Dear Friends,
Copy of AIBRF circular No.
Ref. 2020/100 dated 01.05.2020 on commutation Arrears is furnished hereunder:
The office Bearers/ Central Committee Members/ State Committee Chiefs
A.I.BR.F
Dear Comrades
Re: COMMUTATION ARREARS
We request you to refer our circular no. 2020/98 dated 10.04.2020 and Note attached with it on the subject of
steps to be taken to ensure proper and correct payment of commutation arrears as per the Supreme Court
judgment.
2. To move forward in the matter and initiate steps to be taken, we advise you further as under
(a) In the Note, under example given in it, age of retirement is mentioned as 60. It may be read as 58. Error
is regretted.
(b) Banks who have already paid arrears, but have not adopted formula as per Supreme Court judgment
and provisions of Regulation No. 41(5) of Pension Regulations, our affiliates were asked to send notice
to the management asking them to take steps for correct payment giving time of 3 months. Such banks
include PNB, Canara Bank, Andhra Bank, Allahabad Bank etc. We now enclose format of the notice as
per Annexure I to be sent to these banks. Our affiliates may consider sending it to the bank in order to
prepare ground to approach the court for required intervention.
(c) Banks who have still not paid commutation arrears despite follow up, we asked such affiliates to send
notice to the management for immediate payment falling which contempt petition will be moved. We
now enclose draft for such affiliates as per Annexure II. They may consider sending the notice with copy Whilst on the subject, we would like to invite your kind attention on the following points/ developments in
order to have uniformity and consensus in the approach of all the affiliates in dealing this matter at this stage
rather than carrying some perception based on some extraneous factors.
(a) As all of you know Supreme Court had given verdict in February 2018 in the matter of 1616-1684 on the
basis of SLPs filed by some bank retirees and retiree organisations.
(b) At AIBRF level, our immediate concern was to see that benefit of this judgment is made available to each
and every eligible retiree instead of restricting to the petitioners only as was the trend noticed in earlier
court judgments.
(c) AIBRF made organisational efforts at the apex level to ensure that suitable advice / instructions are given
by IBA to member banks to pay the arrears to all eligible retires as per the judgment. As we all know, IBA
issued the communication to member banks to implement Supreme Court verdict and pay the arrears
to all eligible. You will appreciate this policy decision at IBA level was absolutely necessary without which,
you all will agree that no bank management would have taken decision to implement it at their level.
(d) At the same time, the second crucial step was to ensure that Supreme Court decision/ IBA decisions are
implemented at the bank level so benefits reach to each and every eligible retire. This is the last step,
but most crucial without which whole exercise has risk to become futile. This part of implementation has
to be performed by our affiliates and we are happy to note that our affiliates have played very effective
role in ensuring the payment of arrears. You will kindly appreciate that this achievement of monetary
benefit of Rs.1200 crores approx. to 1.2 lakhs retirees could become reality because of due and
effective role played by each player like (a) Petitioners fighting legal battle (b) Supreme Court
appreciating legal issues and giving favorable decision for retirees (c) AIBRF taking organisational steps
for extending benefits of the judgment to all 1.2 lakhs retirees (c) IBA appreciating retiree stand and
advising banks to extend benefits to all (d) bank managements accepting IBA advise and took all pains
to collect and compile 20 years old record and pay the arrears. (e) Most crucial role of our affiliates
who on continuous basis took several organisational steps to approach eligible beneficiaries located
at remote centers, coordinate with banks and ensuring implementation of the court judgment. This
role of effective implementation cannot be undermined.
(e) At the implementation level, it is seen that banks have not paid initially commutation arrears as they
failed to understand and appreciate correct meaning of the Supreme Court order to calculate and pay
“AMOUNT DUE AND PAYABLE” which clearly included commutation arrears too.
(f) On getting feedback from our affiliates, AIBRF again took the matter with IBA to advise banks to pay
arrears towards commutation difference. IBA considered the matter and asked to pay commutation
difference too in compliance of Supreme Court order. We can now see that many banks have started
paying commutation difference also and we hope others will follow soon.
(g) However it is seen that while paying commutation difference, these banks are not adopting correct
formula for recovery. Therefore major grievance of retiree in this area is method of recovery of
commutation difference adopted by banks. We have explained this issue in detail in the Note circulated
with our circular No. 2020/98 dated 10.04.2020. Under the circumstances, if we decide to pursue the
case further and even resort legal recourse, you will kindly agree that the issue will have to be taken by
our affiliates first at the bank level as per the formats enclosed and make efforts to get bank stand on
it. In case, we do not agree with the bank stand in the matter, we will have sufficient ground for legal
recourse. In the past, we have issued 4 communications requesting our affiliates to take the matter with
the bank management for payment of commutation arrears as per the court order. We do not know
how many have written in the matter so far and official response of the bank. But you will agree that
unless we undergo this process, it will not be possible to approach the court for intervention.
to(h) Our affiliates will appreciate that implementation of IBA circular/ Supreme Court judgment is basically
their responsibility and necessary steps should have been taken by them long back so we could have
been in position to approach the court by now. We once again retardate that any legal course will be
only possible only after following the steps as detailed in our last circular on the subject and now again
given in Para two above.
(i) We therefore request our all affected affiliates to initiate the action as above and inform the response
received from the bank management. In case any affiliate differs with the proposed steps then they
should also inform us giving specific reasons for it.
4. All of you must have noticed that a few individuals have been doing overtime to propagate in the social media
to discredit AIBRF and abusing AIBRF leadership crossing all limits of decency. It seems that they are more than
convinced in their perception as reflected in their communications that by criticizing/ abusing AIBRF, solution
of the problem will come automatically. They do not have any idea to resolve the issue other than criticism.
The also feel that they have divine power to act as super cop, super auditor and super regulator to monitor the
functioning of AIBRF. It is unfortunate to see that some of our activists also subscribe their stand and try to
project them. These individuals are trying to propagate a theory that whatever achievement on the issue of
1616-1684 has come it is because of efforts of petitioners only and no credit can be or should be given to
AIBRF for their organisational efforts in extending benefits of the judgment to all eligible pensioners, but at
the same time according to them AIBRF should be held completely and solely responsible for non-payment/
wrong-payment of commutation arrears Instead of deliberating on the logic of the stand of these individuals,
the mood question before us that subscribing and supporting such stand which will lead to automatic solution
of the issue or solution will come only on taking concrete steps as suggested above. Therefore, it is our appeal
to all affiliates to move fast.
ANALYSIS OF JDGEMENT ON CONTEMPT PETITION NO.
209-311 /2019 FILED BY H.G. SRINVAS PRASAD V/S
STATE BANK OF INDIA.
As all of know the judgment delivered on the above contempt petition by Supreme Court is being quoted by
many of our activists/ affiliates stating that it settles the issue of recovery of commutation arrears from the
future date in uncertain terms and it is automatically applicable in the matter of 1616-1684 case too and IBA/
banks under obligation to recover the commutation amount by reducing basic pension from future date. They
also hold view that despite this order of the Supreme Court, if AIBRF is not able to ensure recovery from the
future date, it should be squarely blamed.
Therefore it becomes essential for all us to check its relevance to our case of commutation arrears for 1616-
1684 index and how this judgment would help us. The following facts need to be considered.
(1) This contempt petition was filed by retirees because of non-compliance of part of Supreme Court order
passed wherein it was stated that order passed by Karnataka High Court on extending benefit of
notional services to the petitioners on taking VRS as per the bank circular dated 2.1.2001 be
implemented.
(2) It may be carefully noted that while SBI management decided to give benefit of notional service to all
eligible pensioners who took VRS as per the above referred circular of the bank in compliance of
Supreme Court / Karnataka High Court orders, it did not grant benefit of commutation arrears as per
the court order taking advantage of provision of sub- regulation 7 of Regulation No. 41 which gives
discretion to the bank to pay commutation subject to medical examination of pensioner if it is applied
one year after the date of retirement.
(3) While passing the order by Supreme Court on contempt petition, it rejected SBI Management stand
stating that in these cases bank cannot take advantage of sub- regulation 7 thereby the court rejected SBI stand for non-payment of commutation arrears as they have become
old.
(4) It may be carefully noted that Regulation No. 41 of Pension Regulation 1995 deals with various rules of
commutation and confers right of commutation on pensioners. When Supreme Court says that bank
management cannot refuse to pay commutation arrears taking plea of regulation No. 41, it actually
means that bank management cannot take advantage of sub-regulation 7. Regulation No. 41 has 9 sub
and sub-sub regulations. (If someone wants to go in deep to understand concept and logic behind this
time tested this social welfare scheme, one should devote some time to read at least each and every
clause of chapter VIII of Pension Regulations. It has taken almost taken almost 150 years to frame and
reframe its various clauses to bring it to the present stage. We have no hesitation to say that pension
scheme applicable in banking industry is one of the best postretirement benefits available to retiree
in the world. It guarantees flawless and seamless monthly payment with hardly any discretionary
power to authorities to stop it. ) If someone says that bank cannot take advantage of regulation no. 41,
it is illogical. If this argument is accepted, pensioner is not entitled for commutation.
(5) If one read relevant portion of Karnataka High Court judgment and Supreme Court judgment for
payment of commutation arrears , quoted below, it can be seen that the courts have not specifically
given any method/ formula for calculation of commutation arrears
KARNTAKA HIGH COURT JUDGMENT (RELEVANT EXTRACT)
“Bank shall pay differential amount of pension and commutation value of pension to the petitioners”
SUPREME COURT JDGMENT (RELEVANT EXTRACT)
“Amount due and payable be calculated and paid with 9 per cent interest for delayed period within 4
months from today.”
(6) In the absence of any formula specified for recovery of commutation arrears in above judgment, it is
logical and natural that payment of commutation arrears and its recovery as ordered by the courts will
be governed and settled as per the relevant provisions of pension regulations.
(7) As we all know, payment of commutation and its recovery is regulated by Regulation No. 41 (Chapter
VIII) and guidelines given by the government clarifying the position about the recovery of commutated
amount.
(8) We now find that many banks have paid commutation arrears as per the order of the court, but in all
cases banks have done simultaneous recovery of commutated amount on dates as and when the amount
became due from the original date of commutation. No bank is ready to accept retiree stand that
recovery should commence from date of actual payment. In many banks, further it is reported that
interest on delayed recovery has also been levied resulting in to net recovery by banks rather than net
payment of arrears on this count. Canara Bank was first to pay arrears of commutation along with
payment of other arrears. There also, we understand, the bank has recovered interest for delayed
recovery of installment. All India Federation of Canara Bank Retirees Association has been representing
on regular basis to recover the commutated amount from future date as per the spirit of the judgment
and relevant provisions of pension regulations. But the bank management is not ready to accept the
retiree contention.
(9) AIBRF has represented 4 times to IBA to advise banks to pay arrears with specific instruction to recover
the amount from future date. While IBA has accepted our representation and asked banks to pay arrears
in respect of commutation, but not ready to advise specifically to banks to recover the amount from the
future date.
HISTORICAL BACKGROUND OF CONTEMPT PETITION NO.
209-311/2019
(1) AS all of you are aware, in the year 2000 Government of India decided to introduce Special VRS scheme
for PSBs for proper and effective man power planning to reduce administrative cost and to streamline About 1.20 lakhs employees in PSBs applied under Special VRS scheme considering the attractive terms
and condition of the scheme and due to personal reasons and to save them from risk hazards of the
profession.
(3) Considering the overwhelming response to the scheme, to reduce cost of special VRS, Government of
India decided to consider retirement under special VRS as Superannuated retirement under Pension
Regulation No. 28 and not Voluntary Retirement under Regulation No 29.
(4) Effect of this decision was that 1.20 lakhs VRs optees were deprived of benefit of notional service
available under Regulation No. 29. Consequentially, It resulted in to considerable reduction in their
pension quantum. Due to denial of benefit of notional service.
(5) Aggrieved by this illegal order of the government some of affected retirees/ retiree organisations went
for legal recourse in this matter. The most popular name among them who took lead for legal action is
Shri K. Mohandas. If you read Karnataka High Court judgment , Supreme Court judgment in the matter
of benefit of notional service to special VRS optees, the most leading name and leading case is of K.
Mohandas. Who is K. Mohandas and what his organisational background. In the background
of attempts being made by some disgruntled elements to malign the organisation, we feel it is necessary
for our activists to know background of Comrade K. Mohandas and how much organisational efforts
were made between 2005 to 2009 for the achievement of notional service benefit. K. Mohandas is
retiree from Bank of India and active office bearers of Kerala unit. One more comrade who should also
get credit for this achievement is Late Shri R.K. Awasthi, General Secretary, Bank of India Retiree
Association, and U.P. Unit who also filed
W.P.in the matter. But unfortunately, he died in the year 2008.
These two comrades were fully supported, financially, logistically and morally by the Federation of Bank
of India Retiree Associations.. These facts are matter of record and verifiable one. Comrade Mohandas
presently lives in Palghat (Kerala ) and activists of Kerala state unit.
(6) On pronouncement of judgment by Supreme Court in K. Mohandas case, AIBRF played very active and
effective role in ensuring that benefit of the judgment is made available to each and every eligible retiree
and not restricted to only petitioners. Today when we see that about 1.20 lakhs Special VRS optees are
drawing increased pension on an average of Rs. 1200 per month since the year 2001 because of
marvelous efforts of Comrade K. Mohandas and organisational efforts of AIBRF, we all feel proud of it
These facts need to be properly understood and appreciated.
(7) Today when benefits of notional service to the retirees of SBM have come through the above referred
contempt petition , it is on the basis of legal points settled by Supreme Court in famous K. Mohandas
case. This solid facts which cannot be denied and should not be missed.
(8) Normally, it is not culture of AIBRF to elaborate the whole background in detail to take credit of the
achievement that too after lapse of so many years, we thought it necessary to place these historical facts
to remove misgivings from the minds of the membership being created by false propaganda against the
organisation on continuous basis.
HOW TO MOVE FURTHER TO RESOLVE ISSUE OF COMMUTATION ARREARS.
Having done detail analysis of the all relevant facts and background of the issue, we once again propose the
following action plan to resolve the issue.
(1) Those Banks where commutation arrears have not been paid yet, it is clear cut and blatant case of
CONTEMPT OF COURT. Our concern affiliates must immediately issue notice to the bank management
for payment of commutation arrears within reasonable time The affiliate should inform to AIBRF on the
action taken on it within a period of one month. Format of the notice for this situation is enclosed. In
case if we do not hear within one month, we shall presume that the issue has been settled at the bank
level and they do want to pursue it further. It may be made clear that implementation is the basic
responsibility of the concern affiliate. AIBRF will be able to take up the matter further after taking the
above step by the affiliate.(2) Those banks where arrears for commutation have already been paid, but they have not followed the
formula for recovery as per sub-regulation 5 of Pension Regulations41 and charged extra interest at the
time of recovery, according to us, this is also the case of CONTEMPT. We advise the concern affiliates to
issue notice to the bank as per format enclosed and advice to us within one month having done so.
(3) As regards recovery of commutation from future date, IBA/ no bank management is agreeable to accept
retiree stand despite all efforts made in last one and half year and court judgments also has not given
any specific instruction in this regard, only option left to us is to approach Supreme Court through
suitable WP seeking clarification on it with suitable order on it. This legal recourse will be possible only
if AIBRF gets suitable mandate from majority of affiliates. We fix time limit of one month to advise your
decision in this regard.
Suggestions/ comments are welcome.
With Warm Greetings,
Yours Sincerely
( S.C.JAIN)
ANNEXURE I
functioning of The Managing Director
………………………………………..
Dear Sir
Re: Non- Payment of Commutation Arrears to eligible pensioners as per
Supreme Court Judgment dated 13.2.2018 in Civil Appeal no. 5525/2012
Respectfully, we wish to invite your kind attention on Supreme Court judgment dated 13.2.2018 in Civil Appeal WWith Respectful Regards
ANNEXURE II
The Managing Director
…………………………………………
Dear Sir,
Re: Wrong Recovery of Commutated arrears arising out Supreme Court Judgment dated
13. 2.2018 in Civil Appeal No. 5525/2012
We find that our bank has paid commutation arrears to the eligible pensioners in compliance of Supreme Court
judgment dated 13.2.2018 delivered in Civil Appeal No. 5525/2012.
2. We find that the bank has not followed proper and correct procedure for recovery of commutated value.
Recovery done from the pensioners is in much excess of permissible as per the relevant provisions of the
pension regulations.
3. In this regard, your kind attention is invited on the fact that commutation benefit availed by the pensioner
is recoverable as per sub- regulation No. 5 of Pension Regulation No. 41 applicable in the bank. We humbly
request you to ensure that recovery of commuted value should be strictly done as per provisions of sub-
regulation No.5 of Pension Regulation No. 41 only. Bank cannot charge additional interest while affecting
recovery than provided in the Pension Regulations. Further, according to the above provisions and relevant
guidelines issued by government of India in this regard, Bank can commence recovery of commutated value in
the prescribed manner only after the actual date of payment. In case the bank adopts any other formula for
recovery in this regard will be blatant violation of the relevant provisions of the pension regulations and
judgment of the court and liable for contempt proceedings.
4. In view of the above we humbly and respectfully request you to recalculate the commutation arrears as per
the relevant provisions of pension regulations and pay the difference immediately.
With Respectful Regards
.