STATUS OF LEGAL ISSUES AS OF 11-Jul-2026

1. UPDATION OF PENSION.==

SPECIAL CIVIL APPLICATION (WRIT) R/SCA 4258/2019 BOBROA VERSUS BOB AND ORS. BEFORE HON’BLE GUJARAT HIGH COURT, AHMEDABAD.

We have filed a petition in Gujarat High Court in 2019 seeking updation of Pension for our members. Though the case is getting listed on the website of the High Court, the hearing is not taking place.

The issues raised in this petition are similar to that of the case of Late M C  Singla which is pending at Supreme Court. Hence we shall await the outcome of the said case at SC level.

As we all know, at Supreme Court, the Singla case was heard on Feb5,2026 wherein the advocates have given their submission for updation of pension. The Court had directed both the sides to provide a statement showing the implementation of the Pension Regulations. The next hearing is on 22-july-2026. AIBPARC, to which we are affiliated is providing all the support for this case.

In the meantime, SC had placed the case for Arbitration, which has not been acceded to by the Petioner and AIBPARC. Hence we need to await for the proceedings in the Court at next hearing.

2. INCLUSION OF SPECIAL ALLOWANCE (W.E.F.1.11.2012) IN THE PENSIONARY BENEFIT IN VIEW OF JOINT NOTE DATED 25.5.2015

WP(c) 35691/2019 titled as A.V. Jose & 7 Ors. V/s Bank of Baroda & Ors. before Hon’ble Kerala High Court at Ernakulum.

BOBROA had impleaded into the case , which  is pending at the Division Bench. The case is tagged with the erstwhile Corporation Bank case where that Bank had appealed against the order of the Single Judge granting the relief to the pensioners.

IBA had filed a Transfer Petition (Civil)  No. 1394/2023 before the Supreme Court and the Hon’ble Court had allowed the transfer of all pending cases to a single HC vide their order dated 4-july-2023.  The Court had noted that the first case was in Delhi HC and had kept all other cases in abeyance.

Latest Development ::

IBA have included the petitioners of Erstwhile Corporation Bank in WP(C) 32386 of 2015 as Respondents in the transfer petition case. However, IBA did not disclosed that  the said case has been already disposed of  and that an Appeal is pending before the Division Bench of HC of Kerala.  Our Advocate has engaged a Senior Lawyer to present the matter before the Supreme Court. The transfer petition of IBA is still pending at SC.

The SC in its order dated 4-july-2023 had interalia passed an order “…..in similar cases pending in the other High Courts be kept in abeyance, until the returnable date."

Inview of the Transfer order by Supreme Court, the Appeal case in Kerala High Court is pending for further dates.

3. ADDITIONAL GRATUITY - for those who were granted ARB.

Writ Petition titled as Bank of Baroda Retired Officers’ Association versus Bank of Baroda stands filed on 6.5.2022 with filing No. SCA/9471/2022. Gujarat High Court, Ahmedabad.

The petition had been filed in the Court and due to Covid situation the case hasn’t come up for listing for long time.

Bank had filed its response to the petition and we have given our brief to the advocate to file our rejoinder.  We have briefed our advocate appropriately to defend our case. We have also advised our advocate to file for an early hearing of the case.

In the meanwhile , as per a Appellate Authority’s order in Karnataka, we have reliably come to know that the Bank has paid ARB to a retired employee in addition to the Additional Gratuity under BOB(O)SR. This matter has also been informed to our advocate to be placed to the Court.

The next date of the hearing is awaited.

4. SHORT GRATUITY PAYMENT MATTERS – M C Josekutty & Ors Vs RLC & Ors. WP(C) 31973/2023, Kerala High Court

As decided in Varanasi meeting, details of  claims made by members at various zones were collected and issues raised were collated. Special attention was given to the issues raised in Kerala. It was also decided that BOBROA will file ONE case and support the individuals connected to that case for filing the petitions.

In 7 claims filed by members, the Controlling Authority granted reliefs prayed. Bank filed an appeal before the Appellate Authority at Ernakulam who dismissed the order passed by the Controlling Authority.

A Writ petition was filed by M C Josekutty & Ors before the Kerala High Court which was admitted. Later on, BOBROA has impleaded in the case which has been allowed. Case yet to come up for hearing after 11-dec-2023.

5. Gratuity matters WP (c) 30684 of 2024 – T L Davis & Ors Vs BOB at Kerala High Court

BOBROA has filed this petition regarding non-payment of Gratuity beyond 30 years by Bank of Baroda in contravention of the Gratuity Rules.  BOBROA is listed as 32^nd petitioner in the case along with 31 members of the Association belonging to Kerala.

The main issues raised in the petition are

          •        Payment of Gratuity @ 45 days for every year of service beyond 30 years

          •        Addition of Dearness Allowance under BOB(O)SR, 1979

          •        To compute the daily salary by dividing the monthly salary by 26 for calculating  Gratuity

          •        Seeks direction to the respondent Bank to pay the differential gratuity to petitioners and members of the Organisation

Next date awaited.

6. GST on Medical Insurance

Govt of India announced that GST on medical insurance was abolished. However, National Insurance Company while renewing the IBA Medical insurance policy levied GST. AIBPARC gave advisory that individual affiliates may take a call at their end. BOBROA therefore filed a petition in Kerala HC  which was subsequently tagged with WP(C) NO. 38552 OF 2025 by AIBPARC. Initially a Stay was granted and our Policy was renewed without GST. The Highcourt later ruled against us and permitted levying GST on the IBA Policy as it was a Group insurance Policy and GST exemption was granted only to individual policies.

AIBPARC had filed an appeal in the High Court which was pleased to stay the order of the single judge.WA 76/2026

The arguments in the case have been completed. The Counsel for GST had sought time to place on record some documents which the court has accepted. The Counsel for GST was directed by the Court to submit the recommendations based on which the GST on Medical insurance was decided. Posted for 15-july-2026.

The Stay granted continues till date

Other important legal developments ::

          •        Commutation case decided by Delhi HC WP 12781/2024

A bunch of cases were clubbed by the Delhi HC and decided the matter regarding Restoration of Commuted amount after 15 years. The Court upheld the rule of 15 years and refrained from granting any relief.

CONCLUSION:

75. For the reasons recorded in the preceding discussion, this Court finds that the challenge to Rule 10-A of the CCS Commutation Rules and analogous provisions governing other pension regimes is devoid of merit. The prescription of a uniform fifteen-year period for restoration of the commuted portion of pension represents a conscious policy determination founded upon actuarial evaluation, expert recommendations and long-standing statutory practice, and does not suffer from any constitutional infirmity warranting interference in exercise of writ jurisdiction.

77. All remaining writ petitions filed by the Pensioner-Petitioners assailing Rule 10-A of the CCS Commutation Rules and analogous provisions applicable to Railway, Defence, Banks and other pension establishments are dismissed. The validity of the uniform fifteen-year restoration period for commuted pension is upheld.

Compiled by Central Legal Team (12-Jul-2026)