
28 DEC 2019 —
MY DEAR FRIENDS,
YOU ARE QUITE AWARE THAT SOME OF THE BANKS HAD DISBURSED COMMUTATION ARREARS ARISING OUT OF THE RE-FIXATION OF THE BASIC PENSION IN TERMS OF SUPREME COURT ORDER . THIS IS IN THE WAKE OF THE CONTEMPT NOTICES NOW BEING SERVED ON THEM BY AIBREA ON BEHALF OF ALL THE AGGRIEVED. THE LATEST ONE BEING SYNDICATE BANK (COVERING THOSE RETIRED BETWEEN 01 04 1998 AND 30 04 2005.)
https://drive.google.com/file/d/18Y7UlLzVqyH71eHvEo2lg3_1YT-YXDoO/view?usp=sharing
BUT THESE DISBURSALS ARE NOT IN CONFORMITY TO THE SPIRIT OF THE SUPREME COURT JUDGMENT AS RIGHTLY TAKEN UP BY COM. C N PRASAD AND HIS TEAM IN THE CONTEMPT PETITION FILED AGAINST THE SBI MANAGMENT FOLLOWED BY SIMILAR PETITIONS NOW BEING FILED AGAINST ALL THE ERRING BANK MANAGMENTS.
the reasons more fully explained in the following link . Please go through the contents carefully.
https://drive.google.com/open?id=1bi81zgHR-A0Xl2ZqKKQoBGRAbdVK_d3z
QUOTE:
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D S MURTI Ramavarappadu (PO): VIJAYAWADA 521108
0866-2843298 : 9989318300 devulapa...@gmail.com
June 11, 2018
TO:
The Chairman & Managing Director, Syndicate Bank,Personnel Department, Staff
Welfare Division, ho...@syndicatebank.co.in ,
Head Office, Manipal (S.K) Karnataka
Dear Sir,
Re: payment of Arrears arising out of the recent Hon’ble Supreme Court Judgment dated 13th February, 2018 in 1616-1684 DA issue
Aggrieved by the anomalies while fixing my basic pension , I filed the WP:41751/2001 (D.Srinivasa Murti & Ors. Vs. Syndicate Bank & ors.) on 24 09 2001 in the Hon’ble High Court of Judicature, Karnataka, Bangalore with the following
prayers in terms of the pension regulations in force:
1. to apply the notional service as per my eligibility, and
2. to re-fix my pension by taking into account my last drawn Basic Pay as on the date of my retirement –ie. 28 th .April 2001.
During the pendency of my above WP, -ie. during 2009 , in terms of the orders of the Hon’ble Supreme Court of India, as also directed by IBA, you revised the Basic pension to all the pensioners under the VRS by applying notional service as per their eligibility which incidentally happened to be my first prayer.
However, in my case you did not release the arrears as envisaged in the Supreme Court judgment and insisted for my withdrawal of the subject WP vide your letter ref.No.3716/SWD/PEN/WP/2009 dated 20 th November, 2009.
Since the second prayer of my WP was still unresolved, I did not accede to your above pre- condition.
Finally, Hon.ble High Court of Karnataka, Bangalore, pronounced the common judgment in my favor allowing both the prayers on 21 st April, 2011 together with WP# 15295/2001.
I reproduce here under the operative part of the common judgment pronounced in WP:15295/2001 which also covers my WP:41751/2001 for your ready reference andclear understanding:
QUOTE:
“Pages: 135 & 136
11. In the light of the aforesaid decision of the Apex Court, I cannot refuse to follow the verdict given by the co-ordinate bench by citing minor differences as the grounds
for not following it. The Court has disposed off similar matters following the Hon’ble Supreme Court’s judgment in the case of Mohandas (Supra).
12. I dispose of these petitions in terms of the order dated 8.4.2011 passed by this court In W.P# 41346/03(S-RES)and other connected petitions as follows:
“ Circular No.1/2001 dated 2.1.2001 insofar as it seeks to amend regulation 28 and circular No.10/2001 dated 11.1.2001 are quashed. The petitioners are entitled to increase in their qualifying service by a period not exceeding five years subject to the condition that the total qualifying service rendered by the petitioners shall not in any case exceed 33 years and does not take them beyond the date of superannuation.
The respondent Banks are directed to pay pension to the petitioners after applying the same and the orders by the banks insofar as the same deprived the addition of five years qualifying service are quashed.
The petitioners are entitled to payment of pension calculated on the basis of actual pay fixed, personal pay, special pay and other allowances and emoluments drawn by them during the last ten months of service as provided under Regulations 35 and 38 of the pension regulations together with dearness allowance thereon and the respondent – the bank shall pay the differential amount of pension and commutation value of pension to the petitioners on that basis, within a period of eight weeks, if not earlier and in the event of failure to make the payment as above, the banks shall be liable to pay interest at the rate of 10% on the said amounts till the date of payment.
14. No order as to costs.
Sd./-
JUDGE: "
The Hon’ble High Court made a very clear emphasis as to the disposal of the petitions in terms of the Order dated 8 th April, 2011 passed by the same High Court in WP:41346/03 and other connected petitions there under.
Vide my letter dated 1 st July, 2011 I forwarded copies of both the common judgments as pronounced in WP:15295/2001 (which covers my WP:41751/2001) dated 21 st April, 2011 and also that of WP:41346/03 dated 8 th April , 2011 in terms of which the judgment was pronounced allowing both the above prayers of mine.
Therefore, I request you to pay me the arrears inclusive of commutation together with interest thereon as ordered
Kindly acknowledge,
Yours faithfully,
(Sd../- D S MURTI)
JUNE 11, 2018
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https://drive.google.com/file/d/1pMC923954BIhcqKDERQ6YsiPGmfxQcso/view?usp=sharing
UNQUOTE:
WHEN THE VERY SAME BANKS BY THEMSELVES, HAD PAID THE ARREARS TOGETHER WITH COMMUTATION VALUE FOR NOTIONAL SERVICE IN THE PAST, WHAT PREVENTS THEM NOW TO DENY THE SAME WHEN ORDERED BY THE SAME COURT.. IN THE SAME JUDGMENT ?
EVIDENTLY, IT'S NOTHING BUT DOUBLE STANDARDS ON THE PART OF THE BANKS WHICH NEED TO BE FOUGHT TOOTH AND NAIL.... HENCE THE CONTEMPT PETITIONS ARE NOW BEING FILED ON ALL THE ERRING BANKS TO FALL IN LINE WITH THEIR "BIG BROTHER" (SBI) TO TENDER UNCONDITIONAL APOLOGIES TO THE HON'BLE SUPREME COURT!!
IT'S NOTHING BUT THE COMPLACENCY AND APATHY ON THE PART OF MANY OF THE RETIREE ORGANISATIONS , WHO LACK THE FIGHTING FERVOR AND IN THE PROCESS, IBA AND THE MANAGEMENTS HAVE TAKEN FULL ADVANTAGE OF THE "COZY ATMOSPHERE" CREATED BY THESE ORGANISATIONS !
I INVITE YOUR KIND ATTENTION TO THE COMMUNICATION ALREADY ADDRESSED BY COM. C N PRASAD ( Dtd. 24th. DECEMBER, 2019) ENUNCIATING THE FUTURE PLAN OF ACTION IN THIS BEHALF.
With Greetings and Regards,
“|| यतो धर्मस्ततो जयः ||” IS THE ULTIMATE......
I remain – Yours,
దేవులపల్లి శ్రీనివాస మూర్తి
DEVULAPALLI SRINIVASA MURTI
devulapa...@gmail.com Ramavarappadu (PO)
VIJAYAWADA 521108
DECEMBER 28, 2019
0866-2953298 / 9989318300
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QUOTE:
ANNEXURE
'Prasad C N' via bankpensioner
Wed, 25 Dec, 10:51 (3 days ago)
to Bankpensioner
Dear friends,
Today, Legal Notices have been issued to all Banks, Govt. of India and Indian Banks Association, regarding payment of Commutation amount recovered from the pensioners, in the following cases :
1. Payment of arrears in respect of VRS – 2000/2001 by implementing decision of Hon’ble Supreme Court in Bank of India Vs K Mohandas’s case, paid during 2009, when the Banks recovered Commutation amount from the date of retirement, instead of date of Commutation/payment ;
2. Payment of arrears on account of Bipartite Settlement/Joint Note dated 27.04.2010 in respect of those who retired on or after 01.11.2007 till the date of payment ;
3. Payment of arrears on account of Bipartite Settlement/Joint Note dated 25.05.2015 in respect of those who retired on or after 01.11.2012 till the date of payment ;
4. Payment of arrears on account of extension of benefit under Regulation 26 ;
5. Payment of arrears on account of extension of benefit as ordered by Supreme Court on 13.02.2019 ;
We would filing Writ Petition during second week of January, which would facilitate establishment of law regarding this issue, without allowing misinterpretation.
Thanks, a Million.
With regards,
C N PRASAD
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