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.

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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.

PCDA CIRCULAR FOR REVISION OF PENSION OF PRE-2016 ARMED FORCES PENSIONERS /FAMILY PENSIONERS

CLICK HERE TO VIEW THE CIRCULAR NO 585 ISSUED BY PCDA FOR THE REVISION OF PRE-2016 ARMED FORCES PENSIONERS/FAMILY PENSIONERS

WE PAY HOMAGE TO MARSHAL OF AIRFORCE ARJAN SINGH DFC

DEFENCE MINISTER NIRMALA SITARAMAN INSPECTING A GUARD OF HONOR

WELL DONE, GOOD PERFORMANCE MADAM NIRMALA SITARAMAN, KEEP IT UP, WE ARE PROUD OF YOU

NAVAL SPECIAL PENSION CIRCULAR TO BE ISSUED SOON

CONTEMPT PETITION DISPOSED OFF GOVT AGREES TO IMPLEMENT  COURT ORDER IMMEDIATELY FOR THOSE SAILORS ENROLLED ON OR BEFORE 3RD JULY 1976 & DISCHARGED THERE AFTER

OPERATIVE PART OF ORIGINAL JUDGEMENT  
25. Thus understood, all Sailors appointed prior to 3 rd July, 1976 and whose tenure of initial active service/empanelment period expired on or after 3 rd July, 1976 may be eligible for a Special Pension under Regulation 95, subject, however, to fulfilling other requirements. In that, they had not exercised the option to take discharge on expiry of engagement (as per Section 16 of the Act of 1957) and yet were not and could not be drafted by the competent Authority to the Fleet Reserve because of the policy of discontinuing the Fleet Reserve Service w.e.f. 3 rd July, 1976. The cases of such Sailors (not limited to the original applicants before the Tribunal) must be considered by the Competent Authority within three months for grant of a “Special Pension” from three years prior to the date of application made by the respective Sailor and release payment after giving adjustment of Gratuity and Death-cum-Retirement-Gratuity (DCRG) already paid to them from arrears. They shall be entitled for interest @ 9% P.A. on the arrears, till the date of payment.
 26. The appeals are disposed in the above terms with no order as to costs. Application for impleadment is also disposed of. .

26.

T

A NEW ORGANISATION FOR THE WELFARE OF JCO/OR VETERANS

On this auspicious day of 10 th sep 2017 ,a  meeting of senior Veterans was presided over by  Shri.HFO Kalra Sir in New Delhi.  It was decided in the meeting to form an All India organisation named JCOOR VETERANS WELFARE ASSOCIATION (India)  to look after welfare of  JCO/OR Veterans & their Widows of the country.
The Organisation  to be structured on All India basis & have the  following office bearers selected at central level.
1) Chief Patron(Will be named shortly)
2) Chairman HFO Shri. Bansilal Kalra (Retd)
3) Vice Chairman Shri.Ex Sgt Mahananda Biswas
4) Secretary General Shri.Ex Sgt MBC Menon.
5) Finance Secretary Shri.Ex Sgt SP Arora (Treasurer)
5) Joint Secretary Shri.Ex PO James Coutinho (Pension cell)
6)National Convenor Ex CPL Shri.Mohanarangan.
7)Organising Secretary Ex PO Shri.Santhosh Kumar Singh
The procedure  for membership application will be intimated in due course.
According to  by law our governing body is the most powerful organ & the office bearers are placed below them,the duty of office bearers are to work as per the direction of GB.We are sorry that we could not give full representation to all the three forces due to non availability of volunteers how ever proportional representation will be given to all the three forces when governing body is constituted.
 MBC Menon
Secretary General
JVWA(I)