Thursday, May 19, 2011

Public interest litigation for updation of pension and other issues

Our bank pensioner group member Shri T Ashok  Shenoy from Bangalore has send a public interest litigation to Supreme Court of India, regarding various pension related issues like updation of pension, neutralization of DA etc. We reproduce below the petition letter sent to Supreme Court of India. Copy of  this petition has been sent to Shri  M Virrappa Moily, Honorable Union Minister for Law and Justice.


Quote

T.ASHOK SHENOY,B.A.B.L.,CAIIB.,                                BANGALORE
ADVOCATE,
A1-401, SHRIRAM WHITE HOUSE,                      DATED 18th May,2011
15TH CROSS, 6TH MAIN,
R T NAGAR, 2ND BLOCK,
BANGALORE- 560032.
Karnataka State


TO:

THE HONBLE CHIEF JUSTICE OF INDIA,
SUPREME COURT OF INDIA,
NEW DELHI- 110001



                            
      PUBLIC INTERESTLITIGATION PETITION
                  BEFORE THE HONOURABLE CHIEF JUSTICE OF THE SUPREME COURT OF INDIA

1. EARLIER SENIONER CITIZENS WERE CONSIDERED TO BE THOSE WHO HAVE COMPLETED 65 YEARS.NOW A SENIOR CITIZEN IS A PERSON WHO HAS COMPLETED 60 YEARS.

2.I AM REFERRING TO THE PENSION REGULATIONS OF BANK EMPLOYEES IN INDIA,1995.

3.I HAVE PUT IN 41 YEARS IN THE BANK AND WORKED IN VARIOUS CA[ACITIES AND VOLUNTARILY RETIRED AS A DIVISIONAL MANAGER. MY PRESENT MONTHLY PENSION IS RS, 15833/= WHILE CLERK WHO RETIRED RECEINTLY IN JUNE,2010 IS GETTING A MONTHLY PENSION OF OVER RS. 18000/=

4.IN THE BANK EMPLOYEES PENSION REGULATIONS 1995, IN THE LAS PARA IT IS MENTIONED THAT IN CASE ON ANY POINT OR MATTER THE REGULATION IS SILENT, THE PENSION RULES APPLICABLE TO THE CENTRAL GOVERNMENT EMPLOYEES SHOULD BE APPLIED. IN THE CASE OF CENTRAL GOVERNEMENT EMPLOYEES, AS AND WHEN THE PAY IS REVISED AS PER PAY COMMISSION REPORTS, PENSION ALSO IS UPDATED BY NEUTRALISING DEARNESS ALLOWANCE AND UPDATING THE PENSION. THIS IS NOT FOLLOWED IN THE CASE OF RETIRED BANK EMPLOYEES. ALL RETIREES ARE SENIOR CITIZENS AND MANY OF THE RETIREES HAVE ALREADY EXPIRED. NATURALLY THE PENSIONERS WANT TO GET THE BENEFITS DURING THEIR LIFETIME INSTEAD OF AFTER DEATH.

5.THE GOVT OF INDIA, MINISTRIES, INCOME TAX DE[T, INDIA RAILWAYS ARE GIVING CERTAIN CONCESSIONS TO THE SENIOR CITIZENS. PENSION CAN BETTER BE CALLED AS A SOCIAL SECURITY. IT IS DURING OLD AGE, THE PENSIONERS GET SICK AND HAVE TO SPEND LOT ON MEDICINES AND TREATMENT.

6.IN THIS MATTER SEVERAL WRIT PETITIONS AR PENDING FOR YEARS IN VARIOUS HIGH COURTS IN THE COUNTRY WHICH ARE YET TO COME UP FOR HEARING AND JUDGEMENT. THIS PROCESS MAY TAKE MANY MORE YEARS AND  BY THAT TIME EVEN THE PRESENTLY LIVING OLD AGED PENSIONERS MAY LEAVE THIS WORLD.

7. BY WAY OF ANNEXURES, I AM ATTACHING TWO JUDGEMENTS ON WRIT PETITION AND APPEAL, PRONOUNCED BY THE HONBLE HIGH COURT OF RAJASTHAN WHICH ARE SELF EXPLANATORY. IN THIS CONTEXT, I MAY MENTION THAT DELAY DEFEATS JUSTICE AND JUSTICE DELAYED IS JUSTICE DENIED.. I HUMBLY AND RESPECTFULLY PRAY  YOU TO TAKE INTO COGNIZANCE THIS PUBLIC INTEREST LITIGATION PETITION ON PRIORITY AND ISSUE SUMMONS TO MINISTRY OF FINANCE,GOVT.OF INDIA,CHAIRMEN OF PUBLIC SECTOR BANKS AND THE INDIAN BANKS ASSOCIATION TO HEAR THEIR ARGUMENTS. THEY SHOULD KNOW THAT THE SITUATION IN WHICH I AM PLACED NOW, WILL HAVE TO BE FACED BY THEM. LET THEM KNOW THIS CLEARLY. NOW THEY DONT UNDERSTAND THIS AND DONT CARE TO LISTEN TO OUR GRIEVANCES NOR READ OUR REPRESENTATIONS.


       I THOUGHT IT FIT TO APPROACH THE HIGHEST JUDICIAL AUTHORITY OF THE COUNTRY IN ORDER TO GET QUICK JUSTICE AND HENCE THIS PETITION.
 

T.ASHOK SHENOY
ADVOCATE AND PETITIONER
REPRESENTING ALL RETIRED BANK OFFICERS ,


I HAVE DESPATCHE D THE PUBLIC INTERESTLITIGATION PETITION TO THE HONBLE CHIEF JUSTICE OF INDIA, SUPREME COURT, TILAK MARG, NEW DELHI-110001. A COPY OF THE PETITION HAS BEEN SENT SHRI M. VEERAPPA MOILY, HONBLE UNION MINISTER FOR LAW AND JUSTICE, GOVT. OF INDIA, 4TH FLOOR, SHASTRY BHAVAN, A WING, NEW DELHI-110001 WITH A REQUEST TO KINDLY LOOK INTO THE MATTER AND SEE WHAT BEST CAN BE DONE TO ENSURE JUSTICE TO THE RETIREES OF BANKS.

Unquote

We thank Shri T Ashok Shenoy for taking up all pensioners cause on his own and wish every success for him .


14 comments:

  1. It is a bold step by shri Shenoy and I wish all the other retirees with other grievances follow
    suit with similar action.There is no point in waiting endlessly for the court cases to restore our rights. I feel the affected lot have now started realising that some sort of direct action
    is the only means to achieve our demands and rights.

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  2. We as retired wish good luck. Another issue that require immediate attention is REVISION OF GRATUITY CEILING DATE; OF EFFECT IS 24TH MAY 2010. Retirees in lower cadre who are the real sufferers since liberalization lost huge retirement package. In our present set up only the rich can get access to justice.We have been taken for a ride by the THE GOVT.in the revision of gratuity to bank employees.There is not even a silent whisper in this regard either from the ASSNS./UNIONS.So unless steps are taken on these lines we will have to treat REVISED GRATUITY PAYMENT FOR THOSE RETIRED BETWEEN 01/01/2006 AND23/05/2010 AS A BAD DREAM. Let the retirees unite.

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  3. A good attempt by Sri Shenoy. I Congratulate the spirit, and wish him best for all

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  4. Sir,
    I have gone through the contents of the Public Interest Litigation Petition filed by you with the Hon'ble Chief Justice of India, Supreme Court of India, New Delhi in the matter of Updation of Pension for Bank Retirees, neutralization of D.A., etc.
    I wholeheartedly and most sincerely appreciate your efforts in taking up the cause of bank pensioners and I wish you every success in your endeavour.
    I am also a pensioner from Andhra Bank. I shall be very much obliged to know the response if any to the PIL as and when it be.

    I also request and shall be thankful to you for receiving your suggestion as to whether a similar PIL can be filed individually, if so, any stamp duty is to be paid and also the procedure involved therein.

    Thanks and Regards,
    N.HARINARAYANA SARMA
    Sr. Manager (Retd)
    Andhra Bank
    e-mail ID: nhnsharma@yahoo.com

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    Replies
    1. Dear shri Kalyan. I have read your mail in response to PIL filed by Sh. Ashok Shenoy. You might have read in these blogs that an officer from Andhra Bank who was in CRS category and was denied pension, has won his case from Andhra High Court. Since you are also from Andhra Bank, is it possible to get contact details of that officer, as it would help other such CRS employees from all over and a PIL can be filed on behalf of left over category. Thanks and regards. "akwadhera0133@gmail.com"

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  5. AIBOC CIRCULAR 26th MAY, 2010 TO ALL MEMBERS: on

    REVISION OF GRATUITY CEILING DATE OF EFFECT IS 24TH MAY 2010, states that they are disappointed with the GOVT notification since it results in frustration to all those who retired between 1.1.2006 to 23rd May 2010. For those who had retired earlier, AIBOC will pursue the matter including examining the possibility of legal remedy in the matter in view of a large number of representations they have been receiving in the matter.AIBOC promised to keep its members advised in the matter in due course.

    Since then AIBOC is silent and no communication to retirees. Retired Members would like to know the developments including promised legal action through these coloumns. The ex members are like am- admi in democracy.

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  6. It is evident that Unions have no intention of fighting on the Gratuity issue. Articles highlighting the inadequacies of the Gratuity Amendment on this sight although laudable, are not enough to drive home the message to IBA/Govt. The retirees should represent to the M.P's, retired Top officials of the Banking fraternity on the damage done to retirees. They should publish the details in simple language in news papers. Only then the M.P's will understand the discrimination done when compared to Central Govt Employees. The Monsoon session of the Parliament is on from today i.e.01.01.2011. 'Bankpensioner' and 'Bankpensioner on Facebook, be properly used to focus the issue and activate the retirees settled across the country. Thanks to Shri.Chandrshkhar Belsare.

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  7. I join others to thank Mr shenoy. I circulated to memebers of IBRA as well as posted to my blog Silver Yeras. I thank the promoters of this blog for giving such a wealth of information.

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  8. On effective date of increase in Gratuity
    ceiling i.e.24.05.2010 fixed by Govt, employees retired in the block 01.01.2006 to 23.05.2010 lost heavily. Its a dual loss as they have
    lost the income tax benefit also at the time of their superannuation. It
    is also felt that fixing the date as 24/05/2010( signing date)is unreasonable,though the talks in this connection,took place for years, made certain categories effected with huge financial loss, which is against the spirit of Gratuity Act and purpose of this amendment. Unions failed to invoke even this point also. Retired, feel, letter be addressed to FM/PM/Ministry of Labour/M.P.s,to take this aspect into consideration to back date the effective date from 01.01.2006 to Public Sector retired Employees. Medieval doctors treated sick by bleeding them, and thereby made them even sicker. Let the voice of retired be heard in the Monsoon Session of the Parliament.

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  9. I m an Advocate at Allahabad HC and my father s also effected similarly and some of ur friends asked me to file a PIL bt PIL s nt ordinarily acceptable in such matter so i m going to file a writ for them. Still i hope SC may change its stand and accept this PIl. Best of Luck !!
    Jitendra Sarin

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  10. It is a bold step by Mr T Ashok Shenoy and I wish him every success in his attempt.Definitely he will succeed and my prior greetings to him.
    By
    Gurumoorthy.V

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  11. it is better to file writ,in such case many retirees will also join. however the effort of mr,shenoy appreciated
    m.s.soundararajan(ex-bank officer)

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  12. Can anyone tell the fate of PIL filed by Mr. Ashok Shenoy on 18th. May, 2011 in Supreme Court and his contact mail ID also. If such PILs can be filed and admitted in Supreme Court, why not to file another PIL for pension to Left-overs who are large in number. "akwadhera0133@gmail.com" CRS PNB officer in 1999

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  13. Dear all,
    With due regards to the opinions of all , i feel our case does not come under PIL.The best course is to file writ pitition. Also i understand that about 20 supremecourt advacates have comforward to take up our pension updation case free of cost. Let the newly formed federation file wp.

    Regards
    STCHANDRASEKHAR BAU

    ReplyDelete