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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....
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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
BSNL LETHARGY
One again, BSNL has exhibited its lethargy despite all tall claims by new Head of the company. 77059 staff members have been thrown out of the offices on 31-1-2020 itself, very efficiently. But, two months wages are not yet paid to them even though the company has generated sufficient revenue during the period. The employees are frustrated very much.
PENSION
VRS pensioners expect their pension for February on 29-2-2020. Nobody is sure if they will get it on that day. Pension has to be paid by government. Respective CCA offices have to authorize the pension. Without the proper documents and checking up CCA office can not authorize it.
Earlier, pension was being paid in first month itself. There was no computer. There was no ERP; there was no SAMPANN; there were more staff those days. In the recent past, there was some delay. Since large number of people retired on the same day, it may not be possible to check all documents and authorize pension for all. It is understandable. At least, provisional pension can be sanctioned. Some of the retired Officers may wait. But the ordinary Group C and Group D Retirees want money immediately for their daily expenditure, especially as they have come out without getting wages for the two months they worked. If they do not get the promised pension, that too from the Govt; their frustration will be escalated. For granting provisional pension too, the CCA offices want some particulars from BSNL.
As on 6-2-2020, BSNL has forwarded only 25170 out of 77059 cases online to CCA offices. Just 33%.
51889 cases are still pending in BSNL offices. Worst is UP East with 96.98% pending in BSNL.
Then Maharashtra with 95.45% pending with BSNL.
ONLINE is not sufficient. Hard copies should also be submitted to CCA offices.
To See the details please lick here:status-6-feb-6-pm-1.pdf
Welcome Madanapalle branch
A new branch of AIBSNLPWA with 35 members is formed at Madanapalle, under Tirupathi SSA, AP on 4-2-2020 in the presence of Com. Soundara Rajan , DS of Tirupathi.
Comrades Thiruppani, Shaik Mohamed Basha and B Reddappah are elected as Branch President, Secretary and Treasurer respectively. CHQ Welcomes the new branch.
CCA offices in almost all Circles are ready with manpower and software to process the pension cases of VRS Optees. They can authorize the pension only after getting particulars from BSNL Circle Offices. That is not coming. Hence, immediately provisional pension only may be authorized.
But, for giving provisional pension also the CCA offices require particulars from the BSNL on Pay drawn in January 2020 by each VRS Pensioner. More than that, a specific order from DOT Headquarters is essential.
BSNL management has failed to supply the particulars to DoT Cells. DoT HQ has not yet issued any order.
..............
DOT is the authority to pay pension. Unfortunately, the staff unions failed to obtain any proper assurance or order from DoT on pension to the VRS Optees.
OUR ASSOCIATION HAS TAKEN UP THE MATTER WITH DOT. WE HAVE REQUESTED THE DOT & MTNL TO TAKE IMMEDIATE ACTION SO THAT CCAs CAN AUTHORIZE PROVISIONAL PENSION TO THOUSANDS OF PEOPLE CAME OUT UNDER VRS.
To see the letter, please click here. pension-for-vrs-optees.pdf
News:Business Standard: 3-2-2020:
“BSNL and MTNL employees, who have opted for voluntary retirement scheme (VRS) scheme, will have to wait for next fiscal year (FY21) to get their dues. The reason for this delay is because the Union Budget 2020 has not made any provisions for disbursement towards the programme in FY20. Settlement worth Rs 37,268.42 crore on account of VRS, capital investment in BSNL and MTNL for 4G spectrum and grant for payment of GST has been budgeted for the next financial year, the Business Standard reported.”
The budget 2020 is presented. Rs 37640 crore is allotted to BSNL and MTNL according to the Media reports. It will be available only after the Budget and Appropriation bill are adopted by Parliament. Now, one month gap is given for Committees to meet and discuss the allotment etc. By end of March 2020, the Budget will be approved. Only in April the funds will be made available.
So, BSNL and MTNL will not be able to pay the first instalment of Exgratia under VRS before 31-3-2020. Many assurances were given to the employees. Nothing is honoured.
All India Consumer Price Index for December 2019 is announced. It is 330 points. 2 points increase from previous month.
So central government employees are entitled to get 21% CDA from January 2020.
4% increase from existing 17%.
...
PTI News:New Delhi: 31-1-2020:
The central government has decided that pensioners’ life certificates will be collected from their doorstep, saving them from hassles of visiting pension disbursing banks. The service will be charged an amount not exceeding Rs 60, according to a statement issued on Thursday by the Department of Pension and Pensioners’ Welfare (DoPPW). Every year a pensioner is required to give proof of him being alive to banks in order to ensure continued pension. These certificates can be submitted online or by visiting the bank.
“The department has taken a landmark step to make life easier for senior citizens to submit their annual life certificate for continued pension,” it said.
Directions have been issued to all pension disbursing banks to send SMS or emails to all their pensioners on October 24, November 1, November 15 and November 25 every year reminding them to submit their annual life certificates by November 30, the statement said.
“The bank in addition will also ask such pensioners through SMS/email as to whether they are interested in submission of life certificate through a chargeable doorstep service, the charge not exceeding Rs 60, it said.
The department for stricter monitoring and in order to ensure that no pensioners are left out has also directed the banks to make an exception list on December 1 every year of those pensioners who fail to submit their life certificate and issue another SMS or email to them for submitting it. The Central Pension Processing Cells (CPPC) of the pension disbursing banks shall now be duty bound to submit a report to the DoPPW in January, February and March. The report will indicate the total number of pensioners who have not given their life certificate along with a breakup of the certificates submitted physically and through digital means, the statement said. This is a landmark step from the side of the central government showing due care for pensioners, it said.
This step is in addition to the order issued in July last year, vide which all pensioners age 80 years and above have been given an exclusive window to submit their life certificate w.e.f. 1st October every year instead of 1st November every year, the statement added.
Please click here to see the order: lc-collection-circular.pdf
Dear Comrades,
I pen these lines strictly as personal notes with malice to none.
Today, on 31-01-2020, about 86000 comrades are coming out of their offices under VRS. Rather, they are forced to quit. It marks end of an era. A generation of workers is going out; with empty hands. They have not received the wages for 62 days’ labour. For 31 days in December 2019 and 31 days in January 2020. They are not paid the first instalment of ‘attractive ex-gratia”, as assured. They have to wait. They gave their blood, their sweat and their tears for development of Indian telecommunication infrastructure. Most of them did not see the AC rooms. They worked in remote hamlets of India, in the forests where wild animals were wandering.
I was not interested to see the skyscrapers in cities. I preferred to see the villages and the people living there. I had seen how our comrades were working there.
I know a Telephone lineman who had to spend two hours on the top of new telephone pole erected in a deep forest as a wild elephant was standing down smelling a human being somewhere. Having no response from the above Lineman, others working at a distance came and found that man on the top of the pole and the elephant below. In old days, our people had to erect poles and lines in such areas and conditions. One line of 5 or 8 KMs to give one telephone connection. 30-40 KMs of lines from one hill to another hill to connect two villages.
They erected huge mobile towers in remote villages and forests, on top of the hills and in the valleys.
The Boss sitting in AC room in Sanchar Bhavan or Bharat Sanchar Bhavan shouts at these people and say: “Get out if you don’t want to work…” The bosses should understand that there is a day for each of them too.
After sending out 50% of staff, the management is asking them to come back and work as “Commission Agents” under a scheme called BREAD! How many will bite this bread?
The heroes are coming out. Let us welcome them, the people who worked to the midst of those work for the welfare of pensioners.
THE JOURNEY DOES NOT END TODAY. IT TURNS TO A DIFFERENT DIRECTION.
.............................….PSR
