Pre-pension era, in Banking Industry, a retiree on his receiving retiral dues such as Provident Fund – self and Bank’s contribution – gratuity, leave encashment, additional retirement benefit was forgotten by the Bank as also trade union to which he was attached for over three decades, during service period. His bonds with organization, colleagues were snapped overnight and he felt totally cut off and grappled to adjust to the void created by sudden cessation of linkages with the institutions, colleagues and friends. It was a sort of “corporate death” for a retiree.
In such an environment closely observing the efforts of such retiree to come to terms with changed situations at home and society, Shri V. T. Makwana mooted and placed before few like minded friends the idea/proposal of forming an organization to provide a platform to continue the snapped linkages and foster the spirit of fraternity and fellowship among the retirees.
Late Shri A. A. Raval, K. R. Patel, B. N. Patel, C. J. Pancholi whole heartedly accepted the proposal and after establishing contacts with retiree colleagues in Gujarat, a meeting was convened at Ahmedabad on 17-3-1990 to give final shape to the idea.
Our efforts in fighting for the injustice meted out to the specialist officers in the matter of fixation of pension yielded the desired result when the Honorable Supreme Court of India gave its verdict on 20th July 2017 in favour of the Retired Specialist Officers.
Briefly stated, this matter had arisen on account of the improper interpretation of Regulation 26 of the Bank of Baroda (Employees’) Pension Regulation, 1995 (BOBEPR, 1995) by the Bank. The Bank had denied addition in the “qualifying service” for calculation of Pension payable to the Specialists and other officers.
Aggrieved by this denial, our members Mr. V. Vijayan and three others filed writ petitions in Madras High Court in 2011. Our Association fully backed them in this case. The case was won by them in 2014. But the Bank filed a writ appeal in Madras High Court and the Division Bench gave an order in favour of the Bank. Against this order of Madras High Court, a SLP No. 5378-5381/2015 was filed in Supreme Court. This case was tagged on to a similar case in SLP 38764/2016 between Allahabad Bank& others Vs Anandpal Saxena and others.
After hearing the case the Honorable Supreme Court passed order upholding the appeal of Mr. V. Vijayan and others. But again the Bank filed a review petition against this order and the same had been dismissed by the Honorable Supreme Court
This is one more achievement of our organization. The efforts put in by South Zone team are commendable. Shri Rajedrakumar Salecha, Shri Vachharajani, Shri H. L. Desai and others also provided the valuable inputs.
The IBA has also issued a circular to all PSU Banks to implement the said Judgemnt for the Specilists Officers of their Banks.
"50% OF PAY AS PENSION (1616 -1684 CONSUMER PRICE INDEX ISSUE) CA NO. 5525/2012 BANK OF BARODA & ORS. Vs G. PALANI & ORS, AND 18 BATCHES COMPRISING OF 982 SPECIAL LEAVE PETITIONS IN RESPECT OF VARIOUS BANKS -
This is yet another feather in BOBROA's cap alongwith Pensioners / Organization of Canara Bank, State Bank of Mysore and Indian Overseas Bank in a long run and expensive legal battle over a decade.
The Joint Note dated 14.12.1999 (relatable to 7th Bipartite Settlement signed on 27.3.2000) provided for revision in pay scales of Officers w. e. f. 1.4.1998 with merger of D.A. at -1684-points. However, for pension calculation, the merger of D.A. was restricted to -1616-points.
The anomaly was rectified from 1.5.2005 resulting in· to the merger of -1684-points, but the arrears of pension for the blocks 1.4.1998 to 31.10.2002 and 1.11.2002 to 30.4.2005 i.e.in aggregate for -85- months were not paid.
The Division Bench of the Hon'ble Madras High Court per judgment dated 28.6.2011 had directed for making payment of the arrears finding that the action of the Bank in paying the reduced pension is contrary to the provisions contained in Regulation 2(d) and 35 of Pension Regulations 1995.
The Bank had challenged the Order passed by Division Bench of Hon'ble Madras High Court.
After hearing the arguments/submissions made by the Advocates of both sides in the course of the final hearing, which lasted for about -3- hours, the Hon'ble Supreme Court delivered judgement on 13th February 2018, the effect of which is as under:
"In respect of Pensioners retired on or after 01.04.1998, pension has to be re-c alculated and arears paid from the date of retirement till 30-04-2005 in terms of Bank Employees' Pension Regulations, 1995 along with simple in terest at 9% within four months."
We heartily congratulate our Advocate Shri Vipin Jai and Sr. Counsel B.B.Sahwney for their effective result oriented submission. We also thank and appreciate efforts of our following members for providing inputs and case laws to our advocates:
a. Mr.R.K.Salecha, Convenor, Central Legal Committee.
b. Mr.H.L.Desai, Member, Central Legal Committee
c. Shri Anil Gupta, Member, Central Legal Committee
d. Shri K.R.Ganesh Rao, Zonal Secretary, Bengaluru Zone.
e. Shri G.Palani, First Petitioner and National Vice President, Chennai Zone
f. Shri R.Rajendra Babu, Governing Councel Member
g. Shri P. Ramamurthy, Advocate & Member Chennai Zone
The aforesaid Judgment has come on account of meticulous handling of the matter at various levels, which will bring good financial gains to the concerned retiree colleagues. This Judgement also strengthens our belief and unshaken commitment to fight for the injustice for various issues relating to the BOB's Pensioners community.
This achievement is also the outcome of the much efforts put in by all the litigants as well as that of various Retirees' Organizations, which stood firmly with them, all through this litigation journey.
The IBA has issueed a circular to all PSU Banks to implement in their Banks the aforesaid Supreme Court's Judgemnt dated 13th February 2018. A copy of IBA Circular dated 03 April 2018 has been placed the web page of "Recent Circulars".
Pending Legal Issues
100% neutralization of D.A.
Payment of arrears of pension revision to post
418-A, Lalita Tower,
Bh. Railway Station,