Archives-News
DELHI CIRCLE
BHAVNAGAR GUJ
BHIMAVARAM AP
CHIDAMBARAM TN
JALANDHAR PB
STR CHENNAI
CHENNAI STR
CHENNAI TFC.
TUNI EG AP
VELLORE TN
LET THE LIGHT OF HOLI KILL VIRUS OF CORONA
AND SAVE THE PEOPLE OF OUR COUNTRY.
HOLI GREETINGS TO ALL.
SHE…..
She is Mother, She is Sister, She is Wife, She is Daughter, She is Daughter in law,
She is THE HOME MAKER, the new designation.
WITH NO PAY, WITH NO APPRECIATION, and, WITH NO RECOGNITION
TODAY IS THE DAY FOR HER AND HER CLASS.
THE UNPAID WOMENFOLK, IN INDIA, ANYWHERE IN THIS WORLD
OUR GREETINGS TO ALL ON THIS
INTERNATIONAL WOMEN’S DAY.
Some of the CWC members expressed their concern about the corona virus situation. Appreciating their concern we have postponed the CWC meeting scheduled for 15-16, March.
Gorakhpur comrades have paid a huge amount as advance for food and accommodation. They are negotiating with the concerned people to save that money. Gorakhpur comrades have intimated that same venue will be available for 27-28, May 2020. They have booked it.
Rooms will be available from 26, May to 29 May 2020.
So, all CWC members are requested to reschedule your travel programme so as to reach Gorakhpur on 26-5-2020.
............................... P Gangadhara Rao, GS.
7-3-2020, 9.30 PM
VRS Optees of SBI are entitled to Pension:Supreme Court
The Supreme Court has held that employees of State Bank of India who have taken voluntary retirement as per the 2000 VRS scheme after 15 or more years of service as on the cut-off date are entitled to proportionate pension as per SBI Pension Fund Rules.
A 3-judge bench comprising Justices Arun Mishra, M R Shah and BR Gavai held so while answering a reference following conflicting of views between judges regarding admissibility of pension under VRS.
The question was whether employees who opted for VRS after putting in pensionable service were entitled to pension as well under the SBI Pension Fund Rules.
Background
On December 27, 2000, the Central Board of State Bank of India approved the VRS scheme proposed by the Indian Banks Association, as per which any employee with 15 years of service was eligible. It is relevant to note that as per SBI Pension Fund Rules, an employee was eligible for pension only on completion of 20 years of service.
In this backdrop, Deputy Managing Director cum CDO of SBI issued a clarification on January 15, 2001 that as per the existing rules, employees who had not completed 20 years of pensionable service were not eligible for pension.
One Radhey Shyam Pandey, who opted for VRS after 19 years, nine months, and 18 days of pensionable service, was denied pension as per Rules on the ground that he had not completed 20 years of service. There were several other employees who were in the same situation as Radhey Shyam Pandey. They approached the High Courts, which ruled in their favour. Challenging the HC verdicts, the SBI came in appeal.
Action of state instrumentality cannot violate Art 14
The bench observed that SBI ,being an instrumentality of State under Article 12, is bound by the principle of fairness.
The judgment authored by Justice Arun Mishra stated :
"The VRS scheme was not floated by the SBI on its own volition. It was pursuant to an exercise that was undertaken by the IBA in view of the recent developments of modern technology considering the age group of the employees in the bank, the need to have a new skill, and to rationalise the manpower; a decision was taken. It was decided at the Government level to provide pension after completion of 15 years of service as a special measure, the banks were bound to implement it in that manner or not at all. The Central Board of Directors of the SBI accepted the VRS proposal of Government and IBA without any reservation of not providing pension along with other benefits, as mandated in the VRS scheme. The action of the instrumentality of the State cannot be violative of Article 14. It cannot be permitted to act arbitrarily. Articles 15 and 16 provide for equality and provide for an umbrella against discrimination"
The bench noted that the clarification issued by the Deputy Manager cannot be regarded as an amendment or modification of scheme.
It was observed :
"Once the memorandum containing the IBAs proposal of providing pension was approved in absolute terms, the clarification could not be of any value to dilute the otherwise clear and unambiguous resolution of the Board of Directors. The Deputy General Manager did not have any such wide and arbitrary power to defeat the claim of the employees for pension on completion of 15 years of permanent service, which was their right. The action of D.G.M. could not be said to be in accordance with the resolution. The pension was the essence of the scheme, depriving it could not be said to be authorised, such action can only be termed as unfair and unreasonable and patently violative of Articles 14, 16, and 21 of the Constitution of India".
Bank cannot wriggle out of the obligation
The Court held that the VRS scheme, once approved by the Board of Directors of SBI, became a contract enforceable by law. The rights under contract cannot be taken away, and they become enforceable by a court of law. Bank cannot be permitted to make a representation and later on wriggle out of its obligation.
The Court added that even if two interpretations were possible, the interpretation benefiting the employee should be adopted.
Principle of socialism is to secure working people in the fall of life
The Court observed that pension cannot be denied in an arbitrary and unfair manner, as it was a measure of security for a retired employee during old days.
The principal aim of the socialist State as envisaged in the Preamble is to eliminate inequality, the Court added.
It observed :
"The basic framework of socialism is to provide security in the fall of life to the working people and especially provides security from the cradle to the grave when employees have rendered service in heydays of life, they cannot be destituted in old age, by taking action in an arbitrary manner and for omission to complete obligation assured one".
In conclusion, the Court said :
"we are of the opinion that the employees who completed 15 years of service or more as on cutoff date were entitled to proportionate pension under SBI VRS to be computed as per SBI Pension Fund Rules. Let the benefits be extended to all such similar employees retired under VRS on completion of 15 years of service without requiring them to rush to the court."
The Court however chose not to burden the bank with interest. The order has to be complied with and arrears be paid within three months, failing which amount to carry interest at the rate of 6 per cent per annum from the date of the order....
| | |||||
DHARWAD KARNATAKA
BIJAPUR KARNATAKA WHERE 185 JOINED AIBSNLPWA
MUKATSAR PUNJAB
VELACHERRY CHENNAI
PATIALA PUNJAB
DHARMAVARAM AP
ARA - BIHAR
BATALA PUNJAB ........................................ CIVIL WING BRANCH OF WEST BENGAL
We are excited to announce that our Visakhapatnam SSA unit has enrolled 210 new Life Members this month. Congratulations to the leaders of our Vizag branch. They have already crossed the life membership of 1000.
Kerala Circle unit of AIBSNLPWA is organizing Dharna in front of all SSA offices on 26-2-2020 demanding:
1. Payment of Ex Gratia and other benefits offered to VRS optees without delay
2. Clear all pending medical claims from pensioners
3. Payment of medical allowance in full under BNLMRS to the pensioners.
KOTTAYAM
CALICUT
ERNAKULAM
PALAKKAD
QUILON (KOLLAM)
TRICHUR
TIRUR, MALAPPURAM
TRIVANDRUM
Views of the special convention of VRS pensioners organized by our Chengelpet branch of Chennai TD circle on 24-2-21020. 130 VRS pensioners joined our organization in the said convention.
....
Wet Bengal Circle Conference of our association was held on 12-2-2020 and elected Com. Ranjit Kumar Mukherjee as new President. Com. Dilip Kumar Deb is the new circle Secretary. Other office-bearers are;
Vice Presidents: Com Usha Ranjan Majhumdar, Com. S C Bose and Com. Mukul Kishore Das
Asst. Circle Secretary: Com. Dilip Kumar Paul\Treasurer; Com. Mrinal Kishore Das
Organizing Secretaries: Comrades. A K Ghosh, S R Dutta, Ranjit Das, R N Dutta, S K Banerjee,
S C Paul, Swapan Banerjee and Amit Banerjee.
NAGPUR ON 18-2-2020
ERNAKULAM ON 19-2-2020
GUNTUR KOTHAPET ON 19-2-2020
TIRUR MALAPPURAM 20-2-2020
VRS PENSIONERS RETIRED FOM TAMILNADU AND SETTLED AT PALAKKAD: ON 20-2-2020
ABOHAR PB
JANGAREDDYGUDEM, AP
ANANTHAPURAMU AP
JABALPUR
KATIHAR BIHAR
CHALLAPALLI VIJAYAWADA
Instead of paying the dues, the companies filed Appeal petition. Court rejected that. Again they approached the Court. They tried to pressurize the government also. Some Desk officer in Sanchar Bhavan, with consent of senior officers, issued an order that no coercive action should be taken to recover the amount from private companies.
WE ARE GLAD TO SEE THAT OUR DEMAND FOR GRANTING PROVISIONAL PENSION TO ALL VRS OPTEES IS ACCEPTED BY DEPT OF TELECOM. WE RECEIVED INFORMATION FROM MANY CIRCLES THAT BSNL OFFICES FAILED TO SEND THE HARD COPIES OF PENSION PAPERS TO CCA OFFICES PROMPTLY. NO DOUBT, THE VOLUME OF WORK IS HUGE. WE, THEREFORE, ANTICIPATED SOME DELAY IN GETTING PENSION BY THE VRS OPTEES WHO WERE SENT OUT OF THE OFFICE WITHOUT PAYING THEIR WAGES FOR DECEMBER 2019 AND JANUARY 2020.
HENCE WE TOOK UP THE MATTER WITH DOT. NOW, DOT HAS ISSUED ORDER TODAY APPROVING GRANT OF PROVISIONAL PENSION -- 50% OF THE LAST PAY DRAWN IN JANUARY 2020 - TILL REGULAR PPO IS ISSUED.
Our letters : Our Letters
THE ORDER IS ATTACHED HERE :provisional-pension-order-dated-140202020.pdf
We are receiving encouraging reports from all parts of the country about special meetings of VRS optees being held and their joining our Association. Some photos are given below. Some other photos received on mobile phone are not clear. Anyway it is quite inspiring that thousands of new pensioners have joined our Association.
ANANTHAPURAM AP
CHENNAI STR
CHENNAI TRAFFIC TN
CHIDAMBARAM TN
KHANNA PANJAB
RAICHUR KTA
RAJPURA PUNJAB
ROHTAK HARYANA
THANJAVUR TN
VELLORE TN
VILLIVAKKAM CTD
VIJAYAWADA AP
VISAKHAPATNAM
WARANGAL TELANGANA