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description=MOVEMENT OF SBI EMPLOYEES TO GET PENSION AS PER IBA/ GOI;

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who had rendered 15 years service but not completed 20 years service 41 even if it be assumed that by insertion of the proviso in regulation 28 in the year 2002 with effect from 1 9 2000 all classes of employees under vrs 2002 were intended to be covered such amendment in regulation 28 needs to be harmonized with regulation 29 29 while answering point no 2 in favour of the respondents i held that the state bank of india should implement the amendment made to rule 28 of the employees pension regulation in granting pension to the employees seeking voluntary retirement under sbi vrs i therefore answer point no 3 in favour of the respondents and direct the appellant bank to grant pension to the employees seeking voluntary retirement under the sbi vrs after completing 15 years of pensionable service therefore the respondent radhey shyam pandey having completed 19 years 8 months and 18 days of service respondent m p hallan having completed 19 years and 4 months of service and the respondent r p nigam having completed 16 years and 6 months of service become eligible for pension as per the amended regulation 28 of employees pension rules 1995 split verdict subject to final judgement of sc 2 in the high court of judicature at madras bench date of decision 16 02 2015 w a no 1483 of 2014 and m p nos 1 and 2 of 2015 14 thus pensionable service of the petitioner is to be reckoned from the date of his initial appointment on 23 2 1987 computing the period from that day the writ petitioner had completed more than 20 years pensionable service as required under rule 22 i of the sbi rules as on the day his request for exit option was accepted i e on 15 6 2007 15 for the reasons stated hereinabove we are unable to agree with the view taken by the learned single judge that the writ petitioner had not completed 20 years of pensionable service as required under the provisions of law the impugned order of the learned single judge is accordingly set aside the writ appeal is allowed the writ petitioner appellant shall be entitled to consequential benefits payable within a period of three months from the date of receipt of copy of this order no order as to costs consequently connected miscellaneous petitions are closed this honorable madras high court divison bench in this land mark judgement on 16 02 2015 ordered sbi to count pensionable qualifying service from initial date of appointment and not from date of confirmation hon ble sc upheld the same and dismissed the slp filed by sbi on 06 07 2015 paving way for number of sbi employees to get pension which has been denied by sbi for several decades hon ble sc order is attached http courtnic nic in supremecourt temp sc 201647815p txt 3 honble madras high court verdict 23 03 2014 madras hc judgement oa no 1496 of 2011 the right of government servants to receive pension is not a bounty it is a statutory right conferred under the pension rules applicable from the date when the public servant was appointed either on daily wage temporary permanent basis the madras high court has said a division bench made the observation while dismissing a writ petition by the centre represented by the secretary of the atomic energy commission and the director of igcar kalpakkam 4 honble supreme court judgement october 4 2014 union of india vs armed forces tribunal it is trite law that equals shall be treated as equals and in its application to public service this simply means that once several persons have become members of one service whether by promotion or length of service they stand as equals and cannot thereafter be invidiously differentiated for purposes of salary seniority promotion or retirement the supreme court has held giving this ruling a two bench of justices said birthmarks of public servants are obliterated on entry into a common pool and our country does not believe in official casteism or blue blood as assuring preferential treatment in the future 5 m s c narasimhappa and 21 employees of the bank had filed writ petitions no 24158 24160 2011 24162 180 2011 before hon karnataka high court against vijaya bank on denial of pension to them consequent upon the settlement dt 27 4 2010 between bank unions and iba on extending 2nd option on pension the above employees had submitted their option letter for pension within the time frame given however bank has rejected the applications on the ground that the petitioners who have resigned are not entitled for pension as per banks circular on 2nd option on pension court observed that the petitioners have put in more than 20 years of qualifying service and merely because the petitioners have resigned from service is not a ground to deny pension petitioners are entitle for pension as per pension regulation of the bank and writ petitions were allowed on 18th april 2012 important high court supreme court judgements in the matter of payment of pension to bank general insurance employees who have resigned from the service or retired voluntary compulsory 1 in the matter of sri sheel kumar jain vs the new india assurance company ltd case no 6013 of 2011 supreme court of india have in unambiguous terms delivered a judgement in favour of the petitioners and have averred that the officer who has resigned from the service of the company after completing 20 years of service and by giving three months notice is eligible for pension benefits 2 in the matter of civil appeal no 6959 of 1987 slp 7639 59 bank of india vs indu rajagopalan and others the apex court has upheld the verdict of hon ble high court which inter alia reads as under all that has happened is in such of the banks where a scheme for voluntary retirement was available certain employees retired under that scheme now a comprehensive pension scheme has been framed which came into force w e f 1 11 1993 and applicable uniformly to all bank employees which provides for voluntary retirement as well the applicability of these rules to those employees who have voluntarily retired w e f 1 1 1986 to 31 10 1993 is raised in these matters it is not possible for shri v r reddy learned senior counsel who appeared for the appellants to point out that there is any significant financial or other burden or difference so far as those who had voluntarily retired and those who had ordinarily retired in that event where there is no distinction the authorities having sought to make a distinction and not applied the regulations framed subsequent to their retirement the high court has given appropriate directions we also notice that the number of employees who have retired in this manner is also very small emphasis added therefore we think no interference is called for in these appeals the appeals are therefore dismissed with no order as to costs 3 in the matter of civil appeal no 307 0f 1987 dated 27 07 1990 the apex court has clearly stated that there is no difference between retirement and resignation the verdict inter alia reads as under in the present case the employees request contained in the letter of resignation was accepted by the employer and that brought an end to the contract of service the meaning of term resign as found in the shorter oxford dictionary includes retirement therefore when an employee voluntarily tenders his resignation it is an act by which he voluntarily gives up his job we are therefore of the opinion that such a situation would be covered by the expression voluntary retirement with in the meaning of clause i of sec 2 s of the state act 4 in the matter of the appeal of satya srinath of syndicate bank in case no appeal civil 6721 of 2004 in relation to compulsory retirement the apex court has upheld the appeal of satya srinath of syndicate bank in case no appeal civil 6721 of 2004 the judgment inter alia reads as under this appeal is directed against the order dated 7th april 2003 passed by the division of the karnataka high court whereby the division bench has set aside the order of the learned single judge and allowed the writ petition no 25322 of 1999 quashed the impugned order dated 26th june 1999 and directed the management of the appellant bank to pay the pension to the respondent from 1 11 1993 5 wa no 937 of 2014 in wp c no 26563 2012 wp c 26563 2012 of high court of kerala dated 14 03 2014 state bank of travancore vs c m paul 8 and others dated this the 17th day of september 2014 6 learned single judge by his judgment dated 14 03 2014 allowed the writ petitions quashing letters ext p11 and the condition of minimum service period of 20 years mentioned in clause i a v in the circular dated 17 09 2010 ext p9 learned single judge declared that the petitioners are entitled for pension under ext p7 bipartite settlement and also under scheme 2001 bank was directed to pay off the pensionary benefits to the petitioners since they have completed the minimum eligibility criteria of 15 years of service aggrieved by the said judgment bank has come up in these appeals 28 in view of the forgoing discussion we are of the view that the petitioners have clearly made out a case for entitlement of pension consequent to their retirement with effect from 31 03 2001 under scheme 2001 read with regulation 1995 learned single judge did not commit any error in allowing the writ petitions directing for payment of pension to the writ petitioners no ground has been made out to interfere with the judgment in the exercise of appellate jurisdiction of w a nos 937 947 of 2014 this court delay in filing petition condoned by sc hc case laws a mrs pramila kiruba augustus vs sbi of madras hc judgement dated 07 06 2011 wp 728 of 2011 condoned 14 years of delay in pension related case b asger ibrahim rahim vs lic of india sc bench verdict dated 12 10 15 wp 10251 of 2014 in sc condoned 12 years delay in pension related case payment of interest 6 p a alongwith arrears for delayed payment of pension honourable punjab haryana high court bench judgement dated 11 12 2014 in letters of patent appeal no 31 of 2912 o m dismissing sbi appeal in sbi vs kuldeep raj ordering payment of pension with arrears from date of retirement i e 30 04 1995 alongwith interest of 6 p a sbi s unreasonable illogical arrogant attitude to its own employees sbi despite repeated several reminders emails representations through various means of communications on these above points judgements of inclusion of probationary period for arriving at the pensionable service even to the chairmans office trustees sbi pension fund the sleeping elephant sbi did not undo their outdated law neither proactively nor reactively but replied mechanically without applying their mind and made the pensioners and their family to worst sufferings unendingly without pension in this material world just because of the callous and big brother attitude a it is a sadistic pleasure and without any purpose sbi waging war against its own employees even at the highest court and how many appeal after appeal they prefer for a wrong cause leaving their core banking business b if sbi feels changing an old arbitrary draconian sbiepf law is a violation of ill fetched policy the bank and the trustees are in denial mode and they are in policy paralysis c if they are sure their law is superior over their owner goi and iba in which sbi is an active member are goi iba are erroneous in framing employee pension regulations 1995 sbi defined as a state under constitution of india how can they shirk away from their responsibility as a state d are they understood they are continuing their unsuccessful fight not against their employees but it is against their own master owner govt of india and their own umbrella organisation s iba s policies and rbi the watchdog on pension policies e it is a fact that employees pension requlations 1995 is a well tested for almost 2 decades and the nationalised banks which implemented almost face zero cases from the employees whereas sbi is facing day in and day out litigation from its own employees and the numbers are bound to swell f sbi s denial mode to toe goi iba line is a head ache for the goi iba rbi and it is wasting of courts precious time and the hefty fees paid to sbi advocates to defend their arbitrary and unreasonable law is wastage of public exchequer and who holds accountability for this mistake committed by sbi g goi and rbi must ensure that the trustees of sbiepf must be independent and not directors of sbi who can influence the faulty directions of sbi management in the sbiepf functioning and framing laws required from time to time depending on the changes made by goi iba rbi courts in goi goi undertakings pension rules while all asks including sbi associates implemented the iba circlular in letter and spirit what made sbi to penalize its employees for more than 16 years without pension h filing cases appeal against employees on pension issues must be decided by the independent trustees of sbiepf and not by sbi management i to avoid unnecessary assuming of superlative powers by sbi management goi and rbi being the owner of the bank must check these anti labour policies and issue strict instructions to sbi to stop these irregular practice and ego that too towards its own employees j sbi must shed its arrogance and stop dreaming superiority over others and avoid using its muscle power against its poor employees instead could show more lenience and magnanimity in accepting the truth and pay pension without further prolonging the losing battle k it is understood being a govt department sbi is not transparent and not complied in disclosing the names of vrs 2000 retirees to a rti query who have not been paid pension in violation of iba goi directions employees pension regulations 1995 sbi arrogance arbitrary and unreasonable pension policy doing harm to its own employees in denying pension and 2015 being year of hope top courts are coming to the rescue of these unfortunate employees this arbitrary unreasonable pension fund policy they adopted from 1955 and put the employees into hardship for more than six decades sbi associate employees who have come out on vrs 2001 exit option 2008 normal vrs employees who have been denied pension by sbi top management having 15 to 25 years of service are running for justice across the country in all the high courts and finally to honble supreme court for decades the employees who came on vrs are scattered across the country without having any contact among themselves some filed suit some did not file suit some suits in hc dismissed and not appealed because of poor financial condition of the employees and some died they are all eagerly waiting one day the hon ble sc will in one stroke make sbi and associates to pay pension to every employee who are denied pension in all the three vrs schemes using article 142 of constitution of india 1 an analysis of why how sbi in the name of policy decision shows the legal department has not properly advised the top managmenent that one day or other sbi has to make payment of pension and sbi managem...