interesting articles in allbankingsolutions.com useful for Bank Resignees

[Srirama Murti]

dear group members,

    the website allbankingsolutions.com has grouped seperately the topics relating to each category of bank employees serving as well as retirees.the Resignees  ,the articles/discussions throw light on several points updated for the benefit of all.

 

existing pensioners retired before 1.11.2002 are requested to contact vv.venki...@gmail.com for anamolies of pension.

 

Retirees are requested to note the kerala high court at Ernakulam judgement op.No.37198 of 2001(c). the judgement given by the hon'ble judge Shri S,Siri jagan j. in op no.37198 of 2010 dt.31.08.2010.wherein the Judge told EVEN A RETROSPECTIVE AMENDMENT CANNOT TAKE AWAY THE RIGHTS OF AN EMPLOYEE FOR RETIREMENT BENEFITS.

 

ALSO  it is interesting to note one Mr.S.Sankaran ,83 year old, resigned weaving teacher got retirement benefit just for his service of 10 years,one month,18days and resigned. he based his arguments on supreme court judgement in 1990, the apex court in J>K>Cotton spinning and weaving mills's case Vs. state of Uttarpradesh. the apex court held that the meaning of the term "resignee"as found in the Oxfor Dictionary included retirement"."therefore, when an employee voluntarily tenders resignation, it was an act by which he voluntarily gives up his job.we are therefore of the opinion that such a situation would be covered by the expression Voluntarily Retirement",the judge read in the case of sankaran, teacher.(the Hindu, online edition 31-08-2010,Tamilnadu,Madurai judgement)

 

I hope our bank resignee friends will take note of the above, to take up with their advocates.

--- S.Sri Rama Murthy

[Rajagopal Shankaranarayana]

Dear All,

 

We have been ditched by IBA and nothing more. All those officers who are retired under normal VRS/resignees (in the absence of normal VRS - with slight modification to pension regulations to include them also) must get the pension without any doubt. It may be time consuming. Justice may be delayed but will not be denied.

Regards

--
R.Shankaranarayana
Ex. Canara Bank Manager Muscat

Be Confident. Try & Try till you succeed in Life.

--
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
To post to this group, send an email to bankpe...@googlegroups.com.
To unsubscribe from this group, send email to bankpensione...@googlegroups.com.
For more options, visit this group at http://groups.google.com/group/bankpensioner?hl=en-GB.

[venugopal cheriyachanaseril]

Dear All,
I am enclosing a copy of the letter which I prepared in respect of a VRS retiree to be sent to Banking Division.  All those interested in acting on the lines may make up a case of his/her own and send to Ministry.  It will be followed up by invoking RTI applications .  This is one way of bringing pressure on Ministry and Banks for restoring rightfulness

The drafts so made may be sent to me if necessary for appropriate modification.  Time constraints and influx of application may delay the process at my end.  Yet I can offer all necessary help to the needy

C N Venugopal

From

Napoleon Simpson, (Employment No. 16410)

___________________

__________________

_______________

Bangalore – 560 016                    For kind attention of Shri. Amitabh Verma

 

 

To

 

Joint Secretary (Banking).

Director of Public Grievances

Ministry of Finance, Department of Economic Affairs,

Banking Division, Jeevan Deep Building,

Parliament Street, New Delhi-110 001

 

Dear Sir,

 

Denial of Pension on Voluntary Retirement

 

I was employed in the services of Canara Bank from 21 06 1974 and I took exit on 16^th December, 2008 through Voluntary Retirement from ____________ branch.  Since I was in the CPF segment the Bank settled to me the CPF standing to my credit   and sent me out without Pension benefit.

  

When the IBA and Bank Unions signed a Joint Note agreeing to give fresh Pension option, to all those who were in services of nationalized banks on 29 September, 1995 fresh option and payment of pension is to be considered to me in  all fairness.   But on placing an application on 26^th August, 2010 I have been informed vide MDCU HRM 5281 E9 VSR dated 31^st August, 2010 that I am not eligible to get Pension since I retired through Voluntary Retirement other than Special Voluntary Retirement.

 

In connection with, I inform that I remained in CPF while the Pension Scheme was introduced in 1995 for the simple reason that the Pension Regulations contained a clause enabling banks to forfeit the entire past services in case an employee  participated in a strike.  When the particular clause was deleted from the Pension Regulations on 27^th February, 1999 through publication in the Gazette of India, it was legally mandatory on the part of the Bank to give a fresh option to me.   The Bank which usually circulated all amendments to Regulations among the employees with a statement that the amendment will have effect from the date of publication in the gazette  deviated from the norm and confined to mere gazette publication in the case of this amendment.    It later published the amendment among employees only after 43 months vide Circular No.          dated ________ and did not at all give the option to me.   Since it was an industry wise issue, I could not take it up then.    Fresh option was thus an already extended benefit which the bank later snatched away illegally.

 

Though the real purpose of the Joint Note was to correct the mistake of not giving fresh option to all those on rolls on 29^th September, 1995,  the Bank now says that fresh option is available to those who retired under Special Retirement Scheme alone and that those who took exit through normal retirement are not eligible in terms of it. 

It is pertinent in this context that when the Option is extended to those who received additional compensation, there is no legal nitty-gritty in denying it to me on the ground that I quit through Voluntary Retirement.   Special Voluntary Retirement was in the strictest meaning of the terms not a voluntary process but an abated one through special incentives offered.  Normal Voluntary Retirement is the real voluntary retirement where the employee quits on his own.   Special VRS and Normal VRS has the same effect on the employee and on the Bank and the only difference is that in the case of the former   the employee gets some additional benefit.   Resignation also is a similar most identical process which too makes no difference to the employer or employee and all the three process have the same effect.  The Bank is making a distinction between the three modes of exit which is immaterial when the Pension Scheme in all fairness is to be extended on the basis of qualifying service. 

 

Regulation No. 28 of the Pension Regulations has been amended in July 2002 through Gazette Notification which states that  "Superannuation Pension shall be granted to an employee who has retired on his attaining the age of superannuation specified in the Service Regulations or Settlements.  Provided that , with effect from 1^st day of September, 2000, pension shall also be granted to an employee who opts to retire before attaining the age of superannuation , but after rendering service for a minimum period of 15 years in terms of any scheme that may be framed for such purpose by the Board with the approval of the Government”.  The Voluntary retirement Scheme through which I came out is also a scheme framed for the purpose by  the Bank  and carries the approval of the Government since the representative Director of the Government is also sitting in the Board that adopted the service Regulation/Pension Regulation.     Hence I am eligible to get fresh option on my retirement through Voluntary retirement through the approved scheme of the Bank as I did not abandon the employment through any other process.

 

The Joint Note dated 27^th April, 2010 can not take away any benefit conferred upon me by the Gazette Notification  dated _______ ( find out Bank of India Notification –which can be 27^th February, 2002 and insert it ) amending Regulation 28 unless the IBA and Unions that signed the same has powers exceeding that of the Government and hence  fresh option is to be extended to me invariably.  The provisions for recovery of 2.8 times pay from existing employees, 56 percent over and above CPF paid in the case of retires,  forfeiture of pension from the date of retirement upto the arbitrary date of 27 November, 2009, commutation based on age of retirement on the date of option instead of that on the date of actual retirement etc. are also inconsistent with the Gazette Notification and hence illegal.

 

I may further point out that at the time of commissioning of the Pension Scheme in Banks in 1995, all employees who retired on or after 01 01 1986 were given coverage under it by taking back them the amount of CPF paid at the time of retirement together with interest at six percent per annum and the precedence is to be applied in my case also by giving me option.  

 

I request you to please advise the Chief Executive of Canara Bank to  extend me option at the earliest  as otherwise it will be against  all principles of natural justice and  the Government sanctioned Pension Regulations  with amendments up to date which is in full force and effect.

[venugopal cheriyachanaseril]

Dear All,
I am enclosing a copy of the letter which I prepared in respect of a VRS retiree to be sent to Banking Division.  All those interested in acting on the lines may make up a case of his/her own and send to Ministry.  It will be followed up by invoking RTI applications .  This is one way of bringing pressure on Ministry and Banks for restoring rightfulness

The drafts so made may be sent to me if necessary for appropriate modification.  Time constraints and influx of application may delay the process at my end.  Yet I can offer all necessary help to the needy

C N Venugopal

On 17 October 2010 16:26, Rajagopal Shankaranarayana <rsnara...@gmail.com> wrote:

[prabhash kudaisya]

Dear Mr. Pathak and Mr. Naik,

I was with The Vysya Bank Limited for 19 years, 4 months and 15 days and resigned and relieved on July 30, 1997WAS. Above mentioned services included training period as management trainee. I opted for pension in 1995 as per the scheme in vogue and same

was

accepted and recorded  in the bank. The Vysya Bank Limited did not give me their share  of Provident Fund and informed that since I opted for pension, hence not eligible for pension. Bank also informed that since I did not complete requisite years of service, I was not given pension.

 

After the latest settlement and joint note dated April 27, 2010, I submitted my option to ING Vysya Bank Limited (earlier known as The Vysya Bank Limited) on 6th October, 2010. I received the reply as follows:

Quote

Sir/ Madam,

Sub: Application  for pension option

REF: Your application dated:

In terms of Joint Note/ Settlement dated 27.04.2010 signed at industry level between Indian Bank's Association and Officer's Association/ Employees Union, we have issued circular on 04.09. 2010 for extending another option for pension to employees currently in IBA Rolls and those who retired in IBA Rolls as per the guidelines given by IBA.

As per above referred circular only those retirees who have superannuated of retired under special VRS scheme 2002 are eligible to opt for second pension option.

Since you do not fall under any of the above category, your application is herewith returned.

Thanking Yo

Yours Faithfully

PROCESS LEAD-TB OPERATIONS

I request you to include such cases in writ petition proposed to be filed. Though I have been following developments for formation of Association through blog, incase you require any  support in Delhi, please inform me. Please also advise me how I should proceed.

Thanks and Regards

P.C. Kudaisya

Delhi

09810015696

---

From: Rajagopal Shankaranarayana <rsnara...@gmail.com>
To: bankpe...@googlegroups.com
Sent: Sun, 17 October, 2010 16:26:25
Subject: Re: bankpensioner interesting articles in allbankingsolutions.com useful for Bank Resignees

[mahesh agrawal]

Dear venugopal,
pls enclose letter to be sent.
M.C.Agrawal

On Mon, 18 Oct 2010 09:46:46 +0530 wrote

>
Dear All,
I am enclosing a copy of the letter which I prepared in respect of a VRS retiree to be sent to Banking Division.  All those interested in acting on the lines may make up a case of his/her own and send to Ministry.  It will be followed up by invoking RTI applications .  This is one way of bringing pressure on Ministry and Banks for restoring rightfulness


The drafts so made may be sent to me if necessary for appropriate modification.  Time constraints and influx of application may delay the process at my end.  Yet I can offer all necessary help to the needy

C N Venugopal

On 17 October 2010 16:26, Rajagopal Shankaranarayana wrote:

Dear All,
 
We have been ditched by IBA and nothing more. All those officers who are retired under normal VRS/resignees (in the absence of normal VRS - with slight modification to pension regulations to include them also) must get the pension without any doubt. It may be time consuming. Justice may be delayed but will not be denied.



Regards
--
R.Shankaranarayana
Ex. Canara Bank Manager Muscat

Be Confident. Try & Try till you succeed in Life.

On Sun, Oct 17, 2010 at 2:39 PM, Srirama Murti wrote:




dear group members,
    the website allbankingsolutions.com has grouped seperately the topics relating to each category of bank employees serving as well as retirees.the Resignees  ,the articles/discussions throw light on several points updated for the benefit of all.


 
existing pensioners retired before 1.11.2002 are requested to contact vv.venki...@gmail.com for anamolies of pension.
 
Retirees are requested to note the kerala high court at Ernakulam judgement op.No.37198 of 2001(c). the judgement given by the hon'ble judge Shri S,Siri jagan j. in op no.37198 of 2010 dt.31.08.2010.wherein the Judge told EVEN A RETROSPECTIVE AMENDMENT CANNOT TAKE AWAY THE RIGHTS OF AN EMPLOYEE FOR RETIREMENT BENEFITS.


 

ALSO  it is interesting to note one Mr.S.Sankaran ,83 year old, resigned weaving teacher got retirement benefit just for his service of 10 years,one month,18days and resigned. he based his arguments on supreme court judgement in 1990, the apex court in J>K>Cotton spinning and weaving mills's case Vs. state of Uttarpradesh. the apex court held that the meaning of the term "resignee"as found in the Oxfor Dictionary included retirement"."therefore, when an employee voluntarily tenders resignation, it was an act by which he voluntarily gives up his job.we are therefore of the opinion that such a situation would be covered by the ex-pression Voluntarily Retirement",the judge read in the case of sankaran, teacher.(the Hindu, online edition 31-08-2010,Tamilnadu,Madurai judgement)

 
I hope our bank resignee friends will take note of the above, to take up with their advocates.
--- S.Sri Rama Murthy

--
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
To post to this group, send an email to bankpe...@googlegroups.com.


To unsubscribe from this group, send email to bankpensione...@googlegroups.com.
For more options, visit this group at http://groups.google.com/group/bankpensioner?hl=en-GB.








--

You received this message because you are subscribed to the Google Groups "bankpensioner" group.

To post to this group, send an email to bankpe...@googlegroups.com.

To unsubscribe from this group, send email to bankpensione...@googlegroups.com.


For more options, visit this group at http://groups.google.com/group/bankpensioner?hl=en-GB.








--
>
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
>
To post to this group, send an email to bankpe...@googlegroups.com.
>
To unsubscribe from this group, send email to bankpensione...@googlegroups.com.
>

For more options, visit this group at http://groups.google.com/group/bankpensioner?hl=en-GB.
>

[saradindu basu]

Dear all,
            If I am allowed to put-up my suggestions, I would like to say as under:
1) The letter should be brief but to the point.Experiences say long letters are usually filed.
2)Main stress should be given to the point--VRS scheme was formulated by the bank and not by officers/employees who simply availed the exit policy in circulation. Bank was a very vital party in sanctioning VRS to officers/employees and Bank  was not bound to accept each and every application .
3)Our main aim should be of getting pension like SVRS people and let us not open all the fronts at a time like illegality of 156% of PF or 2.8 times of revised pay.
4) Representations should be made/sent to MLAs/MPs of the area also. Their recommendations carry value. Members of Standing Committee of Union Finance Ministry have immense power.
5) All letters should not be identical.Very well-written Draft circulated by Shri Venugopal should be taken as guide only. Even representation written in vernacular will do.
6)Representations should be in the style of appeal and no legal threat should be there. We have seen even Hon'ble Supreme Court Judges differed on various judgements. 
 
-----Saradindu Basu.

---

Date: Sun, 17 Oct 2010 19:34:56 +0530

Subject: Re: bankpensioner interesting articles in allbankingsolutions.com useful for Bank Resignees

From: ceey...@gmail.com
To: bankpe...@googlegroups.com

[SUMAN]

---------- Forwarded message ----------
From: Srirama Murti <ssrmu...@yahoo.com>
Date: Oct 17, 3:39 pm
Subject: interesting articles in allbankingsolutions.com useful for
Bank Resignees

To: bankpensioner

dear group members,
    the website allbankingsolutions.com has grouped seperately the
topics
relating to each category of bank employees serving as well as
retirees.the
Resignees  ,the articles/discussions throw light on several points
updated for
the benefit of all.

existing pensioners retired before 1.11.2002 are requested to contact

vv.venkitaram...@gmail.com for anamolies of pension.

[Raghunathan DS]

with regard to second option pension to resigned officers.

[Raghunathan DS]