HIS LORDSHIP SHRI RANJAN GOGOI,
HONOURABLE CHIEF JUSTICE OF INDIA,
SUPREME COURT OF INDIA, NEW DELHI 110 001
Most venerable Chief Justice,
It is delightful that Your Lordship, amazingly keen in fine-tuning judiciary, is now enthroned as the Chief Justice of Supreme Court, the sentinel of justice.
I make this opportunity to moot something which could make the judiciary of assistance to senior citizens like me.
Petitions filed by senior and super senior citizens craving for their right to live with dignity viz. pension get piled up in High Courts across the country for years with the result that by the time Lady Justitia opens Her eyes, the eyes of the victims get permanently shut down in denial of justice forever to them by judiciary that recognizes delayed justice as denied justice.
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The government and corporates are allowed several extension of time for filing counter to the petitions that are routed through Courts, when they have limited time frame of say two weeks to a month only to address the issues directly. The respondent who shall be diligent in presenting their case, if any, get much time through negligence and tricks to prevent the flow of justice. When they can escalate to higher levels if they are aggrieved, there is no point in giving extension of time adding to the hardships of the aggrieved. Courts become a shelter to them for continuing injustice when petitions are not disposed of in time. An ideal resolution will be a fast track bench at each High Court to consider pension related petitions of senior citizens.
Courts had been upholding right to pension as property within the meaning assigned to it in terms of Article 31(1) and 19 (1) (f) { or 300 A } even as pension is paid out of exchequer and brings in a cost to the state. Ironically such courts have not so far been able to decipher in the case of bank employees {where pension and updating brings in no cost either to banks or to government as pension is paid out of Pension Fund comprising the deferred wages of employees} to grant the relief they seek. Rulings go against employees relying on the wrong submissions by government and public sector banks sans probity. Even as the Pension Funds are flooding with money and can foot four times the present pension to all the pensioners, statutorily vested pension and updating are not given in gross derogation of regulations and retired employees are placed on cross roads. Government and banks had been successful in transforming the temples of Lady Justitia into crematoriums of justice through wrong information fed.
Granting several extension for filing counter forms the single the reason for huge piles of petitions in various courts, strangling the judiciary and once the issue is addressed by setting time frame for disposal of petitions by senior citizens say three to four months, courts also can get rid of the avoidable burden.
It is also pertinent that rulings are not carried out in letter and spirit. To cite a simple example, in SLP 5525 of 2012 viz. Bank of Baroda & Anr. Vs. G Palani & Ors., it was ruled that the Joint Note has no statutory basis, regulations are binding, and the Joint Note could not have supplanted any of the provisions of the regulations with retrospective effect and all banks paid arrears of Dearness Allowance and interest. Yet, the Ministry of Finance and Public Sector Banks are disregarding the ruling by not paying pension from the date of retirement and contributions raised to Pension Fund on the basis of another Joint Note to promote further litigation to the detriment of the banking commune.
Senior citizens like me shall be indebted to you much in case you are pleased to direct the High Courts to set up fast track benches exclusively to hear the petitions of senior citizens, who are in the December of their lives so that they are not denied their right to live forever. It is the wish of everyone like me in the banking commune that history of Indian engraves the name of your Lordship engraved in letter of gold for making an indelible imprint.
Dated this the 24th day of October, 2018
Thanking You,
Yours respectfully,
C N Venugopalan, aged 68 years, Former Director (GoI Nominee) e-State Bank of Travancore and Ex-Manager, Union Bank of India, “ Nandnam” Kesari Junction, N Paravur, Kerala – 683 513
Heart touching letter voiced by Sri Venugopalan.The life of senior and super citizens in our country exposed to undue delay in seeking justice from the higher courts.Priority and time framed disposal may give some relief from the hardship suffering by these struggling lot. We appeal for fast track court admn to resolve the pension issues.My deep regards to Sri venugopalan and request for pursuing this point furthermore to make it reality.
ReplyDeleteFrom his union Bank days Venugopal sir is a champion fighter.
ReplyDeleteGovt has been under a misunderstanding that the arrears due to pension updation with burden PS banks who are already in financial difficulties. Nobody told them that there is a Pension Fund which is more than adequate to meet all the pension needs of the bank retirees. This payment will not burden either the govt or the banks.
ReplyDeleteA well drafted appeal to the highest Authority of Indian judiciary for cause of bank retirees who have been suffering due to anamolies created in wage agreements and have no platform for redressal of their grievances except court.
ReplyDelete