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.