AIBRF's Letter to IBA on implementing MHC's verdict on 100%DA

[perumal maruthu]

Ref: 2012/1105 Date:31.12.12

The Chairman

Indian Bank Association

Mumbai

Dear Sir

Re: Madras High Court Decision on 100 percent DA

Neutralisation to Pre November 2002 Retirees

We wish to invite your kind attention on Madras High Court decision

dated 14.12.12 on Writ Petition No,5000 of 2006 and other W.Ps filed by 81

retirees of Canara Bank, Indian Overseas Bank and Bank of Baroda in the

matter of payment of 100 percent DA neutralisation to pre-November

2002.While delivering the judgement, the Court has directed the

respondent banks to pay the dearness allowance at the revised rates as

per the provisions of 8th wage settlement to pre-November 2002 retirees

.with payment of arrear in this regard from the date fixed in the

settlement. The court has also stated in the judgement that this benefit

should be made available to all similarly placed retirees.

On going through the contents of the judgement, you will find that the

court has pronounced the judgement on the following principles laid

down by the Supreme Court in the matter of defined benefit pension

scheme

(a) In famous case of Nakara V/s Union of India, the constitutional

bench of Supreme Court has laid down the principle that any

improvement made in the existing pension scheme , the benefits

have to be extended to the existing retirees too.

(b) Inflation data as measured by All India Consumer Price Index

affects all retirees alike. Therefore benefit of improved formula can

not be restricted to a section of retirees. It will amount to creation

of class within the class and such artificial division is not

permissible under the law.

You will kindly observe the Madras High Court Decision is based on

sound principles of law as laid down by the Supreme Court in the past.

We therefore request you to advise member banks to implement the

decision and pass on the benefits to all affected retirees.

At this

 

 

 

juncture we may mention that in the year 2009, Supreme Court had

delivered judgement on the writ petition filed by retirees of 5 banks,

asking banks to pass on benefit of notional service under regulations no

29 of the pension regulations. IBA had taken very pragmatic view on this

judgement and asked member banks to pass on the benefit to all affected

 

 

retirees. We are sure that IBA would take similar stand on Madras High

Court decision and give similar nature of advice to member banks.

Here we would also like to draw your kind attention on Litigation policy of

Government of India which stipulates that if decisions are based on

certin laid down principles of law laid down by the Supreme Court, appeal

against the judgement should be avoided. In this case the affected people

are senior citizens of the country. We are sure IBA would take pragmatic

view and avoid hardship to senior citizens.

With Respectful Regards

Yours faithfully,

( S.C. JAIN )

GENERAL SECRETARY

 

 

 

 

 

[real banker]

Sh PM

Thnx for the info - Let us see how IBA responds to AIBRF letter.

sudershan pal
SVRS Canbk

REAL BANKER

[C P V Nair]

Very good gesture indeed!TKU, AIBRF for initiating the efforts on the basis of MHC judgement.

 

Warm reg

 

 

 

CPVNAIR

--
Visit our blog site http:://bankpensioner.blogspot.com
---
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
Visit this group at http://groups.google.com/group/bankpensioner?hl=und.
 
 

[JSOMA SHEKARA]

Thank you MR.Perumal for information
We are grateful to AIBRF for taking up the matter with IBA. Let us hope IBA will take positive decision in this regard. First good news in new year.
J.SOMASEKARA
CB SVRS

--

[Beekay Sharma]

panami

--

[lakshmanan shankarnaraynan]

Dear friends,   It is heartening to note that AIBRF has taken up the issue with IBA urging them to implement the decision in  the Banks without going in for appeals. But in the 5years case despite IBA's advice some Banks have not made the payment. Let us hope  that in the new year atleast good sense will prevail and the Banks will heed the advice of IBA and bring cheers and relief to thousands of pre 2002 pensioners. Let us all pray with our fingers crossed'   With good wishes   S.Lakshmanan IB-VRS2001 --- On Thu, 1/3/13, perumal maruthu <perumal...@yahoo.co.in> wrote:

From: perumal maruthu <perumal...@yahoo.co.in> Subject: bankpensioner AIBRF's Letter to IBA on implementing MHC's verdict on 100%DA

[bhaskara sarma]

I think this is the right time to approach MPs sympathetic to our cause and request them to use their good offices in influencing the finance ministry in properly directing the IBA and member banks.

Yours faithfully,

P B Sarma,Sbsvrs,2001.

[rajkumarnegi]

It is the right time for the IBA to realise the error which they have
commited in the 7th Bipartite and those pensioners were deprived from
the 100 % D.A./ Every pensioner is facing the price rise and the
inflation, then why the 6th and 7th bipartite retirees should be more
effected,.The finance ministry should give proper directions to IBA
and the member banks for the implementation of the court case .thanks/

Rajkumarnegi

On 1/3/13, bhaskara sarma <pbsa...@gmail.com> wrote:
> I think this is the right time to approach MPs sympathetic to our cause and
> request them to use their good offices in influencing the finance ministry
> in properly directing the IBA and member banks.
> Yours faithfully,
> P B Sarma,Sbsvrs,2001.
>
>
> On Thu, Jan 3, 2013 at 5:09 PM, lakshmanan shankarnaraynan <
> laksh...@yahoo.com> wrote:
>
>> Dear friends,
>>
>> It is heartening to note that AIBRF has taken up the issue with IBA
>> urging
>> them to implement the decision in the Banks without going in for
>> appeals.
>> But in the 5years case despite IBA's advice some Banks have not made the
>> payment. Let us hope that in the new year atleast good sense will
>> prevail
>> and the Banks will heed the advice of IBA and bring cheers and relief to
>> thousands of pre 2002 pensioners. Let us all pray with our fingers
>> crossed'
>>
>> With good wishes
>>
>> S.Lakshmanan
>> IB-VRS2001
>>

>> --- On *Thu, 1/3/13, perumal maruthu <perumal...@yahoo.co.in>* wrote:
>>
>>
>> From: perumal maruthu <perumal...@yahoo.co.in>
>>
>> Subject: bankpensioner AIBRF's Letter to IBA on implementing MHC's
>> verdict
>> on 100%DA
>> To: "bankpe...@googlegroups.com" <bankpe...@googlegroups.com>
>> Date: Thursday, January 3, 2013, 3:46 AM
>>
>>
>> Ref: 2012/1105 Date:31.12.12

>> *

>> The Chairman
>> Indian Bank Association
>> Mumbai
>> Dear Sir
>> Re: Madras High Court Decision on 100 percent DA
>> Neutralisation to Pre November 2002 Retirees
>> We wish to invite your kind attention on Madras High Court decision
>> dated 14.12.12 on Writ Petition No,5000 of 2006 and other W.Ps filed by
>> 81
>> retirees of Canara Bank, Indian Overseas Bank and Bank of Baroda in the
>> matter of payment of 100 percent DA neutralisation to pre-November
>> 2002.While delivering the judgement, the Court has directed the
>> respondent banks to pay the dearness allowance at the revised rates as
>> per the provisions of 8th wage settlement to pre-November 2002 retirees
>> .with payment of arrear in this regard from the date fixed in the
>> settlement. The court has also stated in the judgement that this benefit
>> should be made available to all similarly placed retirees.
>> On going through the contents of the judgement, you will find that the

>> **

>> *

[Keshav Saini]

DEAR  NEGI JI,I FULLY AGREE WITH YOU. BUT MADRAS HIGH COURT JUDGMENT DIRECTED THE THREE BANKS NOT THE IBA AND 5TH BIPARTITE RETIREES ARE ALSO AFFECTED WITH THIS JUDGMENT AND THESE THREE BANKS CAN FILE AN APPEAL WITHIN THREE MONTHS. CLEAR PICTURE WILL BE EMERGED AFTER 18TH MARCH 2013.K.R SAINI 

> Date: Sat, 5 Jan 2013 09:14:31 +0530
> Subject: Re: bankpensioner AIBRF's Letter to IBA on implementing MHC's verdict on 100%DA
> From: rajkum...@gmail.com
> To: bankpe...@googlegroups.com

[sudhakarbabu kambhampati]

It is desirable to file individual cases in Chennai High Court by the employees of all Banks(Who have retried in Chennai or residing in Chennai) as the same will not take longer time to decide(as MHC has given the judgement) and these petitioners will automatically becomes respondents if the Banks files appeal in higher courts and relief will come automatically. All the affected persons of various Banks join together and take a serious view as the relief from Yr 2005 to date will bring a big money ranging from Rs 2.00 to Rs 5.00 lacs individually by way arrears.

[JSOMA SHEKARA]

AIBRF has already taken up the issue with IBA. AIBRF also demanded that judgment to be made applicable to all eligible retirees. As usual concerned banks will keep quiet and file appeal one week before expiry of limitation period of 3 months. Till then our focus should be on getting the judgment implemented before the appeal is filed. So AIBRF is taking necessary steps in this regard.

So there is no urgency to file further cases at present which only delay the process. If at all judgment is implemented it will be made applicable to all similarly placed retirees. Let us have patience and have faith in AIBRF.

[Gopalakrishnan Ramachandran]

It is a good suggestion. If the court is flooded with similar petitions, they will be decided as per the latest judgment and all will be benefited. However still there is chance for preferring review, going for appeal to supreme court and again filing review petition by the banks. Only hope is that if the govt. decides to accept the judgment with all humility and order payment in the same line paid to RBI. What is in store for  future- nobody knows.

G.Ramachandran
CB SVRS

On Fri, Jan 4, 2013 at 9:21 PM, sudhakarbabu kambhampati <sudhakar...@gmail.com> wrote: