OSR 19(1) and KHC Judgment

[Prasad C N]

Dear friends,

I have reproduced the Regulation 19(1) of OSR.  My first reading of this regulation hinted further litigation.  However, there is one paragraph, which is highlighted, says that nothing in this regulation precludes retirement of an Officer under rules of the Bank.  Therefore, Officers who have retired voluntarily after giving three months notice are entitled to opt for pension.

Regulation 19 - Age of Retirement: 

(1) The age   of  retirement  of   an  officer  employee   shall   be  as 

determined by the Board in accordance with the guidelines issued 

by the Government from time to time.

Provided that the Bank may, at its discretion,  on  review by the 

special committee/special committees  as provided  hereinafter  in 

sub-regulation (2) retire, if it is considered necessary to do so in 

the public interest, an officer employee on or at any time after the 

completion of 55 years  of age or on or  at any time  after  the 

completion of 30 years of total service as an officer employee or 

otherwise, whichever is earlier;

Provided further that before retiring an officer employee, at least 

three  months' notice in writing or an amount equivalent to three 

months'  substantive salary/pay  and allowances, shall be given to 

such officer employee;

Provided further  that an officer  aggrieved by the  order  of the 

Competent Authority as provided in sub- regulation (2) may, within 16 of 50

one month  of  the passing of the  order  give  in  writing a 

representation to the Board of Directors against the decision of the 

Competent  Authority  and on receipt  of such representation from 

the  concerned officer, the  Board  of  Directors shall consider  his 

representation and take a decision within a period of three months. 

Where the Board of Directors decides that the order passed by the 

Competent Authority is not justified the concerned officer shall be

reinstated as though the Competent Authority has not passed the 

order.

Provided also that nothing in this regulation shall be deemed to 

preclude an officer employee from retiring earlier pursuant to the 

option exercised by him in accordance with the rules in the Bank.

Explanation

An officer employee will retire on the last day of the month in which 

he completes his age of retirement.

 

Now, Karnataka High Court Judgment becomes redundant, like cases of addition of 5 years of service of VRS retirees after the Banks paid the benefit.  If they have already filed appeals, they would file Memo withdrawing their appeal.  They may not do the same, if any other legal aspects are involved like covering Compulsorily Retired, Jurisdiction, etc.  

Thanks, a Million.

With regards,
Prasad C N

[M V Sethuraman]

Dear Mr Prasad,

 

Can you please let me know how the KHC judgement becomes redundant for the

staff who have resigned / CRS  as the IBA circular is for the VRS persons only.

To my limited knowledge of law, if the IBA do not opt for an appeal in the Supreme

Court within 3 months' of receipt of the KHC judgement, tehy are liable for contempt

of Court.

 

Thanks n regards

Sethuraman

 

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लोकाः समस्ताः सुखिनो भवन्तु।

[sivaprasad sakhamuri]

sir, i have opted vrs from syndicatebank and relieved on 02.08.2008. I have neither completed 30 years of service nor attained 55 years of age. But our HO accepted my vrs and communicated me, sanction 
accorded as per regulation 19 of osr 1979. Now as per iba letter whether i would be eligible for pension option or not. Ambiguity in the wording of the para 5 of the letter arising many doubts. pl clarify. thank u

On Sun, Nov 11, 2012 at 11:40 PM, Prasad C N <cn_pr...@yahoo.com> wrote:

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[Varadaraj Pai]

Dear Sir

 

I am also from Syndicate Bank. Our earstwhile chairman Sri Krishnamurthy made ammendment by bring down the service from 30 to 20 years. Hence we from Syndicate Bank need not worry about this clause. The same ammendments are done by Bank of India and Canara Bank also. Excepting these 3 banks all other banks have the same clause i.e 30 years service or 55 years of age.

 

B V Pai

[Prasad C N]

Dear Mr.Balasubramanian,

Regulation 19(1) covers only 'retirement' as per rules of the Bank.

 

Thanks, a Million.

With regards,
Prasad C N

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From: Balasubramanian N <nbalasubr...@gmail.com>
To: bankpe...@googlegroups.com
Cc: Prasad C N <cn_pr...@yahoo.com>
Sent: Monday, 12 November 2012 1:37 PM
Subject: bankpensioner Re: OSR 19(1) and KHC Judgment

Dear Shri Prasad,

The second paragraph - does it talk about VRS or CRS ?  It appears that the action is management initiated.

Can you please throw more light on the highlighted text as well - does it automatically cover resignees ?

What would be the position of those banks where there is no VRS option for PF optees ?  Are resignations covered under provision 19 (1) ?

Thanks for enlightening us..

Kind Regards
Balasubramanian N.

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[Prasad C N]

Dear Mr.Sethuraman,

Cases pertaining to those who retired under regulation 19(1) of OSR would become redundant. But not other cases.

 

Thanks, a Million.

With regards,
Prasad C N

---

From: M V Sethuraman <sethur...@gmail.com>
To: bankpe...@googlegroups.com
Sent: Monday, 12 November 2012 10:55 AM
Subject: Re: bankpensioner OSR 19(1) and KHC Judgment

[Rakesh Pathak]

Very special wording. We all should go support this. In bank of india. There is ;no VRS and the officers with very excellent record, had to resign with 27 years of unblemeished service. What is their fault. They should also be given the IInd option. --- On Mon, 11/12/12, raja <kalyan...@rediffmail.com> wrote:

From: raja <kalyan...@rediffmail.com> Subject: bankpensioner Re: OSR 19(1) and KHC Judgment To: bankpe...@googlegroups.com Cc: "Prasad C N" <cn_pr...@yahoo.com>

Date: Monday, November 12, 2012, 2:31 PM  Dear friends,   Resignation without punitive action, with 20years of service , when voluntary retirement is denied, must come "within the meaning of" provision 19 (1) .OSR 1979. Kalyanam Raja Gopal kalyan...@rediffmail.com

On Monday, November 12, 2012 12:07:36 AM UTC-8, Balasubramanian N wrote:

Dear Shri Prasad, The second paragraph - does it talk about VRS or CRS ?  It appears that the action is management initiated. Can you please throw more light on the highlighted text as well - does it automatically cover resignees ? What would be the position of those banks where there is no VRS option for PF optees ?  Are resignations covered under provision 19 (1) ? Thanks for enlightening us.. Kind Regards Balasubramanian N.

[SURESH MULTANI]

DEAR RAJA GOPAL KALYANAM,

Will you please elaborate this provision again in detail with prefix and suffix, that when and how RESIGNEE is elegible within the meaning of PROVISION 19(1)?

THANKS AND REGARDS

suresh p multani

RESIGNEE [AFTER 32 YEARS] on medical grounds

On Mon, Nov 12, 2012 at 8:01 PM, raja <kalyan...@rediffmail.com> wrote:

 Dear friends,
 
Resignation without punitive action, with 20years of service , when voluntary retirement is denied, must come "within the meaning of" provision 19 (1)
.OSR 1979.


Kalyanam Raja Gopal
kalyan...@rediffmail.com

On Monday, November 12, 2012 12:07:36 AM UTC-8, Balasubramanian N wrote:

Dear Shri Prasad,

The second paragraph - does it talk about VRS or CRS ?  It appears that the action is management initiated.

Can you please throw more light on the highlighted text as well - does it automatically cover resignees ?

What would be the position of those banks where there is no VRS option for PF optees ?  Are resignations covered under provision 19 (1) ?

Thanks for enlightening us..

Kind Regards
Balasubramanian N.

On Sunday, November 11, 2012 11:40:09 PM UTC+5:30, Prasad wrote:

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