Madras High Court Order On Pension Case Filed Against Syndicate Bank

Following message is in circulation on Whatsapp groups 

[10/9, 2:25 AM] UBI M R Bhalla:

ANOTHER VICTORY OF RETIREES

 Dear sirs,

There is a high court judgement of madras in which the honourable judges have directed the syndicate bank to updation of pension as exists in central government within twelve weeks of the order. We must collect the certfied copy  of the judgement and give a representation to our respective managements and request them to updation. If they do not oblige, we can take up the issue with respective honourable high court s and honourable supreme court. Please discuss the matter with retirees of syndicate bank who have won the case. The case no is wp no 4005  of 2017. You can also download the order copy. Please treat the matter urgent.

Venkatrao Hawaldar

SBM Mysore

( Forwarded as received )
                                  Syndicate bank retired friends are requested to circulate the copy of high court if aby one gave it
[10/9, 2:26 AM] UBI M R Bhalla:

My observation is as under:

However the order passed by honourable Madras High Court in the matter related to updation of pension is different . It is not at all a judgement as perceived by some section of bank staff. 

Court has given the order to respondent bank to dispose off the petition filed by aggrieved staff (petitioner ) on merit and in accordance with  law within 12 weeks. 

Need of the hour is to prevail upon management of the bank to update pension at par with what is done for employees of central government .

Unfortunately we have not got revised gratuity till date though positive news on this subject appear from time to time. Retired employees are not yet certain whether the revision of ceiling for payment of  gratuity will be w.e.f. 01.01.2016 or from the date the revised act is notified and as it had happened during last amendment.

United forum of bank unions and that of retired employees have to take up the case jointly with full force to compel  the government to provide bankers at least same facilities as they give to central government employees. But if working staff consider and treat  retired staff stepmotherly, nothing will happen. Working staff has to keep in mind that they will also become retired staff , sooner or later.

It is important to mention here that for last two decades and more , bank staff ( barring negligible number of  peons and part time workers ) are not paid bonus though banks in general earn profit. On the other hand , staff of railways, post offices , state government or central government are paid bonus almost every year , irrespective of the fact that they earn profit or their services are bad or good.

Why?
Because our so called militant leaders are second side of the same coin which is used to represent management. They were militant only during seventies and after than they slowly and gradually become similar to or worse than bank management.

Staff , working or retired , mostly cry on social sites. They do not knock the minds of leaders which are their protectors. They do not write to union leaders boldly and logically how they are getting cheated. They should explain how bank staff who were considered as High Wage Islander during seventies have become most poorly paid staff in modern era. 

In brief , wage structure poor, gratuity poor, no bonus , no perquisites are some attributes of bank staff  which almost all staff mention in their talks .... They also say , only addition of work load year after year, bankers have to perform non-banking activities in addition to their job of core banking. When banks become sick due to this, it is bank staff who are held responsible and who are denied respectable wage hike . 
Is it not reign of injustice?

Who are responsible for such sorry state of affairs , every bank staff must think and act.

Pension is right of every staff , it is not a favour or a charity as per various judgement pronounced by various high court and Supreme court. Bank staff contribute towards pension fund every month during their working days and they are paid pension out of this fund created. Whereas employees of central government are paid pension from taxpayers fund.  

It is pity that management of banks do not hesitate even in misusing pension fund for inflating profit and for brightening their career at the cost of lacs of staff who retire from time to time.

I submit hereunder the copy of order passed by the court for your ready reference .

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2017
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
W.P.No.4005 of 2017


1.V.Sivarama Krishnan
2.V.Elangovan
3.G.Malarvizhi
4.C.Subramanyam
5.M.A.Balakrishnan
6.P.Viswanathan
7.S.Radhakrishnan
8.R.Ekambaram
9.Pramila Chandrasekhar
10.V.Vijayakrishnan
11.R.Selvakumar
12.Usha Swaminathan
13.N.Mathivathanan
14.John Newton Jeyaraj
15.C.Madhavan
16.L.Jothi Narayana Prasad
17.M.Banumathi
18.N.Devasena
19.B.Indira
20.Ramasamy
21.Usha Kiran
22.Loganthan
23.Suguna Devi
24.P.Kumaravelu
25.S.Jagannathan
26.V.Muralidharan
27.Rajendran
28.S.Tamilselvan
29.S.M.Gangadharan
30.V.Visalakshi ... Petitioners

Vs.

1.The General Manager (Personnel),
   Personnel Department,
   Syndicate Bank,
   Head Office Manipal,
   PIN 576 119.

2.The General Manager (Personnel),
   Office of the Managing Director/CEO,
   Corporate Office, Syndicate Bank,
   Gandhi Nagar, Bangalore 560 009. ... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to dispose of the petitioners representations dated 09.12.2016.

For Petitioner : Mr.S.Ilamvaludhi




O R D E R
This Court, taking into consideration the limited scope of the prayer in the Writ Petition, is inclined to dispose of it at the admission stage itself.

2.The petitioners are former employees of the Syndicate Bank/ respondents and claim to have put in service of 32 to 40 years and they have been sanctioned with basic pension according to their pay scale at the time of retirement and it was never revised after 1993.

3.Mr.S.Ilamvaludhi, learned counsel appearing for the petitioners would submit that the residuary provisions of the Pension Regulation Scheme 1993 of the employees of the Syndicate Bank are similar and on par with the employees of the Central Government and the Central Government retirement and pension rules are also applicable to the retired Syndicate Bank employees also. It is further submitted by the learned counsel appearing for the petitioners that in this regard, the petitioners have submitted a joint representation dated 09.12.2016 to the 1st respondent and despite receipt and acknowledgment, so far no orders have been passed and therefore, came forward to file this Writ Petition.


4.This Court, taking into consideration the limited prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioners, directs the 1st respondent to consider and dispose of the petitioners' joint representation dated 09.12.2016, on merits and in accordance with law and pass orders within a period of twelve (12) weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.


5.The Writ Petition is disposed of accordingly. No costs.




Index     : No 17.02.2017
Internet : Yes
va

To
1.The General Manager (Personnel),
   Personnel Department,
   Syndicate Bank,
   Head Office Manipal,
   PIN 576 119.

2.The General Manager (Personnel),
   Office of the Managing Director/CEO,
   Corporate Office, Syndicate Bank,
   Gandhi Nagar, Bangalore 560 009.





M.SATHYANARAYANAN, J.

va














W.P.No.4005 of 2017













17.02.2017
http://www.judis.nic.in