Thursday, March 24, 2011

Karnataka HC judgement on 5 yrs additional service to SVRS pensioners of State Bank of Mysore decided favourably

Our group member Shri Prasad C.N. has informed that Karnataka HC has given judgement in  pensioners' favor .Congratulations on the hard , long fought court battle .His letter is reproduced below
Dear friends,
A long wait of 8 years is finally over with a favorable verdict. The Hon'ble High Court of Karnataka has delivered judgment allowing our both prayers, viz., Notional addition to the extent of 5 years of service for those who retired under SBMVRS - 2001 (SVRS) and calculating pension based on pay drawn during last 10 months prior to retirement (not adding DA upto 1616 points to 6th BPS pay). The Hon'ble High Court has ordered  :
a.    Payment of pension by adding (maximum of ) 5 years of notional service as available under Regulation 29 of SBM Pension Regulations to those who retired under SBMVRS (SVRS) - 2001
b.   Calculating Basic pension based on 'Pay' of last 10 months before retirement from the date of retirement to 30.04.2005 and consequent Commutation of pension.  Since all the petitioners are those who retired under SBMVRS - 2001, this judgement is applicable to them.  However, every
one of those who retired during the period 1.4.1998 to 31.10.2002 are eligible for this benefit.    However, pension based on last 10 months pay is being paid from 01.05.2005.  Consequently, those who have completed more than 32 years of service and retired between   1.4.1998 & 31.10.2002 are entitled to arrears of pension & commutation.  But, thereafter, pension gets reduced on account of recovery of commutated portion of pension, as they are already in receipt of revised pension.
        Arrears have to be paid within 90 days, failing which, interest at 6% is payable from the date of judgement.
        Copy of the judgment would be uploaded by us, immediately after it is made available to us.
         Thanking you,
     With regards,
      Prasad C N

10 comments:

  1. Thanks Shri Prasad C.N for the efforts taken in this regard and finally getting a successful verdict in favor of SBMVRS - 2001.
    The 5 years of notional service as available under Regulation 29 is not added in State Bank of Mysore, though a verdict in favor in this regard was already decided by SC by a group of pensioners. After prolonged battle this is achived. Congratulations.

    with regard to the point (b) i like to get a clarification.
    In my case the retirement was under SVRS 2001. I was paid revised pension from May 2005 with arrears of commutation, but revised pension was not paid from 2001 to 2005 May. i have completed 23 years of service + notional 5 years added = 28 years. Whether i am eligible to get the arrears of revised pension from 2001 to May 2005. please clarify.
    Sundararajan S

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  2. One thing is certain.Unless the baby cries mother doesn't feed!!Cry hoarse
    Perhaps u have to knock the doors of the court for everything

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  3. Thanks to Mr. CN Prasad. Other Associate Banks like SBT, SBH, SBP, former State Bank of Indore and St Bank of Saurashtra are also in the same boat. Now the big question is will the Associate Bank Management open their eyes to the realities and allow this long pending demand of SVRS retirees in all other Associate Banks also. Similar cases are pending with Kerala, Andhra Pradesh and Madras High Courts also for other Associate Bank retirees.

    It may be noted that this case has been filed in 2005, much earlier than the Supreme Court's Final Judgement in the case of other Nationalized Banks. Associate Bank Managements has been hanging on to the futile argument so far that they are not guided by the Supreme Court Judgement as the SVRS in Associate Banks were different from other Nationalised Banks SVRS. Now this arguments does not hold any merit after the Karnataka High Court's Judgement in the present case.

    Premraj.C

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  4. All the above situations only goes to show the genuine demands are not met by the managements/iba and prolong the issues till it reaches the court.This again shows how managements are weak in making quick decisions.
    A relook on the managements/i b a 's perspective needs a change as for as the employees' demands are considered

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  5. Sir

    I also retired under SBM VRS in the year 2001 they denied my pension stating that though I worked for 20 years 5 months 1 day, I was on loss of pay on Medical grounds for about 1412 days, therefore the bank said I have not completed qualifying 20 years of service.

    When the pension scheme was introduced I opted for pension, the bank has taken appropriate/required amount from my PF account, now the bank has taken away that money too and pension was denied
    Please help me whether I will be eligible for pension as per the above judgement
    Thanks and regards

    P.Bhaskar Rao
    P.bhaskarrao@rediffmail.com

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  6. Dear Prasad Sir

    Sir I am P.Bhaskar Rao, retired under SBM VRS in the year 2001 from their KGF Branch.

    I have serviced for 20 years 5 months and 1 day.
    Due to Health problem I was on loss of pay (sanctioned loss of pay) for 1412 days during my entire service

    I have opted for Pension when the scheme was introduced, the bank has taken required amount while accepting my pension option transferred required amount based on my service towards pension fund from my PF account

    when retired under VRS they denied Pension stating that I have not completed active service of 20 years to get elgibility under Pension Regulation 29.

    Will this judgement will help to get the pension
    Please guide me
    Date of Joining: 30.10.1980
    Date of VRS: 31.03.2001
    Total days on sanctioned loss of Pay: 1412


    Sincerely


    P.Bhaskar Rao
    p.bhaskarrao@rediffmail.com

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  7. Dear Bhaskar Rao,

    Sir, you are eligible, certaINLY, AS YOUR LEAVE WAS SANCTIONed and the same is considered as service for counting , Plz , Plz file a writ in your state in high court and I am confident, you shall win and get your legitimate right, there are cases where courts have ordered even 19 plus years , treated as 20 and paid all benefits like pension. I will search that case and post to you.Don't waste time. file a writ immediately.I will talk to you please give me your contact number.with regards.

    Yours sincerely
    Prof.M.R.Badi
    Bangalore
    09902910900

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  8. Dear Sri Prasad.........

    In case employees under P/F and who took voluntary retirement in 2000/2001, were given another option for pension in 2010 as per recent agreements between the banks and the unions. What would be the retirement year taken for the purpose of giving effect of the Karnatak High court decision is it 2000/2001 or 2010. Will they get arrears till their actual retirement age.


    Shetty

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  9. vnbohra_vishu@yahoo.comApril 6, 2012 at 2:48 PM

    Dear Prasad
    well done, my quarry is
    i was in sbb&j and completed 17 + years service and was pension optee, bank retained our contribution saying pension optee but till date not given the pro rata pension which was allowed in all nationalsed banks where pension regulation 1995 is common.
    after this verdit am i eligible for pension on pro rata or not please guide me. what is the latest status whether bank moved to DB ? my id is vnbohra_vishu@yahoo.com and cell no is 09414042470. please guide and provide yours cell no .warm regards

    v n bohra (jaipur)

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