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  • Sunday 1 October 2017

    BANK PENSION UPDATION CASES

    1. In the Civil Appeal No.1942/2009 Bank of India Vs K.Mohandas, Supreme
    Court has awarded landmark judgement of 5 Years notional weightage to
    SVRS – Pension optees. While many Public Sector Banks implemented the
    above judgement of apex court, the same has not yet been implemented
    in Vijaya Bank & Associated Banks of SBI.
    2. In the Civil Appeal No.6013/2011 Sheelkumar Jain Vs New India
    Assurance Co. Ltd., the Supreme Court delivered judgement in favour of
    the resignee through beneficial interpretation of Pension Regulations.
    3. In the WP (C) 184/2011 Federation of All India SBI Pensioners’
    Association Vs Union of India, the Federation has prayed for updation of
    pension to SBI pensioners in line with periodical upward wage revisions of
    serving employees.
    4. In the Civil Appeal No.2739/2007 Uco Bank Vs Rajinderlal Kapoor, the
    Apex Court has held that issuing Chargesheet to bank pensioners after
    retirement on superannuation is illegal.
    5. In the WP (C) No.184/2011 - Federation of All India SBI Pensioners’
    Associations Vs Union of India admitted by the Supreme Court, the
    Federation has prayed that:
    Pension should be paid as per Pension Fund Rules calculated at 1/60th of
    last average 12 months pay reckoning pension service upto a maximum of
    30 years without omitting any pensionable service rendered.
    HIGH COURTS:
    1. In the Writ Appeal No.1209/2007 G.Palani & Others Vs Bank of Baroda,
    Madras High Court delivered judgement in favour of the Pensioners
    granting payment of Arrears of Pension & Commutation to those retired
    between 01-04-1998 and 30-04-2005. However, Bank of Baroda
    management has preferred appeal through Special Leave Petition before
    the Supreme Court.
    2. In WP (C) No.27929/2003 T.RVijayan Vs State Bank of India, Kerala High
    Court awarded the judgement in favour of pensioner granting 100%
    Neutralisation of Dearness Relief.
    3. In WP No.34619/2003 Jateendranath Vs State Bank of Mysore and other
    related cases in WP Nos: 19267/2003, 46601/2004 & 10514/2005,
    Karnataka High Court gave judgements in favour of affected pensioners
    by ordering payment of Pension/Commutation arrears to those retired
    during 01-04-1998 to 30-04-2005.
    1
    4. In D.B. Civil Special Appeal (W) No. 493/2010 LIC of India Vs Asthana,
    Jaipur bench of Rajasthan High Court ordered LIC management to
    implement its own Resolution and implement uniform Dearness Relief
    Formula for all pensioners without any discrimination, besides updation.
    5. In the WP No.37198/2001 M.C.Ratnakaran Vs Canara Bank, Kerala High
    Court has ordered fixation of pension as 50% of average emoluments for
    the last 10 months as defined in the statutory pension regulations and
    consequent payment of arrears of Commutation/Pension from the date of
    retirement till date of re-fixation.
    6. In respect of WP 710/2009 Karnik Vs Reserve Bank of India it was urged
    before Bombay High Court for implementation of Updation of Pension as
    contained in the RBI Circular dated 01-09-2003.
    7. In the Writ Petition No.26916/2010 - D.Arun Kumar & 56 Others Vs
    Canara Bank, the Officers, who were denied pension option in 2010 on
    account of their Voluntary Retirement from Bank’s service as per Officers’
    Service Regulations, joined together and filed Writ Petition in Madras High
    Court seeking justice. Also a petition was filed seeking priority hearing of
    the case on grounds of litigants being Senior Citizens.
    8. With regard to Writ Petition No.23522/2011 M.P.Ramachandran Rao & 31
    Others Vs Canara Bank the Officers, who were denied pension option in
    2010 on account of their Voluntary Retirement from Bank’s service as per
    Officers’ Service Regulations, joined together and filed Writ Petition in
    Karnataka High Court seeking justice. Also, it is learnt that another
    petition has been filed for clubbing similar cases of Officials from various
    banks for common hearing in the Karnataka High Court.

    3 comments:

    1. Sir, I retired from bank having 20 years of service and was denied by the bank for 5 yrs benefit for pension calculation. Kindly let me know If I can claim this benefit under this judgement of Supreme Court Please advise me Thanks

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    2. Sir i am clearing my bank po exam. but i want leave my current job. wat is the correct procedure to leave..

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    3. Sir,, I worked as a General Manager on deputation to Andhra Pragati Garmin Bank, Head office, Kadapa from the year 1984 to 1987.. My age is 76 years. I get a pension amount of less than a Senior Clerk who worked under my supervision then.It is a gross injustice because there is no pension updating for the last two decades even though four bi- partite settlements happened between Indian Banks Association and the recognised Unions of Banks.None is bothered about the Senior Citizens .The Government of India and the IBA should set right this injustice update our pension without any further delay.

      ReplyDelete