant achievement of unions where AIBRF also made contribution in pursuing UFBU that the pension option is available to the past retirees too. We shall always be grateful to UFBU leadership for ensuring one more pension option to the past retirees. This benefit brought smile on the faces of 50 to 60 thousand families belonging to the past retirees. It was miracle in the real sense that many retirees who never dreamt and ever imagined to receive pension benefits 10-12 years after retirement got this benefit. This single achievement for retirees has given new boost and dimension to the retiree movement in the banking industry. We all in AIBRF feel proud for it. 

However the 9th settlement on pension option left certain area unresolved which has created dissatisfaction among the past retirees. This settlement ensured pension option to each and every serving employee up to cut-off date without qualification. We thought that the pension option to the pastretirees would be available on similar lines covering each and every left over retirees. But it was not so. Some of them like VRS Optees under Service Regulations were left because of wrong interpretation of the provisions of the sanction given by the government. However subsequently because of continuous persuasion done, pension option hadto be given to this category with benefit from the back date providing better monetary benefits. Now resignees have got benefits in Vijya Bank.

IBA/ Government will have to understand that denying pension option on technical grounds like resignees case is no solution to the problem. Once employee leaves the bank after completing the qualifying service whether under VRS or Resigns should be given the pension benefit. When resignees are eligible for other retirement benefits, why to deny the pension benefits. The another point the authorities must understand that retirees are vigilant and are large in number and organised and their rights can not be suppressed . They are geared now geared up to fight for their rights. Delay in taking the decision will cost the bank/ pension funds more as it has happened in case of pension option to VRS Optees and now in case of 22 resignees of Vijya Bank. 

At AIBRF level we are committed to resolve the issue of left over retirees at the earliest and definitely in the forthcoming settlement. We have been taking up this matter at the appropriate level and shall take up afresh. in view of Karnataka High Court decision in the contempt petition. Whilst on the subject, we would like to clarify that AIBRF strongly believe in resolution of the issues through organisational efforts and wherever required through legal action. We do not think that legal recourse is the only option to resolve disputed/ pending issues as being perceived by some organisations who have been formed for legal battle only. 

MATTER OF 5 YEAR NOTIONAL BENEFIT TO VRS OPTTEES IN VIJAY BANK 

We are very happy to extent heartiest congratulations to Vijya Bank retirees’ Association, its leaders and its membership in resolving the long

pending issue of implementation of the Supreme Court decision In the matter of 5 year notional benefit to VRS Optees, through organisational efforts. We understand that Vijya Bank Board has now taken decision to extent benefit of 5 year benefit. This is the BIG VICTORY for our comrades in Vijya Bank who could persuade the bank management to implement the Court decision without further litigation. 

2. We may inform you that leaders of Vijya bank Retirees’ Association were making continuous efforts at the organisational level along with legal battle in the Supreme Court for implantation of the order and extent benefit to the eligible retirees. They met CMD of the Bank on 7.11.2013 and submitted the memorandum in this regard. AIBRF has also been taking up the matter with the banking Division to extent benefit of 5 years as per the Supreme Court decision in Vijaya Bank, Allahabad Bank and Associated Banks. We convey our thanks to the management of the Bank and the retiree issue. We hope the arrears will be paid to the eligible retirees in Vijya Bank in near future and Allahabad Bank and Associated Banks management will take clue from it and extent the benefit to the similarlyplaced retirees in their banks without further dragging the legal battle in the court. 

PUNJAB NATIONAL BANK ,M.P. RETIREE CASE OF PENSION OPTION 

We understand that a retiree of PNB from MP has successfully won WP petition in M.P. High Court wherein the court has directed the bank to give pension to him as he submitted the pension option application within stipulated time and gave instruction to the branch manager to deduct amount from his FDR and pay the required contribution towards pension option. Such instruction was considered valid payment in time towards exercising the option in time. We congratulate the retiree and PNB Retiree Organisation in MP for this successful fight. WE understand that pension option has been given to this retiree and arrears have been paid. 

STRIKE CALL ON 20TH AND 21ST JANUARY,2014 BY UFBU 

We find that UFBU has given Strike Call in the Banking Industry on 20th and 21st January, 2014 in view of the indifferent attitude of the government/ IBA towards early conclusion of bipartite settlement. AIBRF fully support the strike call of UFBU and ask all its affiliates and members to participate in the agitational programme organised by UFBU at different centre in coordination with the local leaders to express our solidarity, unity and support for the same. 

We have come to know that UFBU has been invited by IBA for negotiation on 29th January,2014. 

PROPOSED RALLY AT DELHI ON 7TH MARCH, 2014 

On the basis of initial fee back received from different centres the participants have started booking train tickets for their journey to Delhi.This number has already crossed 1000. We expect huge response to our programme. We are issuing separate circular in detail on this. 

 MARCH TO DELHI ON 7TH MARCH 2014" 

 With Regards

 Yours Sincerely,

 ( S.C.JAIN ) GENERAL SECRETARY"

[Eswaralla Satyanarayana]

I have taken VRS from Canara Bank on 28.6.2008 in Clerical Cadre. I have not opted for pension  earleir

when it was announced. Can I hope to get pension  similar to Vijaya Bank  Resignee Case, as the rules will

apply similar to all the Banks. I Shall be glad if the union will fight the case in court on similar grounds. I will be happy to contribute the amount invoved if the union fights such cases .

 

 

Yours sincerely

 

E N Satyanarayana

33, V Cross

Dhanalaxmi Lay Out

Virupakshapuram

Kodigehally, Bangalore660097.

On Thu, Jan 9, 2014 at 8:06 AM, PM <moha...@gmail.com> wrote:

Dear Friends,

                         The text of AIBRF,Cir.No. 2014/002 Date: 02.01.2014 on Vijaya bank Resignee case as well  as on other developments  is reproduced here under for informao, The Office Bearer/ Central Committee Members/ State Body Chiefs

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[bhaskara sarma]

Dear Satyanarayana,

You have not given information as to the no of years of service you have done.If you have completed 20 years of service you have an equally good chance of getting pension.Now the unions have already taken up the case seriously.You can contact your union or retirees union.Recently Resigned bank employees forum conducted meeting of all resignees at Bangalore in ING. Bank employees union office ,JCRoad,Bangalore.

With Regards,

P B Sarma.

[perumal maruthu]

Dear Mr E Satyanarayana,

There is no Voluntary Retirement scheme for Awardstaff other than the one in the Pension scheme1995.

Bank has also extended the one more option to all the eligible ex-Officers voluntarily retired under CBOSR.

M.Perumal

 

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[kiritkumar chauhan]

Dear  perumal sir  ,I am resignee .I had competed 31 years service in central bank of India .I compelled to write  word resignation as zonal office ahmedabad is not considering application  under vrs. Scheme even after  completion of 30 years service .I was br.manager under mmg scale ll.at the time of vrs application  under medical ground.sir.I was serving employee on 27 April 2010 .I was suffering from depression as such our RM has suddenly told me to get relieved on 30april2010 and assured me me for pension. And deducted 2.80% from my arrears and also recovered  bank contribution of pf. They offered me pension option .they sent my option letter along with pf and 2.80% to zonal office. But after 3 months  they informed that I am not eligible. Sir, I accepted conditional relieving letter by stating 'subject to payment of all benefit as per 27april settlelment' sir  I had written several letter  still  I have not got any positive reply .in light of above  and latest court verdict  please let me know as to how I have to proceed  for my pension option. Sir I have also sent proof of officers whose application for vrs. Not considered even after completion of 30 years of service.and therefore I compelleld to write word resignation  on my vrs application .sir please guide me.

[R.K. Pathak]

The age of retirement of an officer employee shall be as determined by the Board in accordance with the guidelines issued

by the Government from time to time.

Provided that the Bank may, at its discretion, on review by the special committee/special committees as provided hereinafter in sub-regulation (2) retire, if it is considered necessary to do so in the public interest, an officer employee on or at any time after the completion of 55 years of age or on or at any time after the completion of 30 years of total service as an officer employee or otherwise, whichever is earlier;

Please clarify, have completed 30 years of service as officer?

On Thu, Jan 9, 2014 at 5:50 PM, kiritkumar chauhan <kirit.c...@gmail.com> wrote:

Dear  perumal sir  ,I am resignee .I had competed 31 years service in central bank of India .I compelled to write  word resignation as zonal office ahmedabad is not considering application  under vrs. Scheme even after  completion of 30 years service .I was br.manager under mmg scale ll.at the time of vrs application  under medical ground.sir.I was serving employee on 27 April 2010 .I was suffering from depression as such our RM has suddenly told me to get relieved on 30april2010 and assured me me for pension. And deducted 2.80% from my arrears and also recovered  bank contribution of pf. They offered me pension option .they sent my option letter along with pf and 2.80% to zonal office. But after 3 months  they informed that I am not eligible. Sir, I accepted conditional relieving letter by stating 'subject to payment of all benefit as per 27april settlelment' sir  I had written several letter  still  I have not got any positive reply .in light of above  and latest court verdict  please let me know as to how I have to proceed  for my pension option. Sir I have also sent proof of officers whose application for vrs. Not considered even after completion of 30 years of service.and therefore I compelleld to write word resignation  on my vrs application .sir please guide me.

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[mohan p]

Dear Sri.Pathak,

                             You have quoted   Bank Officers Service Regulations 1979.- Regulation 19  on Age of Retirement pertains to officer employees.

                              "at any time after the completion of 55 years of age or on or at any time after the  completion of 30 years of total service as an officer employee or 

otherwise, whichever is earlier; 

                              The total service rendered in Bank is stipulated here.

[kiritkumar chauhan]

Respected shri Pathak sir ,thank you for your clarification ,however please clarify  meanining of '30 years service as an officer or otherwise' .sir  total service comprising clerical as well as anofficer is 31 years. Sir please clarify the meaning of ''or otherwise'' mentioned in above lines ,sir    there  may be lesser number of such employees who completed 30 years service as an officer, therefore, their may be mention of 'or otherwise' please  sir interprets and guide me.   Kiritkumar chauhan

[bhaskara sarma]

Dear Kirit Kumar ,

 you have very good chance of getting pension.You are a victim of narrow mindedness of certain functionaries.You may contact your union which may be part of UFBU,which is taking up the case or retiree union of your bank may also be taking up the cases.

Wish you Best of Luck.

With Regards,

P B Sarma.

On Thursday, January 9, 2014, kiritkumar chauhan wrote:

Dear  perumal sir  ,I am resignee .I had competed 31 years service in central bank of India .I compelled to write  word resignation as zonal office ahmedabad is not considering application  under vrs. Scheme even after  completion of 30 years service .I was br.manager under mmg scale ll.at the time of vrs application  under medical ground.sir.I was serving employee on 27 April 2010 .I was suffering from depression as such our RM has suddenly told me to get relieved on 30april2010 and assured me me for pension. And deducted 2.80% from my arrears and also recovered  bank contribution of pf. They offered me pension option .they sent my option letter along with pf and 2.80% to zonal office. But after 3 months  they informed that I am not eligible. Sir, I accepted conditional relieving letter by stating 'subject to payment of all benefit as per 27april settlelment' sir  I had written several letter  still  I have not got any positive reply .in light of above  and latest court verdict  please let me know as to how I have to proceed  for my pension option. Sir I have also sent proof of officers whose application for vrs. Not considered even after completion of 30 years of service.and therefore I compelleld to write word resignation  on my vrs application .sir please guide me.

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[R.K. Pathak]

Dear Kirit Kumar,

I have only reproduced OSR clause for your information. My interpretation OR clarification will not help you. Only Bank's interpretation will help you.

As pointed out by Mr. Sarma, I too feel that you have got not good but BEST chance to get pension provided you or union takes up the issue with Bank Management seriously.

Best luck.

Regards

Pathak R K 

[MANOHAR SHARMA]

Shri Pathak/Shri PM

Management of CBI is very prudent.Long back they have incorporated a new clause in CBI OSR i.e. 19.7 (a)

In terms of Regulation 19.7 (a) "an officer employee of the Bank may be permitted to retire voluntarily from service at any time, if he or she has completed 30 years of service as an officer(otherwise removed) or has attained the age of 55 years, whichever is earlier, by giving three months notice in writing."

(This clause is not available in most of OSR of other PSU banks)

Hence they are not allowing pension to Mr. Chauhan.

But Mr. Chauhan was in service on 27.04.2010  and he was relieved  thereafter after completing service of 31 years.  Relieving letter was accepted by Mr. Chauhan 

on condition that all benefits of Agreement Dtd. 27/04/2010 will be allowed to him.

Pl guide  whether this is solid ground for fighting his claim for pension ?

MANOHAR SHARMA

[R.K. Pathak]

I concur with your views & since "bank has deducted 2.80% from his arrears" he becomes deemed pension optee & his resignation doesnot prohibit him from getting pension, provided he or his union takes up the issue with Bank Management seriously.
  

[kiritkumar chauhan]

Dear shri sharma sir,
At the time of allowing second option to vrs retirees ,IBA and  finance ministry  had  advised members  banks to allow second option to those retirees who retires under 19(1) of osr and according to 19(1)  I am eligible.sir IBA and FM  had not mentioned any other clause.therefore please guide me  for taking legal recourse  under this clause and instruction of iba. 
Regards
K.l chauhan

[bhaskara sarma]

Dear Kirit Kumar,

Legal recourse may be slightly round about.In any case you may contact RK Pathak so that he may guide you properly.

With Regards,

P B Sarma.

[R.K. Pathak]

Dear Mr. Sarma, Thank you for advising Mr. Kirit Kumar for my guidance in the matter. Mr. kirit Kumar is frequently emailing  to me for my guidance & to quote , i am reproducing the mail forwarded by him on 18/ April 2013 as under.  He is only happy in consolation & not serious of his own issue & expects others to make efforts for his cause. Thanks & Regards  Pathak R K  kiritkumar chauhan <kirit.c...@gmail.com>	4/18/13
to me

---------- Forwarded message ----------
From: shantilal nagal <sknagal@gmail.com>
Date: 17 April 2013 15:23
Subject: YOUR GUIDANCE ON 19.7 OF CBI OSR 79 IN VIEW OF IBA GUIDANCE ON 2 ND OPTION OF PENSION
To: kiritkumar chauhan <kirit.c...@gmail.com>

Respected Sir Pathakji,

Sir ,I wish to draw your attention on following  matter.

In case of officers retied under VRS/Resigness ,Central Bank of India ,is offering 2 nd option of pension to  only those officers who have been retired  in terms of R 19.7 of CBI OSR 1979.

In terms of Regulation 19.7 (a) "an officer employee of the Bank may be permitted to retire voluntarily from service at any time, if he or she has completed 30 years of service as an officer or has attained the age of 55 years, whichever is earlier, by giving three months notice in writing."

(This clause is not available in most of OSR of other PSU banks)

Can their decision be challenged  in light of recent circular of IBA saying that 2 nd option of pension should be given to the  officers (VRS)

"within the meaning and provision of R 19(1) of OSR 1979 but not outside the "purview " of the provision 19 (1) of OSR 1979".

As per R 19(1) the criterion has been fixed "on or any time after the completion of 55 years of age or on at any time after the completion of 30 years of total service as an officer  employee or otherwise ,which ever is earlier "

AREA OF CONFLICT

(1)CBI is allowing section option of pension to officers who  resigned  with three months notice aftercompletion of 30 years service  purely in

officer cadre  only as confined in  19.7 CBI OSR 1979.

(2)Whereas as per circular dtd. 09.11.2012 issued by IBA,second option should be given  to those  officers  who resigned by giving  three months notice on or any time after the completion of 30 years of total service as an officer  employee or otherwise which means 30 years period  of service should be considered for  total period of service comprising working in officer and award cadre both and not purely on ground of period of service in officer cadre.

CAN DECISION OF CBI BE TERMED IN CONTRAVENTION  OF  IBA GUIDELINES ?

YOUR VALUABLE  INTERPRETATION/COMMENTS SOLICITED .

Truly Yours

K L CHAUHAN

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[Balasubramanian Sunderraja]

Dear Jain Sahab:

There are many other Bank resignees who are still denied pension mainly on account of Regulation:29 of the Pension Regulations Act, 1995 read with

Regulation:22 which make the resignee to lose all the services rendered, that is, forfeiture of all the service. Persons who took the VRS route

between 1.1.1986 and 29.9.1995 are given a chance to get the second pension by many banks, due to directives from the IBA.  Even with the Court

cases, fought by the resignees, with the favourable judgement, the resignees who left the banks after 29.9.1995, that is post, 1995 will get pension.

Now the question of resignees who left their banks from 1.1.1986 to 29.9.1995 who are left in the lurch after the OSR:19(1) gave relief only to VRS

optees.  There is, however, a pre-1995 Andhra Bank resignee (Shri Venkateswara Rao) case pending to be heard before the larger bench of the

Supreme Court - no one known when this will be heard; in this case, Andhra Bank management challenged the Andhra High Court judgement favouring

Shri Venkateswara Rao for the pension.

The fact remains that resignees are not many in number - almost say less than 5000.  There is a large Pension Fund.  Fundamental rights give 

protection for payment of pension provided the required qualifying service is rendered.  

In these circumstances, what is the role of AIBRF to seek the pension to ALL THE RESIGNEES.  Only when all the resignees get their due pension,

so far denied, the organisations of retirees will broaden and strengthen.

With regards,

S. Balasubramanian,

Resignee denied pension

[Balasubramanian Sunderraja]

Kindly see rationale in the demand of resignees who still hope to get pension.  Ensure that ALL the Resignees get pension - watching the developments on how

the larger bench disposes of the case relating to Shri Venkateswara Rao, pre-1995 Andhra Bank resignee, to whom favourable judgement was given by the

Andhra High Court but challenged in the Supreme Court by that Bank.

Please play a proactive role and get justice to ALL.

On Thursday, 9 January 2014 02:36:35 UTC, PM wrote: