Pension to CRS- decision of Supreme Court of India

[premchand jaswal]

Respected Mr.Jain & other leaders,

It was almost six months back i.e on 21.01.2015 when the Supreme Court of India dismissed the review petition preferred by  Andhra Bank. Management.It is reliably learnt that  the two employees of Andhra Bank have received pension on the basis of SC judgment Since this verdict has been delivered by the Supreme Court of India and there can be no further appeal/review against this decision  every affected retiree was expecting that IBA would issue suitable instructions to all the Banks for providing pension option to this left over category in view of the judgment of Supreme Court of India. But within this six months period no development has taken place towards implementations of SC judgment. MOF has also issued directions on 25.07.2012  to IBA to remove the word “retired on superannuation” and  pay pension in terms of Joint Note  but  IBA has not honored the MOF instructions  IBA has turned a deaf ear towards all the judgments issued by various courts including  the Supreme Court of India and MOF . The leaders of  various organizations also took up the matter with IBA immediately after the verdict of the apex court. But there is no response from any side.

 

                 Since the judgment relating to pension to CRS category has been delivered by the Apex Court of India, it does not require any negotiations .The question is to get the decision implemented. Now there are another favorable judgments for CRS by Madras High Court & Punjab & Haryana High court Chandigarh. But will  it affect the petitioners only? It is also learnt reliably that many aggrieved / disappointed employees belonging to CRS category have decided to take the help of judiciary by filing individual cases on the basis of SC judgment. If every aggrieved employee takes the help of judiciary, there will be large number of cases. This is not only time consuming but every affected employee will also be compelled to pay huge fees to the lawyers. The leaders of working as well as retiree association should take up the matter with MOF/IBA vigorously to get the decision of Supreme Court of India Implemented so that the affected retirees may get the pension without adding any more problems mental as well as financial. Since there is no response from IBA relating to the implementation of the judgment, the leaders are requested to take the help of judiciary on association level instead of compelling each affected employee to file individual cases. It will not be out of place to mention here that there are number of affected retirees who may not be in a position to pay heavy amount of fees to the lawyers. If the case is taken up on association level it will not only save money of all the individual retiree but will also save the time. How long requests will be made to IBA to implement the decision of Supreme Court of India ? Can our association not engage a good lawyer for taking up the case in Supreme Court of India for getting its own decision implemented?   

 

P,C.Jaswal

 

 

 

 

[Venkatarao Lb]

Now a day's less importance is given to left over category. Now iba issue circular about 22 of pension regulation  the dismissed employee's with minimum service of 10 years will not forefeet of entire service .
Kindly do something for resignees

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[JSOMA SHEKARA]

Premchand Jaiswal

No retiree organization can do anything in this regard. Each and every CRS retiree eligible for pension option must apply for Pension, When Banks receive hundreds of applications they will take up the matter with IBA and take a decision.

Any leader can prepare a common draft for all CRS retirees.

Banks cannot afford to give negative reply but they will be under pressure to take a decision.

Lawyers only advice you to file fresh WP by each retiree.

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[K V Venkataramana]

Let the Retirees Associations' leaders take the initiative and fight the case in the Supreme Court.

K V Venkataramana

Syndicate bank VRS.

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K V Venkataramana

[Venkatarao Lb]

Many CRS applied andhra bank in view of the supreme court decisions. The bank replied as they are not eligible as per iba guideline

[JSOMA SHEKARA]

The draft for such application should be prepared by expert retiree leader. The application should thrightbe such that there is no room for bank to give such vague reply.

I am herewith attaching a an application made by CRS retiree of Canara Bank.

The Bank acknowledged it and replied that application is referred to IR section.

But no further reply is given in spite of reminders.

The said application may be made even effective by retiree leaders and CRS retirees may be advised to submit the same to their banks.

[subrata kumar sil]

Kindly upload the copies of relevant judgement if possible.

[SUMAN KUMAR Suman]

dear friends.

similarly please draft a letter regarding resigned also since the apex court cleared it .please do need full to all resigned  as their is no option than to use the word resignation  to get relieved will these people using the word forfeiture will these people or organizations will bring back the years served ,

i want to say simply take 20 or 25 years  will they give back treat our ages as 20 0r 25 years back. such is the case how can they say its forfeiture of the service rendered.

please think

suman

suman.

[JSOMA SHEKARA]

There are certain excellent judgments in favour of retirees viz

1. Final Verdict by SC in CRS retirees case.

2. Vijaya Bank Resigness case

3. 50% Basic Pension arrears case

4. 100% DA verdict by Kolkatta HC

5. 5 years benefit verdict by SC as well as HC.

And there are also verdicts in fvour of pensioners of other govt and private bodies some of which are relevant to us.

So it is high time new retirees federation plunge into action and concentrate on these cases and see that final verdicts are passed in our favour.

Since UFBU made us believe that  they are fighting for our cause some of members restrained others from approaching courts as it may affect negotiations.

However since UFBU is out of picture for retirees it is essential for retiree organizations to focus primarily on these cases by

1. Approaching Registrar of SC through advocate to explore the possibility of extending earlier verdicts to all eligible retirees.

2. Consequent to formation of new federation a large number of retirees will come under its fold. The federation must examine  if legally permitted viability of impleading itself in present cases in SC so as to ensure that benefit reaches to all.

3. Coordinate with advocates to see that  hearings are scheduled  early.

This should be the primary action plan.

Since age is not on our side Confederation must get it priorities right and take result oriented actions.

Dharnas, Demonstrations are only symbolic and it will show that organizations are active but achieve nothing.

We must take a lesson from LIC Pensioners. In spite of favourable judgments by Jaipur, Chandigarh and Delhi Hiigh Courts LIC assisted by Govt of India put many  hurdles in their path for justice by filing number of appeals and try to fool courts by presenting wrong figures and calculations. there are also difference of opinions among themselves in the procedure of handling cases by its leaders.

In spite of this they have continuously concentrated in their legal fight and there is a possibility reaching finality on Sep 23rd 2015.

Confederation should be cautious in approaching UFBU again.

Whenever UFBU see possibility of a case verdict coming in retirees favour like 100% DA case in Kolkatta they preach sermons against approaching courts and

hatch a conspiracy to withdraw case. As now IBA has gone for appeal UFBU is happy. They never change and in spite of many courts giving verdict that agreements are discriminatory they signed Medical expenses agreement with a stipulation that premium should be paid by retirees.

Confederation must take right decision.

[bhaskara sarma]

Only court verdicts force IBA to come to negotiations.The demonstrations are only to create public awareness and to defame govt and IBA.But Govt is very much thick skinned.So legal remedies are more effective and other choices are very limited whether they are effective or not.

P B Sarma.

[SUMAN KUMAR Suman]

dear friends when premium should be paid by retirees for what reason we have to choose that  can any one explain  we can pay to any other company why to this please clarify whts that fun

[Srirang Iyer]

Dear Suman Kumar,

Instead of depending on others to draft the suitable letter to the bank, why cant you take the lead in the matter?

Iyyer S

[L S RAMAN]

This is an eye opener to the members that thed to provide relief to the two pensioners only, anf exension of the benefit  to others is at the discretion of IBA and GOI.On the same corollory the benefit of pending apppeal in respe Hon Supreme Court verdict is confinect of 100% D.A, may not br extended too all the affected  pensioners, and only the pettitionwrs would get the benefit.

It is there fore necessasary that all the other associations/idividual pensioners should get themselves impleaded to avoid exclusion from the benefit of the orders on appeal, expected shortly.

Dr.Raman.L.S.

On Mon, Aug 3, 2015 at 10:49 PM, SUMAN KUMAR Suman <suman...@gmail.com> wrote:

[bhaskara sarma]

Dear Suman Kumar Suman,

Usually the premium will be costlier for Senior citizens.Another most important problem is pre existing diseases are not covered.Next premium for individual policies is costlier than group ins policies.Moreover coverage of diseases is very wide including pre hospitalisation and domicile art treatment costs..In view of the above mentioned facts it is always better to join the Group insurance policy.

Another expectation is that the premium may be subsidised.In RBI it is fully subsidised whereas in LIC it is subsidised upto 75 percent.

With regards,

P B Sarma.

[SUMAN KUMAR Suman]

regarding health premiums i do not know but this can be done by our banking sector by deduction nominal 10 rupees from each pensioner as well as all retires. so that no burden will fall on banks to pay the premiums and help full to all. the banking sector.employees.its my personnel view.

[Vvns Varaprasadrao]

Sri Bhaskara Sarma aptly said  Sumanji.

Not Rs.10/-, even if 50% of the premium ( expected premium payable is Rs.6000/-. for Officers & Rs.5000/- for award staff) is subsidized for retirees it will be a great thing.

[nand kishore]

Sh PC Jaswal & All Seniors

As per the above letter by Sh Jaswal ji ,I have come to know that MOF Issued  circular on 25.07.12 to IBA to remove the word superannuation and pay  pension in terms of Joint Note..The Joint note was effective. Those who opted for Pension within the prescribed time we may call it left over category  bank but could not depoist the PF dues +56%  (May be Superannuation retiree ,VRS or CRS) are also covered by the SC  judgement. Can all the left over be covered under the left over category. Can a case be filed by all the left over category..

Who will fight over case.

Nand Kishore  Arora

nand_ki...@yahoo.co.in

[madan lal Gupta]

PREMIUM FOR RETIREES WILL COME APPROX RS.15000-20000 

This information is based on the conversation made by a very senior officer of Bank and it will be same for the every retirees of Banking Industry

[bhaskara sarma]

Rs 15000 to Rs 20000 is on higher side.Anyway let us not speculate .Let the scheme roll over first.In. LIC only 25 percent of premium is to be borne by the retirees and it is around Rs 2500.

P B Sarma.

[subrata kumar sil]

please upload the supreme court judgements favoring CRS to highlight their claims for pension.

[premchand jaswal]

Pl go to All Banking solutions and find all related judgments there. You can also search in your mail box also.

P.C.Jaswal

[SUMAN KUMAR Suman]

regarding draft  i will consult some lawyer who is versed with service matters regarding left overs but thing is whats use of it unless we challenge in court of law any how i will consult with lawyers.  But what for all these organizations only for those who are already pensioners ok at least they are doing something for some section.

point no 2 regarding premia  to be covered any company or organization will provide things with the govt hospitals only  whats amount charged by the govt hospitals only will be paid as per eligibility 75% or 90% for kind information of all the members as well as working employees subjected to ceiling i.e maximum amount fixed as per agreements. so think. while selecting premia amount whats the provisions and medicines  regarding medicines no vitamin combinations will be allowed. this is for information as per bank circulars.

what ever may be i will consult with the top and best hospital;s provide with some less amount of premia its not easy task any how i will try trail costs nothing know

[Venkatarao Lb]

what about  draft  of letter from lawyer.kindly do the needful for the resinees 

[Ashok Chander Sharma]

Dear friend,

Please upload draft of letter after consulting some lawyer which should be submitted to respective banks by left over category of officers employees ( Resignees/CRS and others )

Thanks.

Ashok Chander Sharma

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Date: Fri, 14 Aug 2015 10:06:54 +0530
Subject: Re: bankpensioner Pension to CRS- decision of Supreme Court of India
From: lbvenk...@gmail.com
To: bankpe...@googlegroups.com

[Venkatarao Lb]

It clear that no retire or present organisations can do anything. The resignees after 31.3.2008 must come together and fight for 2nd option for pension as the mou was signed for 2nd option on 25th February 2008 in the presence of Chief labour commissioner the matter would be settled within three months
The mou of wage revision was signed on 27.4.2010
Two mou are different can't be clubbed and say one and same

[narayanan thula]

Please see most of the VRS optees from PVT Sector Banks have not been given the so called 2nd option to join pension scheme. Eventhough most of the PVTSector Banks are  member banks of IBA.  When CRS employees and Resignees are eligible or allowed to 

join pension scheme why VRS optees are denied. In fact they came out with the approval of the Management,  I request our union leaders to look into this matter with more concern. Thanks to Mr.Sumankumar who is taking steps.

Narayanan.K.S

[virander vora]

Do not live in illusion. No letter will have any impact on IBA or any Union. It is only the courts that will provide you the Justice. File a writ. The earlier the better.
Vora

[JSOMA SHEKARA]

Govt has appointed CMDs from private sector. This is a welcome change.

They have already made it clear that they are not after money or power by refusing fat salary. When  they have no such personal ambitions they are likely to discharge their duties fearlessly without running after Babus in MOF for favours. So for retirees there is a hope that these CMDs will take right and justified decision in respect of retirees issues.

Retirees Organizations in these banks need to approach New CMDs and represent retirees issues.

[Ashok Chander Sharma]

Dear friend,

Please note that second option for pension has not been given to CRS / Resignees.

Ashok Chander Sharma

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Date: Sat, 15 Aug 2015 23:56:23 +0530

Subject: Re: bankpensioner Pension to CRS- decision of Supreme Court of India

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

[murthypgk]

EVEN RBI GOVERNORS HAVE FAILED TO SOLVE PENSIONERS" ISSUES IN RBI.

PGK MURTHY

HYDERABAD

P B Sarma.

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suman.

[bhaskara sarma]

Dear Sri PGK Murthy Garu,

But RBI pensioners are ahead in the following aspects.

1.They got 100 percent DA neutralisation wef 01/05/2015.

2.Family pension is at par with Central govt pensioners.

3.They get full pension on completion of 20 years service.

4.They got Mediclaim policy totally subsidised by RBI.

5.They get Anual medical aid also separately.

Our leaders failed to achieve at least these things while surrendering the pension scheme to those joined wef 01/04/2010,.as prevailing in central govt.

Only thing is that they could not achieve updation of pension which is a common issue for the entire financial sector.

With regards,

P B Sarma.

P B Sarma.

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suman.

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suman.

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suman.

[Anand Krishnan]

RBI Governor's efforts to solve RBI pensioner's issue did not succeed not due to lack of sincerity of the Governor or the RBI Pensioner's Forum, but due to its wider ramifications in the Banking industry in particular and the entire Financial sector in general (since the RBI pension scheme applicable to Bank Pensioners by default - it is not disputed even 100% DA allowed to RBI pensioners    remains to be extended to Bank Pensioners.) The real villain is UFBU and IBA.
"Acchante kuude nadakkukem venam, Ammede kuude kidakkukem venam. Is it possible. Let the unions accept wage revision once in 10yrs. Employees would get wage parity with Central Govt Employees and Pensioners get their pension updation. Govt had  already sent feelers in the RBI Pensioners' case. But UFBU sabotaged their cause also.

uranandakrishnan

P B Sarma.

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suman.

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suman.

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suman.

[bhaskara sarma]

Leave alone updation,parity with RBI pensioners also was not achieved before surrendering the pension scheme of post April 2010 recruits.It is most unfortunate that UFBU sabotaged very good benefits that might have come to employees and pensioners by accepting 10 year wage revision and parity with central govt employees and pensioners.UFBU indirectly stalled the prospects of Updation in RBI also indirectly.What is the benefit of 10 th BPs except DA merger and increase of 2 percent BP. And wastage of public money for 30 months in the name of negotiations.

P B Sarma.