Friends, Today writ filed by shri venugopal was heard at kerala high court,bank has asked time of further 7 days to submit it's reply.
Writ pertains to
1... refund of 56 %of PF CONTRIBUTION OF EMPLOYEES WHO TOOK 2ND OPTION OF PENSION.(in case of retirement upto 27.04.2010)
2....REFUND IF 2.8 % OF REVISED PAY ,(WHO RETIRED ON OR AFTER 27.04.2010.)
3...DATE OF PENSION COMMENCEMENT SHOULD BE IMMEDIATELY AFTER DATE OF RETIREMENT AND NOT 27.11.2009 AS GIVEN BY MANAGEMENT.
Friends ,AFTER REVISION OF PENSION ACT NOTIFIED IN GAZETTE OF INDIA DATED 6.11.2017 IT IS WRITTEN in UNAMBIGUOUS TERMS THAT "" NO
EMPLOYEE TO WHOM PROVISIONS OF REGULATION 34OR REGULATION 46 IS INAPPLICABLE ,A PENSION OTHER THAN FAMILY PENSION SHALL BECOME PAYABLE FROM THE DATE FOLLOWING THE DATE OF HIS RETIREMENT,WHILE AMENDING REGULATION 52(1)WITH RETROSPECTIVE EFFECT,MAKING IT CLEAR THAT EMPLOYEES ARE ENTITLED TO PENSION FROM FOLLOWING THE DATE OF RETIREMENT.
4....WHEN EMPLOYEES ARE ENTITLED PENSION FROM DATE OF RETIREMENT ,THE CONTRIBUTION OF 56 %OF CPF PAID ON RETIREMENT ON THE BASIS OF JOINT NOTE BECOMES UNNECESSARY AND REFUNDABLE.
PLEASE NOTE THAT HONOURABLE SUPREME COURT RULING DATED 13.02.2018 INCASE OF BANK OF BARODA AND ANOTHER VS G PALANI AND OTHERS( CA NO 5525 OF 2012) WHEREIN IT IS HELD that joint note has no statutory basis and can not supplant any of the provisions of pension regulations with retrospective effect and that there can not be estoppels for enforcing the provisions of the regulations in force.
5....SINCE the bank is the sole contributor to the pension fund interns of regulation 5(3)and 11 and the PENSION FUND can not receive any thing else than the components listed in regulations 7 ,the
Contribution of 56% & 2.8% raised by the bank is unauthorised and is well refundable.
FRIENDS ,ABOVE AMENDMENT HAS BEEN
MADE BY GOVT IN PENSION REGULATION ACT TO OBEY THE DIRECTIVES OF SUPREME COURT ON 06.11.2017 TO GIVE OPTION OF PENSION TO
DISMISSED/CRS GIVEN/RESIGNATION ON OWN BY THE OFFICERS AFTER COMPLETING QUALIFYING SERVICE FOR PENSION.
BANKS HAVE NO ESCAPE FROM THE MISTAKES DONE BY THEM BY COLLECTING
56% &2.8% ILLEGAL UNAUTHORISED
COLLECTION AND PAYING PENSION FROM 27.11.2009 TO SECOND PENSION OPTION OPTEES.
WE HAVE TO FILE IMMEDIATE WRIT IN JABALPUR HIGH COURT.
THOSE FRIENDS WHO ARE INTERESTED IN WRIT MAY CONTACT ME ON MY PERSONAL WHATTS NO 9406516725 or mo no 9137482230.with details
Name.,bank ,date of retirement,contribution paid to bank %,Date of pension start.,amount of pension and full address with mobile no.
WITH REGARDS,
O.P.PARASHAR
UNION BANK RETIREE
BHOPAL .462026
The new petition is not filed. It was only a draft and will take some more time. Other options are also in the offing. But we have covered both matters viz. Updating of pension( two petitions which are yet to be posted for want of counter) and five petitions against Joint Note anomalies i.e. for pension from the date of retirement and refund of 2.8 times pay for Nov.2007 and 56 percent of CPF. Pension from date of retirement to 27.11.2009 will work out to Rs.50 lakhs and refund of contributions will yield Rs.3.00 to Rs..10 lakhs. Those who want to participate in the project may send their financial support to Common Cause Consortium Kerala Account No.3634543208 with central bank of india N Patavur IFSC 0284752. It can help us meet the cost of suits filed already and of any future petition filed. From other states, retiree organizations are given technical advice to raise claims with banks to create cause of action and to file petitions. Unless We act now and get results it will never come. Now DFS and IBA are under severe pressure. The time is ripe for anything
ReplyDeleteC N Venugopalan 9447747994