Fwd: SBI PENSIONERS GRIEVANCES
Jose Tk
---------- Forwarded message ----------
From: Jose Tk <jose...@gmail.com>
Date: Monday, December 5, 2022
Subject: SBI PENSIONERS GRIEVANCES
To: "K. Sasi Kumar" <dwara...@gmail.com>, remes...@gmail.com, "ABROA Unit: SBT" <abro...@gmail.com>, ceey...@gmail.com, cn_pr...@yahoo.com
---------- Forwarded message ----------
From: Jose Tk <jose...@gmail.com>
Date: Monday, December 5, 2022
Subject: SBI PENSIONERS GRIEVANCES
To: "care...@nic.in" <care...@nic.in>, "con...@mygov.nic.in" <con...@mygov.nic.in>, "sobo...@nic.in" <sobo...@nic.in>, "appoint...@gov.in" <appoint...@gov.in>
From
JOSE TK
Thykattil house , Laloor ,
Elthuruth Post, Thrissur , Kerala 680611
(SBI Pensioner HRMS id 8952175
Mobile 9497179785
email jose...@gmail.com )
To
Pensioners Grievances cell, Govt of India.
care...@nic.in , con...@mygov.nic.in , appoint...@gov.in ,sobo...@nic.in
Dear Sir,
I retired from State Bank of Travancore on 31 March 2001 , now getting pension from State Bank of India(SBI). I am not getting pension as defined in section 29(5) of Bank's Pension Regulation Act 1995, stating the reason that I retired under Bank's VRS scheme and VRS employees are not eligible for this benefit as per the conditions of VRS. The Supreme Court judgement dated 27 March 2009 in Civil Appeal No.1942 to 1957 of 2009 ruled that VRS employees are eligible for benefit under section 29(5) of Bank's Pension Regulation Act 1995 in addition to the ex-gratia offered in the Special VRS scheme(para 41 of SC ruling dated 27 March 2009). On the basis of SC judgement Indian Banks Association(IBA) sent a letter to all public sector banks vide No. CIR/HR&IR/76L-43H/G2/2009-10/1134 dated 17 Aug 2009 to allow benefits under section 29(5) of PR Act to all similarly retired VRS employees. All public sector banks, except three associate banks of SBI allowed this benefit to their VRS employees. SC order in Contempt Petition Nos.209-311/2019 dated 28 Aug 2019 ordered to allow this benefit to State Bank of Mysore VRS retirees. Karnataka HC Division Bench order dated 21 Jan 2022 in Writ Appeal No.5837 of 2013 allowed this benefit. SC ruling dated 13 Feb 2018 ( para 22) in Civil Appeal No. 5525 of 2012 states that pension emoluments were to be reckoned only in terms of the statutory rules and executive instructions cannot take away the vested or accrued rights. But SBI is not allowing this benefit to VRS retirees of SBT.
The VRS scheme in SBT was implemented as per the directions from Govt of India, Ministry of Finance(Banking Division) and guidelines of IBA which is similar to other public sector banks with common conditions. But SBT board added an additional condition in VRS scheme deniying the benefit as per section 29(5) of Bank's Pension Regulation Act 1995 passed by the Indian Parliament and notified in the gazette. This is unlawful and void as per section 23 and 24 of Indian Contract Act. But Bank is deniying this benefit to VRS retirees for the last 21 years in the name of this void condition added in the SBT VRS scheme. Bank is not honouring Supreme Court order in similar cases.
There is a provision to lodge grievances for SBI pensioners through the SBI HRMS Sanjeevani system. But when a grievance is lodged, the status of grievances is made 'AUTO CLOSED' after ten days, without giving a reason and reply. SBI pensioners grievances systeme is a failure. I submitted my grievances in bank's software on 15 Aug 2022 and 21 Oct 2022. The status of both is 'CLOSED' without giving any reason or reply.
SBI / SBT has no authority to amend/ alter/ supersede a clause in a statutory law passed by the parliament and by the Hon.President of India and notified in the gazette. Such an action is unlawful and void as per section 23 and 24 of Indian Contract Act. Bank's board is authorised to pass resolution which is not void as per other Acts , any resolution passed superceding other acts passed by the Parliament is void.
So I humbly request the appropriate authority to instruct the SBI to honour the statutory law and the Indian constitution and allow the benefit to retired employees as defined in the statutory law. Otherwise the banks will introduce / implement schemes with conditions superceding the Acts passed by the Indian Parliament. Any Bank boards in India is not above the Indian Parliament / Hon.President of India / any statutory law . Bank boards are not above the Indian Constitution.
Also please instruct SBI to give reply to a pensioner's grievances. I have not received a reply even after three months . And not received pension as defined in Bank's Pension Regulation Act even after twenty one years, which was allowed to other Public Sector Banks after Supreme Court ruling dated 27 March 2009. SBI is harassing retirees in the name of a unlawful / void condition in the resolution of Bank's Board passed in the year 2001.
Yours faithfully,
JOSE TK THRISSUR 05 December 2022.
SBI PENSIONER ID 8952175.
Sankaranarayana Sarma
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