Pension to resignees
Ravi Santhanam
kds nair
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Sriramamoorthy Seethepalli
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Sriramamoorthy Seethepalli
bhaskara sarma
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Sriramamoorthy Seethepalli
K/A: Mr Bhaskara Sarma,I have resigned from SBi after more than 18 years, confirmed blemishless service, and was denied pension.I sent a very detailed whatsapp to Mr .Pathak( 9373053695) on 21st June 2021 seeking his guidance and advice to pursue with SBI .BUT, Mr.PATHAK DID NOT EVEN ACKNOWLEDGE MY REQUEST TILL DATE . THROUGH THIS MAIL I REQUEST YOU AND Mr.PATHAK toTO ENLIGHTEN ME THE WAY FORWARDI reiterate once again , that a whatsapp group can be formed by all the resignees who have 15 years confirmed service and who have been denied their pension by unjust bank managements to highlight the plight of Resignees and take appropriate action legal or otherwise. I have come across in one of the mails that Resignees of a PSU bank have received belated pension payments lump sum and there are SC judgments/ observations which are clearly in support of pension for Resignees with 15 years confirmed servicePlease advise,Thanks & RegardsS.Srirama Murthy798061906, srira...@gmail.comHyderabad
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Sriramamoorthy Seethepalli
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Ramarao Velagapudi
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Ramarao Velagapudi
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Mohan Ramaswamy
kalyanam rajagopal
Ramarao Velagapudi
Sep 4, 2020, 3:47:04 PM
Dear friends,
Please check this.
Reply By MOF To Un-starred Question No.508 Answered On 20/07/2018
In Lok Sabha
Questions: - Whether it is legal and constitutional to deny pension to eligible resigned bank officers/employees and if so, the details thereof;
While MOF had replied to the question the reply by IBA was also submitted as under:-
IBA has informed that as per the terms and conditions of the settlement arrived at between IBA and United Forum of Bank Unions (UFBU), the officers/employees who had resigned from service were not eligible for pension option, although they were entitled to Contributory Provident Fund and the same was paid to them. Some of these ex-employees of different public sector banks approached different high courts praying that they be made eligible for pension option. Hon'ble Karnataka High Court, vide judgement dated 31.8.2017, dismissed the writ petitions filed by these ex-employees with the observation that the court does not find merit in the same.
The Reply of MOF was as under :-
The IBA has misguided the Ministry about the eligibility of pension to resigned employees. The fact is that the demand for giving one more option of pension to resigned employees was under consideration since 1995. There was a demand for one more option of pension to employees who had not opted for pension in 1995. When the bipartite settlement was arrived in 2010 all employees including voluntarily retired and resigned employees should have been considered for eligibility. However, IBA has included only superannuated and golden hand shake employees and did not include voluntarily retired, compulsorily retired, resigned after qualifying serving, deemed to have retired (CMDs & EDs) and employees exited under Exit Option Scheme, in the 2010 bipartite settlement.
IBA has subsequently and without discussion with the employees Union / Officers Association, has included these excluded categories of employees such as voluntarily retired, compulsorily retired, deemed to have retired (CMDs & EDs) and employees exited under Exit Option Scheme, but did not extend the same treatment to the resigned employees who have served for qualifying service.
Aggrieved by the denial of pension option vide the 2010 bipartite settlement on the ground of resignation, 22 officers / employees of a Bank (Vijaya Bank) sought court intervention and have been granted pension in terms of an order of the Supreme Court and three connected orders of Karnataka High Court. These 22 resigned officers/ employees have been receiving pension in terms of the 2010 bipartite settlement;
however other similarly situated resigned officers/employees continue to be deprived of pension. The details of the Supreme Court and the High Court orders are as under in respect of 22 resignees are as under:-
1. A single judge of the Karnataka High Court vide order dated 18.04.2012 (Annexure-1) directed Vijaya Bank to grant pension to 22 resigned officers.
2. Vijaya Bank management went in appeal before the Division Bench of the Karnataka High Court. The division Bench has confirmed the order of the single judge, vide its order dated 30.07.2012 (Annexure-2).
3. The management of Vijaya Bank then dragged the 22 officers to Supreme Court by filing SLP but withdrew the SLP on 07.12.2012, as the Supreme Court refused to accept the appeal of the Bank (Annexure-3).
4. Vijaya Bank management then again approached the Division Bench of Karnataka High Court by way of review petition (Petition Number 68/2013). The review petition too was dismissed on 25.10.2013 and order of the two courts below granting pension to 22 resigned employees was confirmed.
5. Vijaya Bank management did not stop harassing the 22 officers but took them again to the Supreme Court by way of a second SLP and tried to somehow deprive pension to them and did not to obey the court orders. The Supreme Court, however, understood the approach of Vijaya Bank management and dismissed the second SLP on 06.12.2013 after giving extensive hearing on 02.12.2013 and 06.12.2013 and confirmed the decision of the high court to grant pension to 22 resigned officers of Vijaya Bank. Thus the 22 officers of Vijaya Bank are getting pension permanently. A copy of the sanction of pension to the 22 officers is enclosed (Annexure- 4 )
6. Since the matter went up to Supreme Court and the orders of the Karnataka High Court have been confirmed by the Supreme Court, all bank managements including the IBA should have implemented this decision for all resigned officers who the bank managements refused to follow the Supreme Court order, leading to hundreds of writ petitions being filed in different courts thus IBA has been instrumental for promoting frivolous litigation against the retired employees contrary to the National Litigation Policy of the Government. The bank managements and the IBA have been spending crores of rupees as lawyer’s fees but not considering the just and fair issue of pension as decided by the Apex Court.
In the same manner in the following cases, different High Courts have ordered the Banks and the IBA to grant pension to resignees’ in terms of the 2010 bipartite settlement.
1. Order of a two Judge Bench of Punjab & Haryana High Court dated 9/10/2015 in LPA / 735 of 2015 in PNB Vs Virender K Sivach.
2. Order of Allahabad High Court dated 07/02/2018 in Writ Petition A-25432/2011 in the matter of Rajender Singh Vs. Punjab & Sindh Bank.
3. Order of the Cuttuck High Court dated 26/07/2016 in the matter of Purna Chandra Barik Vs Uco Bank in WPC 7108 of 2015.
The bank managements have complied with the orders of the above and the employees/officers have been granted pension to resigned employees who have served for qualifying service and these employees are enjoying pension.
However, IBA seems to have misrepresented to the Ministry as contained in the Ministry’s reply to the House and has suppressed the above order of the Supreme Court and further misguided by a single instance of the order dated 31.08.2017 of a lowest court (single judge of Karnataka High Court). This order being an error of judgment has been challenged and the appeals of the resigned officers have been admitted by the Division Bench of the Karnataka High Court. Thus, you will kindly observe that the reply of IBA is an attempt to misguide the House and the Honorable Members of the Parliament.
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