Monday, July 13, 2015

Supreme court Judgement on pension

Hon Supreme Court has spelt out clearly that Govt should avoid litigations for the sake of litigation, in recent verdict in  Civil Appeal No 1123 of 2015, Arising out of SLP(C) NO. 321 OF 2015 between State of Rajasthan and Ors. ... Appellants Versus Mahendra Nath Sharma ...Respondent and ors.
In this regard AIBPARC Gen Secretary has written a letter to the chairman IBA which is reproduced below.
Quote

The Chairman,
Indian Banks Association,
Mumbai.
Dear Sir,
We draw your kind attention to the Supreme Court Judgement delivered on 01.07.2015 in Civil Appeal No. 1123 of 2015 (Arising out of SLP (c) No. 321 of 2015). The judgement has recognized that revision of pension and revision of pay scales are inseparable. It has also reiterated that on revision, the basic pension cannot be less than 50% of the basic pension in the minimum of the pay band in revised scale corresponding to the pre-revised scale. When pension is upheld to be a right and not a bounty, as a corollary to above, upgradation of pension is also a right and not a bounty. Because of the pre-enumerated on the above judgement and also those in the case laws like D.S. Nakara and others, the demand of upgradation of pension of retired employees in the banking industry should immediately be reconsidered by the IBA and Govt. of India.
We hope to hear from you at the earliest.
Thanking you,
Yours sincerely,
( S. R. SEN GUPTA )
GENERAL SECRETARY
 Unquote
(Source : AIBPARC  website)


8 comments:

  1. It is proved that the Almighty and justice are always on our side.

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    Replies
    1. SC judgments are related to service conditions of central\state govt. IBA stand is they governed by the industry level bipartite agreements where our so called union leaders never bathered about retirees and settlements are made at their whims and fancy of these butchers leaders for the past thirt years.we have not questioned these roughed. While in service.
      Madras division bench court judgement had strenthend IBA and our buycherd UFBU surrendered and retirees are now livebdead bodies

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  2. IBA AND GOI AND AIBRF ARE THINKING THAT PRE NOV 2002 BANK RETIREES HAVE DRANKED "AMRIT" AND HENCE ARE NOT TO DIE. THAT IS THE REASON WHY IBA AND GOVT OF INDIA ARE NOT TAKING FAST STEPS TO SOLVE 100%DA AND UPDATION OF PENSION. AS PENSIONERS HAVE DRANK AMTIT AS SUCH THEY DONOT NEED MONEY AS THEY DONOT HAVE PROBLEMS

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  3. updating/revision of pension of pensioner is inevitable. Better it is ,if effected without opting for legal remedy .It would give great relief to meet out skyrocketing prices in old age.besides extending blessings ,during life time.

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  4. Is this supreme Court decision pertains to bank pensioners retired between 01.11.2012 to 31.05.2015 also ?

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  5. The S C verdict in the above case and SLP is a shot in arm for our legitimate demands that were put forth in the Charter of demands in the Tenth BPS. Now that SC has also ruled that litigation should be avoided for the sake of litigation it is imperative that the IBA should take cognisanc of the letter addressed to them by our (AIBPARC) General Secretary Shri Shanti Ranjan Sengupta.Let's hope that saner sense prevails upon IBA atleast now.
    Prakash G Basrur.

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  6. The SC judgement in the above case and the SLP justifies our demands that were inclrin the 10th BPS. The SC has also ruled that litigation should be avoided. Atleast now the IBA should act upon the letter addressed to the IBA and concede to out legitimate demands at the earliest.

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  7. AIBPARC Secretary, Com. S.R. Sengupta had very rightly addressed his
    communication to the Indian Banks' Association drawing attention to the
    Supreme Court Judgement stating, inter-alia, pension cannot be denied on pretext for those who had completed prescribed minimum service of 20 years,
    irrespective of whether through Resignation or VRS or otherwise, and that
    there is logical and simultaneous upward revision in pension for the existing
    retirees whenever new industry-level negotiations result in upward pay revision. These being, such very important aspects dealing with the lives of
    retirees and superannuated persons, it is wondered what follow-up action has been taken by the AIBPARC and other Pensioners' organisations. It is in
    particular very important that Com.Sengupta should write a blog on this page
    from time to time revealing the developments in the matter. Greetings to all.

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