ISSUE: PAYMENT OF LEAVE ENCASHMENT ON COMPULSORY RETIREMENT--IBA CIRCULAR VIS-A-VIS SUPREME COURT JUDGMENTS
Banks had been paying Leave Encashment on Compulsory Retirement cases up to Nov2000.Based on IBA Circular No PD/CIR/76/H7/E9/1452 dated 27th Nov2000, Banks stopped this facility to Compulsory retired officers except SBI who continued to pay leave encashment in spite of IBA circular.
Subsequently Mr. Deepak Sapra, a Compulsory Retired Officer of PNB filed a writ petition (LPA 693/2013) in Delhi High Court which permitted the payment of leave encashment in compulsory retirement cases treating it one of the classes of retirement on 18.9.2013.Similar cases were filed by officers of Canara bank (three) OBC (one) & Syndicate bank (one).
Later on SIX SLPs have been filed by Canara Bank (three) SLP(C)28315/2011, 26623/2011&30252/2011, OBC(one) 30425/2011;PNB(one)SLP 35937/2013 & Syndicate bank (one) SLP 9722/2014 SLPs in Supreme Court challenging the decision of various High Court.
In between IBA also took cognizance of cases filed in Courts and came up with revised guidelines to pay leave encashment in compulsory retirement cases vide Circular HR&IR /76/H7 /E9/755 dated 11th May,15 amending the earlier instructions given in the year 2000, giving complete background & permitting Leave encashment wef 30Apr,2015.Based on IBA circular almost all Banks issued their respective circulars for payment of leave encashment wef 30Apr 2015.
Subsequent to issuance of guidelines by IBA on 11.05.2015, the Hon’ble Supreme Court has dismissed the above referred Six SLPs of PNB, Canara bank, OBC & Syndicate Bank on 25.8.2015, the issue of payment of leave encashment to compulsorily retired officers has reached to finality.
After aforesaid Supreme Court Judgment dated 25th Aug 2015, we understand that Punjab National Bank has taken up the matter with IBA who advised them to decide the matter at their end. Accordingly, the Punjab National Bank issued circular no HRD 730 dated 11.12.2015(copy enclosed) for payment of leave encashment to compulsorily retired officer retired between 27.11.2000 to 30 04.2015.PNB has also issued instructions to pay interest for the period from the date of compulsory retirement to the date of payment @ 10% pa (simple).
UCO Bank has also issued a circular dt 4
June 2016 allowing payment of Leave Encashment to all Compulsorily retired
during the period 27.11.2000 to 29.04.2015 quoting IBA letter dt 27jan
2016advising that the decision to extend the benefit to the employees who were
compulsorily retired before 30.04.2015 may be taken at their individual bank
level. BOB has also issued similarly instructions, but unlike PNB both these banks are not paying interest for the intervening period.NOn payment of interest by these banks is also resulting in multiple litigation in various high courts.
The National Litigation Policy clearly stipulate that once the Supreme Court decided the issue, all Public Sector Undertakings should take cognizance and implement the same for similarly place issues and avoid unnecessary litigation & hardship to the aggrieved officers. Here the Hon’ble Supreme Court has clubbed & dismissed all the Six Writ Petitions of four different banks against the decision of different high courts in favour of compulsorily retired officials. It is worthwhile to mention that after the Supreme Court judgment, the Delhi High Court permitted payment of leave encashment in compulsory retirement case of Mr. P.K Jain Vs PNB LPA 607/2013 quoting the aforesaid Supreme Court judgment.
HOWEVER, SOME OF THE BANKS LIKE CANARA BANK, IOB, P&SB, INDIAN BANK, ANDHRA BANK & MANY OTHER BANKS ARE STILL DENYING THE PAYMENT &INTEREST FOR THE DELAYED PERIOD TO COMPULSORY EMPLOYEES.
P.C.JaswalThanksSir,No attachment found. Pl reload.On 28 October 2016 at 18:25, Vinay Kumar Khanna <vkkhan...@gmail.com> wrote:Pl see attachment
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On Sat, Oct 29, 2016 at 11:20, Vinay Kumar Khanna<vkkhan...@gmail.com> wrote:
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----- Forwarded Message -----
From: Vinay Kumar Khanna <vkkhan...@gmail.com>
To: premchand jaswal <pcja...@gmail.com>
Cc: bankpensioner <bankpe...@googlegroups.com>
Sent: Saturday, 29 October 2016 11:20 AM
Subject: bankpensioner PAYMENT OF ' LEAVE ENCASHMENT TO CR EMPLOYEES
To unsubscribe from this group and stop receiving emails from it, send an email to bankpensione...@googlegroups.com.
From: Vinay Kumar Khanna <vkkhan...@gmail.com>
To: premchand jaswal <pcja...@gmail.com>
Cc: bankpensioner <bankpe...@googlegroups.com>
Sent: Saturday, 29 October 2016 11:20 AM
Subject: bankpensioner PAYMENT OF ' LEAVE ENCASHMENT TO CR EMPLOYEES
To unsubscribe from this group and stop receiving emails from it, send an email to bankpensione...@googlegroups.com.
From: 'KUNAL SINGH KHARAYAT' via bankpensioner <bankpe...@googlegroups.com>
To: "bankpe...@googlegroups.com" <bankpe...@googlegroups.com>
Sent: Monday, 31 October 2016 2:34 PM
Subject: Re: bankpensioner PAYMENT OF ' LEAVE ENCASHMENT TO CR EMPLOYEES
Dear Sir,When IBA has permitted Punjab National Bank, UCO Bank and Bank of Baroda for making payment of Leave Encashment to officers retired compulsorily between 27.11.2000 to 30.04.2015, then why IBA is not giving instructions to the other left-over Bank such as Canara Bank and others to make payment of Leave Encashment to officers retired compulsorily between 27.11.2000 to 30.04.2015.What was the base of payment of Leave Encashment to such officers in case of PNB, UCO Bank and Bank of Baroda, the same base can be for payment of Leave Encashment in the left-over banks.Regards.Ramesh Sehgal91-9990217028
From: 'KUNAL SINGH KHARAYAT' via bankpensioner <bankpensioner@googlegroups.com>
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Sir,
I shall appreciate if you kindly give your valuable comments on my following post in face book. I also seek your valuable guidance regarding the course of action in the matter.
Ashok Chander Sharma
_____________________________________________________________________________________________
2nd Pension Option - Left over resignee/CRS/dismissed bankers
I give here below excerpts from Prime Minister Narendra Modi’s address at the 50th anniversary of Delhi High Court on 31st October, 2016
अनुभव के आधार रोडमैप तैयार करें - प्रधान मंत्री !
ज्यादातर ज्यूडिशरी का अधिकतम समय हम लोगों के पीछे जाता है, मतलब की मोदी में नहीं ,सरकार में ! सब से बड़ा लिटिगेंट सरकार होती है ! हर मसले पे सरकार भिड़ती रहती है ! मैं कभी हमारी सरकार के लोगों को कहता हूँ कि भाई एक टीचर अपने हक़ के लिए गया कोर्ट में, उस को न्याय मिला वो जीत गया ! उसी प्रकार के दस हज़ार टीचर के मसले लटके पड़े हैं, उसको आधार बना के दस हज़ार को पूरा करो न ! आप ज्यूडिशरी में बोझ क्यूँ बड़ा रहे हो ! लेकिन पता नहीं उनके दिमाग कभी बदले न ! उनको लगता है कि वो इनडिविजुअल मसला था और कानून के दायरे में उस इंडिविजुअल के मसले को हम किसी को फिट नहीं कर सकते ! पता नहीं मैं इन सब बारीकियों को तो नहीं जानता, पर मैं समझा रहा हूँ की हम इस बोझ को कम कैसे करें !
There are judgements by Supreme Court of India and various high courts against different banks, namely Andhra Bank, Vijaya Bank, Canara Bank, Punjab and Sind Bank, Punjab National Bank, U.Co. Bank,Union Bank of India, Bank of Baroda, etc. for payment of pension to CRS, Resignees and others. However, the benefit of the judgements has been given to the litigants only. There are several verdicts, all similarly placed persons need not go to court for relief, they should be given relief without going to court.
Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country. Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government should protect and respect fundamental rights of citizens and those in charge of the conduct of Government litigation should never forget this basic principle. Government must cease to be a compulsive litigant. Government should reduce litigation in courts so that valuable court time would be spent in resolving other pending cases. Government and its agencies may be concerned with and also removing unnecessary Government cases. Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority. The well known dictum is that no appeal should be filed in service matters.
Therefore, this is the time when UFBU and retirees’s organizations should strongly take up the issue with PMO, MOF and Minister of Law and Justice quoting prime minster/s address on the occasion of golden jublee celebrations of Delhi High Court. It should be ensured that 2nd Pension Option is made available to all the left over bankers, whether they are resignees, VRS optees, CRS etc. Courts have already shown the way, and we see no reason to exclude any category. All these people should be entitled to get the pension from the cut off date as per 9th BPS itself.
Ashok Chander Sharma
From: bankpe...@googlegroups.com <bankpensioner@googlegroups.com> on behalf of Vinay Kumar Khanna <vkkhan...@gmail.com>
Sent: Wednesday, November 2, 2016 6:50 AM
To: bankpensioner
Subject: Re: bankpensioner PAYMENT OF ' LEAVE ENCASHMENT TO CR EMPLOYEES
IBA should have withdrawn their circular of 2000 which the court have ruled has no legal validity & hence can not be relied upon.By leave the decision to invidual bank on payment of leave encashment to individual banks IBA has created more confusion then it has solved. Pnb is paying interest for the intervening period whereas neither bob nor uco is paying interest for the period this futher creates confusion . When Govt & IBA are thinking of merger how can they have different interpetation of the same service regulations
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Dear Sir
If I had opted special VRS in 2001,
I would have got the pension option offer from Bank,
Even tho I was PF optee.
Suresh Multani
UBI
Resignee.
Worked 32 years and resign on medical grounds.
P.C.JaswalDear Friends,This is what I have been stressing upon for the last more than a year. Mr. Dilip Saha ,General Secretary of AIPNBOA wrote a letter to the CMD of Punjab National Bank on 26.07.2016 but there appears no follow up of the same . There is no information as to the steps taken up by the retiree leaders in this regard., Now when the Prime Minister of the country is convinced that decision of the Supreme Court of India should be made applicable to all the affected parties and not only to the litigants why IBA authorities and bank managements are not considering this aspect? This reflects that IBA & Bank Managements are above Supreme Court of India as well as Prime Minister. IBA has already allowed pension to CRS workmen through their circular dated 23.12.2015. The IBA cannot differentiate between workmen & Officers as the disciplinary procedure as well as punishment for both the categories is the same. Two parameters cannot be applied in the same organization . What prohibits them to make these instructions applicable to retired OFFICERS? Our leaders should awake from their slumber and take appropriate steps so that the officers belonging to CRS category may get their due share of pension during their life. Almost all CRS officers are senior citizens and many may leave this world at any time. I fully support Mr. Ashok Sharma in this regard.
9915486255
On 2 November 2016 at 13:17, Ashok Chander Sharma <asho...@hotmail.com> wrote:
Sir,
I shall appreciate if you kindly give your valuable comments on my following post in face book. I also seek your valuable guidance regarding the course of action in the matter.
Ashok Chander Sharma
_____________________________________________________________________________________________
2nd Pension Option - Left over resignee/CRS/dismissed bankers
I give here below excerpts from Prime Minister Narendra Modi’s address at the 50th anniversary of Delhi High Court on 31st October, 2016
अनुभव के आधार रोडमैप तैयार करें - प्रधान मंत्री !
ज्यादातर ज्यूडिशरी का अधिकतम समय हम लोगों के पीछे जाता है, मतलब की मोदी में नहीं ,सरकार में ! सब से बड़ा लिटिगेंट सरकार होती है ! हर मसले पे सरकार भिड़ती रहती है ! मैं कभी हमारी सरकार के लोगों को कहता हूँ कि भाई एक टीचर अपने हक़ के लिए गया कोर्ट में, उस को न्याय मिला वो जीत गया ! उसी प्रकार के दस हज़ार टीचर के मसले लटके पड़े हैं, उसको आधार बना के दस हज़ार को पूरा करो न ! आप ज्यूडिशरी में बोझ क्यूँ बड़ा रहे हो ! लेकिन पता नहीं उनके दिमाग कभी बदले न ! उनको लगता है कि वो इनडिविजुअल मसला था और कानून के दायरे में उस इंडिविजुअल के मसले को हम किसी को फिट नहीं कर सकते ! पता नहीं मैं इन सब बारीकियों को तो नहीं जानता, पर मैं समझा रहा हूँ की हम इस बोझ को कम कैसे करें !
There are judgements by Supreme Court of India and various high courts against different banks, namely Andhra Bank, Vijaya Bank, Canara Bank, Punjab and Sind Bank, Punjab National Bank, U.Co. Bank,Union Bank of India, Bank of Baroda, etc. for payment of pension to CRS, Resignees and others. However, the benefit of the judgements has been given to the litigants only. There are several verdicts, all similarly placed persons need not go to court for relief, they should be given relief without going to court.
Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country. Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government should protect and respect fundamental rights of citizens and those in charge of the conduct of Government litigation should never forget this basic principle. Government must cease to be a compulsive litigant. Government should reduce litigation in courts so that valuable court time would be spent in resolving other pending cases. Government and its agencies may be concerned with and also removing unnecessary Government cases. Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority. The well known dictum is that no appeal should be filed in service matters.
Therefore, this is the time when UFBU and retirees’s organizations should strongly take up the issue with PMO, MOF and Minister of Law and Justice quoting prime minster/s address on the occasion of golden jublee celebrations of Delhi High Court. It should be ensured that 2nd Pension Option is made available to all the left over bankers, whether they are resignees, VRS optees, CRS etc. Courts have already shown the way, and we see no reason to exclude any category. All these people should be entitled to get the pension from the cut off date as per 9th BPS itself.
Ashok Chander Sharma
From: bankpe...@googlegroups.com <bankpe...@googlegroups.com> on behalf of Vinay Kumar Khanna <vkkhan...@gmail.com>
Pl see attachment
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Mr.Ramesh sehgalPlease enlighten me under which Act whether Banking Regulation Act or Employees Pension Regulation Act Banks are required to take permission of IBA to give any benefit to its employees. Has Central Govt passed any order that PSU Banks must take prior permission of IBA before extending any benefit to its Employees/Retirees.
On Mon, Oct 31, 2016 at 9:14 PM, 'Ramesh Sehgal' via bankpensioner <bankpe...@googlegroups.com> wrote:
Dear Sir,When IBA has permitted Punjab National Bank, UCO Bank and Bank of Baroda for making payment of Leave Encashment to officers retired compulsorily between 27.11.2000 to 30.04.2015, then why IBA is not giving instructions to the other left-over Bank such as Canara Bank and others to make payment of Leave Encashment to officers retired compulsorily between 27.11.2000 to 30.04.2015.What was the base of payment of Leave Encashment to such officers in case of PNB, UCO Bank and Bank of Baroda, the same base can be for payment of Leave Encashment in the left-over banks.Regards.Ramesh Sehgal91-9990217028
From: 'KUNAL SINGH KHARAYAT' via bankpensioner <bankpe...@googlegroups.com>
To: "bankpe...@googlegroups.com" <bankpe...@googlegroups.com>
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Dear friends,
Has Allahabad Bank issued circular for payment of leave encashment to compulsory retired officers ? If yes, can anybody give the reference of the circular.
Ashok Chander Sharma