1 SBMPC - General Secretary Report General Secretary’s Report Pranams to every one of you. I owe every one of you gratitude. Thanks, infinite. Our Central Committee craves for condoning the delay in conducting this Conference, which was due on the 29th September, 2015. Our Central Committee recognizes the magnanimity of members of our Commune. I would proceed further, if you condone the delay. On behalf of Central Committee of State Bank of Mysore Pensioners’ Commune, I am presenting saga of our toil, efforts, successes, achievements, benefits, accomplishments, short-comings, victories, failures, and pains during last four years. I am placing this report for you to dissect, debate, argue and suggest. We should also be creating a Blue print of our activities for next term. Dear Sirs and Madams, when someone you love becomes a memory, the memory becomes the treasure. Still, it is painful. Simply, it is impossible to fill the Vacuum. The most painful Goodbyes are the ones that are never said and never explained. During last four years more than 250 of our friends, ex-colleagues, superiors, sub- ordinates, gurus and shishyas, are not with us. They have reached heavenly abode. We shall all join together to pray. SBMPC dips its banner in honour of the departed colleagues and Let the departed souls rest in peace. We are fortunate. Unlike earlier terms, we lost only one member of our Committee, Shri Srikantaiah. Ever smiling and always helpful Shri Srikantaiah was member of Central Committee of our Commune. He was Mr.Dependable. All of us were fortunate to have such persons as members of our Committee. But, it is unfortunate to lose such a person. During last four years, we have lost many eminent personalities. The list is very long. But, some of them are : Dr. A.P.J. Abdul Kalam, Justice V.R.Krishna Iyer, R J Sridharan, N Sampath, A.B. Bardhan, Chavez, Margarat Thatcher, Lalgudi Jayaraman, T.M.Soundararajan, Mohan Dharia, G P Deshpande, S S Thiagarajan, Satyapal Dang, Dr.Narendra Dabholkar, Pran Chopra, Anjali Devi, M.V.G.Nair, U.R.Ananthamurthy, Benoy Konar, N.Mahalingam, Phillip Hughes, K.Balachandar, P.S.L.M.Haragopal P.B.Srinivas Rao, Dilip Mukherjee (RRB), J.S.Varma, Samar Mukherjee, Sarojini Varadappan, J.S.Bhatnagar, Veliam Bhargavan,
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SBMPC - General Secretary Report
General Secretary’s Report
Pranams to every one of you. I owe every one of you gratitude. Thanks, infinite.
Our Central Committee craves for condoning the delay in conducting this Conference,
which was due on the 29th September, 2015. Our Central Committee recognizes
the magnanimity of members of our Commune. I would proceed further, if you
condone the delay.
On behalf of Central Committee of State Bank of Mysore Pensioners’ Commune,
I am presenting saga of our toil, efforts, successes, achievements, benefits,
accomplishments, short-comings, victories, failures, and pains during last four years.
I am placing this report for you to dissect, debate, argue and suggest. We should
also be creating a Blue print of our activities for next term.
Dear Sirs and Madams, when someone you love becomes a memory, the memory
becomes the treasure. Still, it is painful. Simply, it is impossible to fill the Vacuum.
The most painful Goodbyes are the ones that are never said and never explained.
During last four years more than 250 of our friends, ex-colleagues, superiors, sub-
ordinates, gurus and shishyas, are not with us. They have reached heavenly abode.
We shall all join together to pray. SBMPC dips its banner in honour of the departed
colleagues and Let the departed souls rest in peace.
We are fortunate. Unlike earlier terms, we lost only one member of our Committee,
Shri Srikantaiah. Ever smiling and always helpful Shri Srikantaiah was member of
Central Committee of our Commune. He was Mr.Dependable. All of us were
fortunate to have such persons as members of our Committee. But, it is unfortunate
to lose such a person.
During last four years, we have lost many eminent personalities. The list is very
long. But, some of them are :
Dr. A.P.J. Abdul Kalam, Justice V.R.Krishna Iyer, R J Sridharan, N Sampath, A.B. Bardhan,
and Shri Venkoba Rao as Secretaries and Shri Sarveshwar Rao as Treasurer. With
the present0.2 leadership, we have an excellent relationship with SBM Employees’
Union.
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SBMPC - General Secretary Report
Associate Bank Officers’ Association – SBMUnit :
Triennial Conference of ABOA – Mysore unit was held on the 11th of October, 2015
at Bangalore. Shri Harikrishna G (President), Shri Raju D (Vice President), Shri Ramesh
R (General Secretary), Shri Nagesh V N (Deputy General Secretary), Shri Thulasiram
(Treasurer), Shri Deenadayal G, Sriram S, Shri Arora D K (Asst. General Secretaries),
and Ms.Roopa J Rao, Sreejit V K, Sunil V, Nataraj B H M, Shri Bhaskar Pai
Ramachandran C, Chandrasekhar K M, Suresh H G, Murali J (Secretaries) are elected
for the next term. We are privileged to have support of Officers of our Bank
represented by Associate Bank Officers’ Association.
Retirees of Mysore Bank request and expect continued cooperation and assistance
from SBM Employees’ Union and Associate Bank Officers’ Association – SBM Unit
in securing legitimate benefits.
Meeting with Managing Director (A&S), State Bank of India and Shri
Harshavardhan Madhubashi, General Secretary, Associate Bank Officers’
Association :
On behalf of Coordination Committee of Associate Bank Retirees’ Organisations,
we had a meeting with Shri Kannan, Managing Director (A&S), State Bank of India
on the sidelines of Joint Meeting of Executives of State Bank of India and its
Associates with leaders of Associate Bank Officers’ Association held on the 22nd
December, 2014 at Bangalore. We have impressed upon the SBI management for a
meeting of representatives of retirees’ organisations in Associate Banks with
representatives of SBI Management. We have also requested the SBI management
to extend various benefits which are available to its retirees in State Bank of India
and also order payment of benefits in respect of which cases are pending before
various courts, such as addition of 5 year notional service to VRS-2001/Exit Policy
retirees, Pension Option to Exit Policy retirees, etc. We have been assured that
they would consider our request. In the meantime, we also had a meeting with Shri
Harshavardhan Madhubashi, General Secretary, ABOA. Shri Guruswamy, General
Secretary, ABOA : Mysore unit who was present, also supported our cause. Shri
Harshavardhan Madhubashi assured us that he would take up issues raised by us
with MD, A&S Department of State Bank of India. He has since taken up the matter
with MD, A&S Department of State Bank of India. We are thankful to Shri
Harshavardhan.
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SBMPC - General Secretary Report
Workshop on Medical Insurance at Bengaluru, Mysore and Tumkur :
Our Commune is in the forefront in providing information and guiding members in
various aspects of retired life. Earlier issue of Mysore Bank Shathayu provided
complete information regarding importance of Medical Insurance. Workshops at
Bengaluru (19/10/2015), Mysore (31/10/2015) and at Tumkur (21/11/2015) were
organized.
Medical Insurance Workshop for the benefit of our members residing in Tumkur
District was held on Monday, the 19th October, 2015. Over 60 of our members
residing at Tumkurparticipated in the Workshop.
A meeting of our Members was organised on the 31st October, 2015 at Babbur
Kamme Hostel, Mysore Premises. This meeting was organised for the twin purposes.
Explaining all about medical insurance scheme and also inauguration of celebration
of 20 years of service by our Commune are two objectives. 70th Birthday of Shri H
S Nanjunda Swamy was also celebrated on that day. Over 200 of our members
participated in the program and got clarification in respect of every doubt/query of
them.
Workshop on Medical Insurance Claim processes at Bengaluru and Tumkur
A program to make members understand about claiming Medical Insurance was
organized in Bengaluru on the 12th January, 2016 at 2 30 pm at ADA Ranga Mandira,
J C Road, Bengaluru. Representatives of MediAssist India, the Third Party
Administrators, who manage claims under IBA Group Medical Insurance Scheme of
our Bank, explained claim processes, in detail. They also answered every question
and cleared doubts with regard to claim processes. Perhaps, SBM Pensioners’
Commune is the only Bank Retirees’ Organisation to conduct such an independent
program.
The response of the members was also overwhelming. Over 700 members attended
this program and most of them were from Bengaluru.
Medical Insurance Claims Process Workshop for the benefit of our members residing
in Tumkur District was held on Saturday, the 13th February, 2016. Over 75 of our
members residing at Tumkur participated in the Workshop.
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SBMPC - General Secretary Report
Grievance Cell Meeting was held on 24/07/2015 :
Memories of members are recalled with regard to the concept of constitution of
Grievance Cell and periodical meeting of the cell to redress Grievances which was
introduced on account of efforts of our Apex Organisation, All India Bank Retirees’
Federation. One such meeting in our Bank was earlier held on 22nd March, 2012.
Even though, a meeting was conducted, the benefits derived by retirees of our
Bank, was also limited. Our Commune pursued continuously with our Bank
management for conduct of another meeting. Commune was asked to submit the
list of issues/demands and Grievances. Precedence, Court decisions, provisions of
Bipartite Settlements/Joint Notes, situations in other Banks, Legal positions, Law/
Rules, etc. were presented along with every required document, in support of issues
raised by our Commune. Still, meeting did not take place. Fortunately, Sri
Ramasubramanian, Director of our Bank who also belong to our tribe, raised this
issue at various forums/platforms, which culminated in conducting preliminary
Grievance Cell meeting. Shri Parthasarathy, then General Manager (HR & GA), Shri
Pradeep Kumar (since retired), the then Deputy General Manager and Shri K
Jayakumar, Chief Manager (IR) and every other Officer in Industrial Relations
Department helped retirees in organizing ‘Grievance Cell meeting’. Two
representatives from each of the Retirees Organisations in our Bank, viz. our
Commune and ABROA – Unit : Mysore were invited to attend the meeting. Our
Commune was represented by the General Secretary, Shri C N Prasad and Vice
President, Shri S Siddagangaiah.
The list of benefits include : Payment of Gratuity by including Extra-Ordinary Leave
on Loss of Pay, period of suspension, period of Temporary service, before
regularization and entire period of service instead of proportional service in respect
of part-time employees, Extension of another option to become a member of REMBS
to non-superannuated retirees, addition of ailments to the list of ailments covered,
removal of ceiling on amount reimbursed in respect of various ailments (which is
already implemented) and payment of full amount of bills, removal of discrimination
against SBMVRS retirees in respect of rate of interest on loan against own securities,
payment of pension/extension of pension option to those who retired under SBMVRS,
but served for a period less than 20 years, pension option to those who retired
under exit policy and five year notional service benefit to those who retired under
SBMVRS/Exit policy, Delay in settlement of terminal benefits, recovery of leave
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SBMPC - General Secretary Report
salary out of terminal benefit in respect of those who retire voluntarily, but absence
during notice period, without any leave at credit, Extension of pension option to
those who could not take advantage of second pension option, dispensing medicines
at Banks clinics to retirees, Payment of pension on 27th of every month, like SBI,
Loan to our Bank retirees at a concessional rate, Group Medical Insurance coverage
out of Staff Welfare Fund allocation and Reduction of Commutation from the date
of payment, instead of from the date of retirement.
Most of these benefits, we believe, have been agreed to be extended. Due to
some technical and inexplicable reasons, many of these agreed benefits have not
yet been extended. SBMPC is proud that it is the only retirees’ organization in the
country, which has compiled such grievances of retirees, many of which are not
extended in many other Banks also. We are pursuing conducting of Grievance Cell
meeting, where we reach logical conclusions.
Successes of efforts by our Commune :
Our Commune is raising various issues confronting its members. Our Commune
has succeeded in some and but, not yet in some others. This does not mean that
our Commune has failed to secure some legitimate benefit. If our Commune has
not succeeded in some means that efforts are still on and issues have not reached
finality. But, our Commune is certainly proud that our Bank retirees have several
benefits which are not extended in most of the Banks. In most of such benefits,
our Commune has played its role. We have the advantage of enlisting support of
both Workmen’s and Officers’ Organisation. Many of the benefits secured are on
account of support and assistance of leaders of Union and also of our Association.
Some of them are :
a. Payment of Pension to our members even before Pension Regulations,
1995 was notified in the Official Gazette. Shri C E Sundara Rao, our
Founder Treasurer, is the first retiree in Associate Banks to receive
Pension ;
b. Our Bank is the first Bank to pay amount out of unclaimed/forfeited
amount laying in Provident Fund in the event of death of an employee,
as funeral expenses. This Scheme is named as ‘Shradhaanjali’. With
the efforts of our President and leaders of our Commune, this is extended
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SBMPC - General Secretary Report
to retirees also. Now, this is extended in every Associate Bank. The
amount paid, currently is Rs.15,000/-. Perhaps, our Bank is the first to
introduce and our Commune is the first to ensure introduction of such
scheme in the Banking industry ;
c. Diagnostic Charges is being reimbursed in our Bank, out of Staff Welfare
Fund allocation. This was introduced even before Govt. of India advised
Public Sector Banks to extend this benefit. The amount reimbursed
during last and this year is Rs.4,000/- for all former employees and
their surviving spouses. Perhaps, the only Bank to disburse such benefit
to all, irrespective of mode of their exit ;
d. Every benefit available to Superannuated Retirees is available to every
retiree of our Bank, irrespective of their mode of exit, except Scheme II
of REMBS ;
e. Only Bank, which is reckoning probationary period of service of part
time employees, while calculating pension, from the date of introduction
of pension ;
f. Pension is being paid under Regulation 29 to every retiree who has
retired voluntarily after serving for a period over 19 years and 6 months,
since 2007
These benefits are secured by our Commune before commencement
of this term. However, we are proud that we have secured following
benefits, during this term :
a. Initiating disciplinary proceedings against retired officers even after
completion of four years after Cause of action is completely
withdrawn. Now, no launching of disciplinary proceedings if four
years have lapsed from the date of cause of action.
Some of our members who have retired as officers, informed us that
they have received letters from Controlling authorities of Branches in
which these Officers have served. They have sought explanation from
these retired officers in respect of causes of action which arose or in
respect of earlier events, after a period of more than four years.Several
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SBMPC - General Secretary Report
audits had also taken place after these events took place and no malafide
have also been attributed to any of these decisions/actions of these
retired Officers. It is unfortunate that some Controllers had sought
explanation from these retired officers, in respect of such events/causes
of action. We took up this issue with the top management of our Bank,
duly quoting provisions of Regulation 48 of Bank Employees’ Pension
Regulations, 1995. We have succeeded in convincing our Management
and our Bank functionaries have stopped such actions of calling
explanations, etc.
b. Full length of service of part time employees is considered when
minimum required service to become eligible for pension :
Our Bank was reckoning part time service of Part time employees
proportionately, as provided in Appendix IV of Bank Employees’ Pension
Regulations, 1995. For those who have served for thirty years on one
fourth wages, only 25% of service is reckoned for calculation of Pension.
But, for those who had served for a period of ten years and on three-
fourth wages, service is considered as seven and a half years. Such
retirees were not eligible for pension if they have retired on attaining
superannuation, as the service reckoned is less than ten years, required
to become eligible for pension. We brought provisions of Regulation
14 which defined qualifying service to the notice of concerned
authorities. We have also helped them to differentiate qualifying service
from service reckoned for calculation of pension. We are extremely
happy to note that our Bank has commenced to reckon entire service
for the purpose of calculation of qualifying service.
This issue of reckoning proportionate service for the purpose of
calculation of pension was causing a great amount of loss to part time
employees. This is because a Part Time Employee on half wages with
30 years of service is reckoned as 15 years of service. Further, wages
taken into account was also 50% of wages entitled. Consequently,
service taken into account is 7 years and 6 months only, if full wages is reckoned.
This issue was raised by our Commune in several meetings of our Apex
Organisation. This issue was also taken up with UFBU constituents.
Finally, this anomaly is rectified in 10th Bipartite Settlement, which reads
as under :
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SBMPC - General Secretary Report
15(A). Pension for Part-time Employees
With effect from 1st November 2012, for the purpose of
calculating the amount ofpension in respect of permanent
part time employees in scale wages who are covered by
the Pension Scheme, their actual service shall be reckoned
for qualifying service and not pro rata. The actual service/
qualifying service shall be calculated from the date of
recruitment/appointment as permanent part time
employee in scale wages or from 1st September 1978
whichever is later.
But, the Banks extended this benefit to only those who retired on or
after 1.11.2012. This matter was again taken up at Office Bearers
meeting held at Ahmedabad. Now, with the the aid and assistance of
Shri S V Srinivasan, Deputy General Secretary of our Apex Organisation,
AIBRF, this issue is resolved with direction from IBA to all its member
Banks, who are parties to 10th Bipartite Settlement, based on the
clarification sought by AIBEA, the benefit is extended to all those who
were in service as on 1.9.1978 or later. But, the benefit or arrears is
payable only from 1.11.2012. We profusely thank our Apex
Organisation, AIBRF, its DGS, Shri S V Srinivasan and All India Bank
Employees’ Association.
We have also taken up anomaly regarding payment of Gratuity to Part-
time employees who have since retired.
c. Pension option to those who retired under Exit-2006/07 & under
VRS 2001 after serving over 15 years, but less than 20 years :
Pension Settlement dated 27.4.2010 provided for Pension option to those
who had opted for Provident Fund and retired. The settlement covers
‘retirement’ and all those retired on or after 29.9.1995/26.3.1996. They
had to pay 156% of management contribution of PF. Member Banks
extended this pension option only to those who retired on Superannuation
or under VRS – 2001. This option was not extended to those Retired
under various clauses/regulations. This option was not extended to
those Officers, who were voluntarily retired or compulsorily retired.
Those who have resigned are also excluded from this benefit. IBA/
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SBMPC - General Secretary Report
Banks denied this benefit invoking Regulation 22 of Bank Employees’
Pension Regulations, 1995 or absence of explicit clause covering those
who retired under other modes.
Many retirees, including our members, coordinated by Shri Madhava
Murthy and Shri Ramalingam filed Writ Petitions in Karnataka High
Court. Karnataka High Court decided in favour of Petitioners and ordered
pension option to all those who have completed 20 years of service to
opt for pension. But, Banks filed appeals.
On account of judgments by several High Courts including Judgment by
Karnataka High Court and on advice from Government of India , Indian
Bank Association instructed member banks to extend pension option to
those who retired under Regulation 19(1) of Officers’ Service Regulations,
1979, vide CIR/HR&IR/2012-13/G2/6213 dated 9th November, 2012.
Unfortunately, Associate Banks did not extend Pension option to Officers
who retired under Exit Policy 2006/07. Associate Banks took a stand
that these Officers have not retired under OSR 19(1), even though every
clause of this Regulation was applicable to these retirees.
Our Commune had launched agitation program, by submitting mass
memorandum during November, 2014. Our Commune initiated several
measures to secure this benefit. Retired Officers from State Bank of
Travancore succeeded in Division Bench of Kerala High Court, quoting
decision of Karnataka High Court. Our Commune assisted these Retired
Officers in filing Caveat in Supreme Court. Fortunately, State Bank of
Travancore did not file Special Leave Petition.
d. Pension option to those who retired under VRS – 2001 :
Another benefit where Associate Bank Retirees were agitating was
Pension/Pension option to those who retired under VRS 2001, after
serving over 15 years, but less than 20 years of service. Regulation 28
(Superannuation pension) of Pension Regulations was amended in all
Public Sector Banks, with an exception of Associate Bank, duly
incorporating provision for payment of pension to those who retired
under Voluntary Retirement Scheme approved by the Government,
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SBMPC - General Secretary Report
provided such these retirees have put in service over 15 years, but less
than 20 years. Associate Banks, specifically denied pension to those
who had put in 15 years of service, but less than 20 years, but retired
under Voluntary Retirement Scheme.
This issue reached Hon’ble Supreme Court. Civil Appeal filed by State
Bank of Patiala against Pritam Singh Bedi and others. Hon’ble Supreme
Court, though dismissed Civil Appeal filed by State Bank of Patiala, it is
stated that those who had served more than 19 years and six months
are entitled to receive pension under Regulation 29. But, orders were
not clear as to entitlement of pension by those who had served less
than 19 years & 9 months. State Bank of Patiala filed clarification
petition, which was also dismissed. But, the Court advised State Bank
of Patiala to file review petition. Review Petition was also filed and the
same was dismissed. State Bank of Patiala paid this benefit only to
petitioners. There are several such retirees who are not receiving
pension.
Before, Hon’ble Supreme Court decided this matter, Smt. Shankari, who
retired from State Bank of Hyderabad, was successful in Madras High
Court. The Court ordered extension of benefit. But, the Bank has filed
Writ Appeal.
But, similarly placed retirees from State Bank of Travancore filed Writ
Petition before Kerala High Court. Kerala High Court ordered payment
of this benefit. But, the Bank filed Writ Appeal. Writ Appeal was also
dismissed by the Division Bench, duly quoting Pritam Singh Bedi’s and
Shankari’s cases.
In the meantime, Joint Meeting of functionaries of ABOA and Top
Management of State Bank of India and Associates was held at
Bangalore on the 22th December 2014. The General Secretary and
Shri Siddagangaiah, Vice President, met Shri Kannan, Managing Director
(A&S), State Bank of India and Shri Harshavardhan Madhubashi, General
Secretary, ABOA. We appealed for payment of these benefits in
Associate Banks, which have been extended by every Public Sector Bank,
other than Associate Banks. It was indicated on that day itself, that
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SBMPC - General Secretary Report
these benefits would be extended. In the meantime, Shri Harshavardhan
also took up the matter with top management of State Bank of India.
We also assisted Petitioners who had retired under Exit Policy from State
Bank of Travancore in filing Caveat before Supreme Court. But, on
account of constant persuasion, State Bank of India decided to extend
these two benefits.
Most of these retirees had a feeling that this benefit would not be
extended. They never thought that they would be pensioners at the end
of 15th year of retirement. They had not left their contact details also.
Most of these retirees applied for Pension/Pension option. But,
substantial number of retirees did not opt, on account of lack of
information. In fact, one of them is staying in Nepal. The list of those
whose addresses were not available was published in our Magazine.
Due to our efforts, many of the eligible retirees got the benefit.
In the meantime, we requested our Bank Management to set off arrears
with 156% of Provident Fund amount refundable. We are extremely
pleased to report that our Bank not only paid arrears from 27.11.2009,
but also paid arrears after netting. Our efforts ensured that only in our
Bank, not only arrears was paid from 27.11.2009 in respect of PF optees,
from the date of retirement in respect of Pension optees, netting of
arrears with 156% was also allowed. Only in State Bank of Travancore,
arrears was paid from 27.11.2009 in respect of PF optees and from the
date of retirement in respect of Pension optees. However, netting was
not allowed. In all other Associate Banks, pension is being paid only
from 27.4.2010, both in respect Pension and PF optees.
e. Pension paid to Smt. Manoharamma, Family Pensioner.
Smt. Manoharamma, applied for family pension during the year 1998 as
Shri Muniswamy, her husband died during the year 1993. She pleaded
that she did not apply for pension as she was not aware of introduction
pension scheme in Banks during 1995/1996. She also pleaded that she
is residing at Punganur and illiterate. Unfortunately, our Bank refused
family pension with ‘delay’ as the reason. Our Commune also
represented on her behalf. On refusal, she filed Writ Petition before
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SBMPC - General Secretary Report
Andhra Pradesh High Court and Andhra Pradesh High Court ordered
extension of this benefit keeping in view her background. Our Bank
filed Writ Appeal and Writ Appeal was dismissed stating that family of
deceased employee is entitled to ‘Notice’. Our Bank has filed Special
Leave Petition which was also dismissed. Now, our Bank has paid arrears
of pension. While we congratulate Smt Manoharamma, we are also
requesting our management for extension of pension to similarly placed
retirees/family pensioners. Incidentally, name of our Commune also
finds a place in the Judgment of Andhra Pradesh High Court.
f. Payment of Gratuity(based on revised pay to all those Officers who
retired/died during the period from 1.7.1993 to 31.10.1994) to Smt
Saroja Shiva Kumar:
One of our members, Smt Saroja Shivakumar had filed Writ Petition
praying for payment of Gratuity based on revised pay of her Late
husband, Shri Shivakumar, instead of pre-revised pay as per Joint Note
dated 23.06.1995. Her Writ Petition was allowed. Writ Appeal by our
Bank was also dismissed by Division Bench of Karnataka High Court.
Thereafter, Special Leave Petition and Revision Petition filed by our Bank
have also been dismissed by Supreme Court of India. Since, the highest
Court in the Country has dismissed appeals. Our Bank did not agree to
extend this benefit to similarly placed retirees, stating that the Special
Leave Petition is dismissed without a detailed order, therefore, the law
is kept open and Bank is not bound by this order. It is unfortunate that
this matter has not yet been settled even after 22 years. The youngest
retiree, who is the beneficiary in this issue is 82 years.
g. Payment of full amount of Bill under REMBS, instead of limiting to
certain sub-limits :
Our Bank introduced SBM Retired Employees Medical Benefit Scheme
II vide PGP/01 dated 15.12.2012. Highlight of the Scheme is :
ü Maximum amount – Rs.7,00,000/- for self, spouse and invalid
children ;
Amount to be paid :Plan A Two months gross pension plus 15% for
2.00 lacs
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SBMPC - General Secretary Report
Plan B ‘ 42,600.00 for 3.00 lacs, ;Plan C ‘ 50,000.00 for 4.00 lacs
Plan D ‘ 57,000.00 for 5.00 lacs ;Plan E ‘ 62,000.00 for 7.00 lacs
ü Duration of coverage – Till entire amount opted is exhausted or
demise of both retired staff & spouse or exhausting limit as per
chosen plan
ü 20 ailments covered (a. Cardiac ailments b. Cancer c. Kidney Failure
/ transplant d. Paralysis e. Retinal detachment or cornea replacement
f. Major accidents g. Tumor h. Cerbro-vascular accidents / brain
hemorrhage i. Total hip / knee replacement j. Cataract and Glaucoma
surgery k. Tuberculosis l. Diabetes m. Appendicitis surgery n.
Prostrate o. Hernia p. Removal of Stone in Gall bladder q. Alzheimer’s
disease r. Parkinson’s disease s. Liver Cirrhosis [ non-alcoholic ] t.
Arthritis)
ü 10% of amount in entire life with 1% ceiling per annum can be
withdrawn for domiciliary treatment
ü Reimbursement basis only
However, our Bank was limiting the amount of reimbursement to the
limits of Scheme I. For example, maximum amount payable is Rs.30,000/
- for cataract in any one year, under Scheme I. But, Scheme II does not
restrict such amounts. Further, Service Tax component of the Bills were
also not paid. We took up this matter and our Bank is making payment
in full, without any sub-limits and without deducting Service Tax.
The new Scheme of REMBS – Scheme II allows only those who retired
on Superannuation, spouse of deceased employees and those retired
voluntarily on Medical Grounds after appearing before Bank’s Medical
Board. Now, we understand that other Associate Banks have allowed
all those who are members of Scheme I of REMBS to become members
of Scheme II of REMBS. Stipulation of appearance before medical board
is waived in respect of those who have retired voluntarily on medical
grounds. Consequently, those who have retired voluntarily on medical
grounds without appearing before Bank’s medical board are also
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SBMPC - General Secretary Report
allowed to join Scheme II in addition to those who have already become
members of Scheme I of REMBS. In other Associate Banks, time to
become a member of Scheme II is extended by three months. We have
represented to and requested our Bank Management to extend similar
facility in our Bank also. We have brought contents of Annexure III of
Circular No. CDO/P&HRD-PM/58/2015 – 16 dated 7th October, 2015 to
the notice of our Bank Management regarding extending another option
to join REMBS. We are confident that our Bank also allows such facility.
We are confident of introduction of this scheme.
h. Dispensing of blocking of accounts in the event of non-receipt of
Life Certificate :
Some of our members informed us that their accounts are blocked on
account of alleged non-submission of Life Certificate. They claimed
that the Bank was aware of their existence. They also informed that no
notice was also sent before blocking of such accounts. We were also
informed that some of the cheques issued by our members in such cases
were also returned on account of blocking of account. We took up this
matter with our Bank. We also brought to their notice as to provisions
of Pension Regulations. We are pleased to inform that our Bank issued
instructions vide PGP Circular No.1/2014 – 15 dated 19.1.2015 advising
branches not to block accounts on account of alleged non-receipt of
Life Certificates.
It is also brought to our notice that Pension is not credited on account
of non-receipt of Life Certificate, even though they had submitted Life
Certificate. Unfortunately, they had not obtained acknowledgement,
when Life Certificate is submitted. Therefore, we have advised our
members to submit Life Certificate only against acknowledgement.
We place on record the efforts of Shri C S Ramanath, our member, in
this regard.
i. Payment of Gratuity taking into account period of suspension :
We are happy to inform that Karnataka High Court, in Balakrishna Singh
Vs State Bank of Mysore and others, has ordered payment of Gratuity
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SBMPC - General Secretary Report
duly including the period of Suspension, even in cases where disciplinary
proceedings culminated in punishment, if final orders do not specify
non-payment of Gratuity on account of non-inclusion of period of
suspension under Section 2A of Payment of Gratuity Act, 1972. We
arepursuing the matter for extension of this benefit to all such retired
employees, who were suspended till the conclusion of disciplinary
proceedings which culminated in any form of punishment, including
warning.
j. Election of Dr.Lakshmisha as Director of our Bank representing Share
holders
Our Commune had appealed and requested our members to support
the candidature of our member, Dr.K Lakshmisha. He richly deserved
support of our Bank Retirees. Our members supported his candidature
and he won by securing nearly 90% of the votes polled. On behalf of
every member of our Commune, Our Commune congratulate Dr. K
Lakshmisha for his election as Share Holder Director of our Bank. We
are proud that we have a representative on the Board of State Bank of
Mysore. Among affiliates of our Apex Organisation, All India Bank
Retirees’ Federation, only our Commune has a representative on the
Board of the bank. Perhaps, if our representatives are there in Boards
of Banks, Bank Retirees can draw a lot of benefits. We hope other
affiliates of our AIBRF would also ensure that our representative is on
the Board of every Bank.
Our Commune assures whole hearted support to Dr.K Lakshmisha in his
new assignment. Every member of our Commune stands behind him in
his new assignment.
Dr K Lakshmisha is the Chief Convenor of this Conference. He has, in
fact, assisted and represented us and our issues were also taken up.
We are thankful to him, for his support.
Our Commune also thanks Shri S Ramasubramanian, for his support
and assistance for the cause of our Bank retirees. Even after demitting
his Office, he continues to assist retirees in taking up our issues with
the Management of our Bank.
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SBMPC - General Secretary Report
k. Payment of Diagnostic Charges to Family Pensioners/Surviving
spouses :
It is on account of efforts of our Commune, reimbursement of Diagnostic
Charges to Surviving Spouses deceased retirees/Family Pensioners was
introduced during 2011. Initially, the amount paid to them was Rs.1,000/
-. This was increased to Rs.1,500/-. Since last year, they are also entitled
to the amount equivalent to the amount being reimbursed to our Bank
retirees. Currently, the amount reimbursed is Rs.4,000/- to all retirees
and surviving spouses/Family Pensioners, irrespective of mode of their
retirement. Perhaps, our Bank is the only Bank, which is extending
such facility irrespective of mode of exit from the Bank.
l. Treatment at Branches :
Some of the retirees of our Bank have reported several problems faced
by them at our Bank Branches. Our Bank has extended several benefits
to our Bank retirees. They are entitled to such benefits, as a right.
They are also High Value Customers of our Bank. But, it is unfortunate
that some Officials at Bank Branches take whimsical decisions of
denying such legitimate benefits. In some cases, retirees were also
abused. In case, retirees of our Bank face any such problem, they were
advised to inform functionaries of our Commune, in writing. Our
Commune is in forefront to secure such legitimate benefits and does
not hesitate launching of agitation in front of such Branches of our
Bank, in the presence of media.
m. Establishment of Museum:
In the Annual General Meeting of our Bank held on the 31st May, 2016,
our member, Shri M Y Kumar raised the issue of establishment of Museum
for posterity, post-merger. The Chairman, agreed and appreciated the
suggestion. Our Bank is establishing a Museum in and around Shri
Lakshmi Statue at Bangalore Branch. Our Commune’s representatives
are also a part of the Committee to oversee establishment of Museum.
We have requested our members to provide photographs of their times.
It is also an opportunity to leave a mark, providing memorable pictures
of yesteryears. Many of our members have shared or handed over a lot
of material for establishment of Museum.
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n. Shradhaanjali Scheme :
June & July 2016 issues of Mysore Bank Shathayu have already reported
that payment of Rs.15,000/- on unfortunate demise of a retiree may
not continue post-merger. Central Committee in its meeting held on
the 26th June, 2016 deliberated on this issue at length and also discussed
ways and means to continue this facility. Committee decided
unanimously to introduce a scheme by the same name, ‘Shradhanjali’.
Our Commune, would continue to pay Rs.15,000/- as is paid by our
Bank, now under Shradhanjali Scheme, through a Trust formed by our
Commune. Every member of our Commune who becomes a member of
this Scheme, by paying one time amount of Rs.2,500/- would be covered
under this Shradhanjali Scheme. This Scheme would be launched in
5th Triennial Conference of our Commune to be held on 17th September,
2016. A part of amount collected out of advertisements placed in our
Souvenir would also be a part of Corpus of this Scheme.
Further, our Central Committee, in its meeting held on 3rd September,
2016 also decided to cover those employees including Officers who
are in service, under this scheme. Those employees who join this
scheme would become members of our Commune on their retirement,
automatically.
o. Webpage for retirees :
This issue is also one of the issues, our Commune is raising through
Grievance Cell. Now, we understand that creation of Webpage is
approved and would be available shortly. But, we are also aware that
this facility is also in existence in State Bank of India. We have been
informed that all retirees would also be provided with Email IDs, also
shortly.
p. Group Medical Insurance :
Our Commune do understandthe fears of our members regarding
continuity of Medical Insurance. All of us are aware that this Group
Medical Insurance was introduced by Banks, which are members of
Indian Banks Association and covered by Bipartite Settlement/Joint
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SBMPC - General Secretary Report
Notes, with an exception of State Bank of India. State Bank of India is
not covered by this portion of Bipartite Settlement. Therefore, the
present Medical Insurance Scheme is not available in State Bank of
India. If merger/acquisition does not take place before 1.11.2016, the
same insurance policy would have to be continued. We shall deal further
on this subject, later paragraphs.
q. Increase in Ex-gratia Pre-1986 :
All of us aware that the Pension in terms of Pension Regulations, 1995
in terms of Pension Settlement dated 29.10.1993 was extended to those
who retired on or after 1.1.1986. Those who retired earlier were entitled
to Ex-gratia. Ex-gratia Basic for retirees was Rs.300/- plus Dearness
Relief thereon at 0.67% per slab over 600 points of CPI. Currently, the
Dearness Relief is at 948.05% for 1415 slabs. The total Ex-gratia payable
is Rs.3,668/-. Surviving Spouse of deceased Pre-1986 retirees are getting
50% of this amount at Rs.1,834/-.
However, Ex-gratia to Pre-1986 was being paid at Rs.300/- plus Dearness
Relief thereon. Surviving Spouse of deceased Pre-1986 retirees were
getting Rs.1,000/-. But, due to efforts of our Apex Organisation, All
India Bank Retirees Federation and All India Bank Employees’ Union,
Ex-gratia is revised to Rs.350/- and Rs.175/- plus Dearness Relief thereon
in respect of Pre-1986 Retirees and surviving spouses of deceased Pre-
1986 retirees, respectively.
Our Commune is also pursuing various other issues. We have not yet
achieved success. But, that does not mean that we have failed. We
are prepared to wait. Good things come to those who wait. We have to
wait with patience. We are aware that many a time, patience reduces
waiting time. Patience is not the ability to wait. But, it is the ability to
keep a good attitude while waiting. We are confident that many of
these issues would also be resolved, before merger with State Bank of
India.
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SBMPC - General Secretary Report
We have raised and pursuing following issues :
a. Notional addition of five years to those who retired under VRS/Exit
Policy :
Most of the retirees who retired during SBMVRS – 2001 are eagerly
waiting for this benefit which is extended in every other Bank, other
than Associate Banks of State Bank of India. It is also true that period
of 15 years is also completed from the date of retirement, during March,
2016. It is a very long painful wait. But, Rules, Systems and Procedures
at Supreme Court for early hearing have been prescribed and any
deviation is impermissible. Our cases have been filed in the year 2013.
Unfortunately, there are many cases which have been filed earlier have
not come up for hearing. Advocate engaged by our Commune, Shri
Rajappa is making every effort for early hearing of cases, within the
prescribed rules. They may have to wait for some more time. But,
with great pride, we would place before you the fact that number of our
cases in this regard form over 1% of pending cases in Hon’ble Supreme
Court.
The first batch of Special Leave Petitions have not yet been converted
to Civil Appeals, as we had filed caveat and our Advocate Shri Rajappa
ensured that this batch of petitions is not converted into Civil Appeals
(not admitted). Our Advocate has also undertaken to represent all
respondents. Therefore, there cannot be any delay on account of service
of notice. But, delay is on account of not bringing legal representatives
of deceased respondents on record by the Bank. We have also taken up
this issue with our Law Department to ensure early and suitable action.
But, our Commune is assiduously following up this issue outside the
Court also. We have submitted many representations, through Members
of Parliament. Through, Coordination Committee of Retirees’
Organisations in Associate Banks, we have taken up matter with
Corporate Centre of State Bank of India, several times. I have also
visited Corporate Centre and impressed upon the top executives
regarding necessity to pay this benefit. We have also brought several
judgments of Hon’ble Supreme Court, which cover this issue also.
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SBMPC - General Secretary Report
We also had a meeting with Mr.M M Dawla, Under Secretary, Dept. of
Financial Services and then Govt. of India representative on the Board of our
Bank, at his Office in New Delhi. We also brought to his notice stand of our
Bank before Hon’ble Supreme Court in Special Leave Petitions/Civil Appeals
filed that our Case and Vijaya Bank case are identical and Vijaya Bank has
since extended this benefit. We also brought to his notice that Allahabad
Bank case, which was tagged to Vijaya Bank Case was also dismissed by
Hon’ble Supreme Court, along with payment of interest at 9% from the date
of Judgment by High Court. It is also pertinent to note that this Judgment
also reiterated that our Bank issue also comes under the sweep of Judgment
in Mohandas’s case.
Our Apex organisation, All India Bank Retirees’ Federation also took up the
matter with State Bank of India, regarding this issue. Our Commune also
requested our Bank Management, whenever, there is any order of Hon’ble
Supreme Court, covering this issue.
The General Secretary of Associate Bank Officers’ Association, Shri
Harshavardhan Madhubashi also took up this issue, based on our
representation. We have appended a copy of the letter by Shri Harshavardhan
Madhubashi, in this regard.
Representations were handed over to the Chairman of State Bank of India,
whenever, they visited our Bank’s Head Office for attending Annual General
Meeting of our Bank.
This issue was also a part of issues raised by our Commune through mass
representation. Fortunately, other two issues, viz. Pension option to Exit
Policy/VRS 2001 retirees and Pension to pension optees retired under VRS –
2001, are extended without pursuing legal recourse.
But, this benefit is not extended. Perhaps, but for the adverse Judgments by
Division bench of Madras High Court and Single Judge Bench of Kerala High
Court, this benefit would have also been extended. Certainly, we are proud
to report that only our members coordinated by our Commune have succeeded
in Division Bench of a High Court and matter has reached Hon’ble Supreme
Court. It is also noteworthy that cost of Rs.10,000/- to each of the petitioner
was awarded by the Division Bench of Karnataka High Court.
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SBMPC - General Secretary Report
I had the opportunity to speak in the Annual General Meeting of our Bank
held on the 31st May, 2016. This issue was brought to the notice of the
Chairman, Directors of the Bank and other Share Holders present. We used
this occasion to plead for extension of this benefit, instead of demanding
this benefit. We are extremely pleased to inform you that our efforts have
created positive impact and well appreciated. The Chairman, while replying,
said that this issue would be dealt by the Managing Director of our Bank.
We have also handed over a representation to Smt.Arundathi Bhattacharya.
We are extremely happy to report that the information trickling in indicate
that this benefit would be extended in Associate Banks shortly. Perhaps, we
may hear positive information, anytime now.
Our continuous efforts have fructified. Certainly, our Commune’s efforts
deserve to be recognised.
b. Payment of Pension based on last 10 months pay drawn – 7th BPS
retirees :
Cases filed by members of our Commune, who retired between 1.4.1998
and 31.10.2002 include issue of non-payment of Pension based on
average of last ten months’ pay drawn. Pension of those who were
Provident Fund optees have received Commutation based on average
of last ten months Pay drawn. This has created discrimination. Those
who retired on the same day are divided into two groups. One has got
pension calculated correctly. But, other has not got Pension and
Commutation correctly.
Further, there is violation of Bipartite Settlement provision also in our
Bank, as far as this issue is concerned. Para 16 of the 7th Bipartite
Settlement clearly stipulates that payment of pension based on notional
pay which is aggregate of Pre-revised Pay and Dearness relief thereon
at 1616 points, provided relevant provisions of Bank Employees’ Pension
Regulations, 1995 are amended, duly incorporating these provisions.
Since, Pension Regulations in our Bank remain un-amended, the method
of calculation of Pension as provided in the para 16 of the Bipartite
Settlement is violation of Bipartite Settlement provisions.
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SBMPC - General Secretary Report
We are confident that this matter is settled early.
c. Payment of Gratuity and Pension by duly adding Temporary Service
rendered before confirmation :
Minimum service required to become eligible for Pension is Ten years
and it is five years of service to receive Gratuity. It is estimated that
there are more than 1,000 of our members who have worked on
Temporary basis for a very long period, before confirmation. There are
instances, where they have worked for two to three decades on
Temporary basis, before confirmation. They had served for more than
240 days every year during this period. But, many of such retirees have
served for a period less than ten years and in some cases, they have
served for a period less than five years also. Such retirees are not in
receipt of Pension and in many cases, Gratuity also. We have
represented to our Management to pay Gratuity and also Pension by
reckoning Temporary Service also, before confirmation.
We are confident that these benefits would be secured. A note prepared
by us and presented to Management is provided in Annexures.
d. Reduction of Commuted portion of Pension from the date of
retirement, instead of date of payment :
On account of increase in pension either on account of revision in Pay
or on account of decision of Courts or on account of error in calculation
of pension, commutation amount also goes up. Currently, every Bank is
reducing commuted amount of increased portion of Basic Pension from
the date of retirement, instead of reduction from the date of payment.
This is opposed to Regulation 56, read with Rule 6 (1) b, 6 (2) and 10(A)
of Central Civil Services (Commutation of Pension) Rules, 1981. This
reduction of commuted amount of increased portion of Basic Pension
could be allowed only from succeeding month of receipt of increased
portion by the retiree. Those who retired under VRS – 2001 after serving
over a period of 15 years, but less than 20 years, got their pension
along with arrears during April/May, 2016. By that time, period of 15
years was over and there was no amount to be reduced. Consequently,
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SBMPC - General Secretary Report
difference in Commutation payable and Commutation amountrecoverable was recovered from arrears of salary, without paying a rupeeof commutation. This has resulted in huge loss.
We have taken up this matter with our Bank management. We have notyet heard final word from the management. We would take this issueto the logical end.
Public Sector Banks, including our Bank is reducing commuted portionof increased Basic Pension from the date of payment as ‘Secondcommutation’, instead of reducing from the date of retirement, in respectof pensioners of Central and State Government. It is ironical that thisbenefit paid by Bank employees to Central/State Governmentpensioners, are deprived of this benefit.
e. Improvement in REMBS and another option :
We have been requesting for improvements in REMBS and another optionto left overs to become a member of the Scheme. Addition of ailments,payment of full amount of expenditure incurred without reducing VAT,ST, etc.. We have also requested for removal of per annum limits onvarious types of treatment. As reported earlier, we have succeeded inall other demands relating to REMBS, with an exception of extension ofanother option to become a member of the Scheme. We are pursuingthe matter and confident that another option would be extended, beforemerger takes place.
f. Extension of Pension option to those who could not take advantageof pension option, earlier :
We are requesting our Bank Management to extend another option tosome of the retirees, who could not opt for pension when option wasextended during 2010. There are many infirmities, in extending pensionoption. Based on various Judgments, we are seeking extension ofanother option to these retirees.
g. Continuing Staff Housing Loan, at concessional rates, in case theemployee retires, voluntarily :
Our Bank is allowing employees, including Officers to continue StaffHousing Loan till the age 70/75 years. But, we have receivedrepresentation from these retirees requesting for extension of continuing
staff Housing Loan at concessional rates.
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SBMPC - General Secretary Report
h. Pension/Pension option for those who are removed or discharged or
compulsorily Retired :
Regulation 22 of Bank Employees Pension Regulation provides for forfeiture
of entire service, if an employee is either discharged, removed or Compulsorily
retired from the Bank’s service.
But, paras 6(b) – removal from service, 6(d) – discharged from service, clearly
provide for clause ‘with superannuation benefits, i.e. Pension and/or
Provident Fund and Gratuity as would be due’. Based on this portion, Hon’ble
Supreme Court decided that those who have retired under Clause 6(b) or 6
(d) are entitled to Pension.
Dispute went upto Hon’ble Supreme Court. Judgement was delivered in
Bank of Baroda Vs LRs of S K Kool case allowing payment of pension to
those who were discharged or removed from service. The decision of Hon’ble
Supreme Court also went in favour of retirees in Bank of Baroda Vs Girish
Shukla.
Indian Banks Association did take cognizance of Judgement delivered in
Bank of Baroda Vs LRs of S K Kool and Bank of Baroda Vs Girish Shukla.
Thereafter, a Circular was issued by Indian Bank Association vide CIR/HR&IR/
KU/M1/1004 dated 30th June, 2012. This Circular also provide for amendment
to Regulation 22 regarding extension of pension to those who were either
discharged or removed from service. Those who were retired compulsorily
were getting pension, if they were pension optees.
Earlier, there was another decision by Hon’ble Supreme Court in Civil Appeal
No.2729/2006 and 4677/2010 dated 30th August 2011, which allowed
pension option to those who retired compulsorily prior to 1993.
Pension option was not extended during 2010 to those who have retired
Compulsorily and also under other modes of exit, such as Discharge, Removal
from Service, etc. There are various Judgments regarding granting Pension
to those who retired compulsorily.
Despite these decision and communication, Banks continue to deny pension/
pension option to those who are removed or discharged from service. In the
meantime, Andhra Pradesh High Court ordered extension of Pension option
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SBMPC - General Secretary Report
to those who retired compulsorily from Andhra Bank. Bank filed Special Leave
Petitions. Hon’ble Supreme Court dismissed SLP No.35389/2013 and 35449/
2013 of Andhra Bank Management against the orders of Andhra Pradesh
High Court. Andhra Bank Management filed review petition No. 2889 &
2994/2014 against the order, which were also dismissed. Thereafter, Andhra
Bank extended Pension Option to these retirees only. Several other Judgments
have been delivered by various High Courts, in favour of Bank Retirees, who
are retired compulsorily.
Our Commune took up this matter with our Bank Management. Our Law
Department has opined that Pension Option needs to be extended to those
who are retired compulsorily, in respect of our Award Staff only. We are
pursuing the matter.
i. Leave Encashment for Compulsorily Retired :
In many Banks, Leave Encashment is not being allowed in respect of those
who are retired compulsorily. Now, based on account of various Judgments,
Indian Banks’ Association issued circular vide HR&ir/76/H7/E9/755 dated
11th May, 2015, advising member Banks to pay Leave Encashment to those
Officers retired on or after 30.4.2015. We have requested our Bank
management to extend this benefit.
But, it is unacceptable to restrict Leave Encashment to those who retired
compulsorily only from 30.4.2015. We would initiate necessary action.
j. Continuing Staff Housing Loan beyond retirement & till the age 75 :
Associate Banks decided to extend tenure of Housing Loans of Officers till
75 years of age as decided in the Joint Meeting with Officers held on the
21st December, 2014. It was also decided that Associate Banks would also
dispense the system of keeping monies as ‘matching deposits’. But, Housing
Loan tenure for those who belong to Award category is restricted to 70
years and they need to continue to deposit amounts in Fixed Deposits.
But, our Bank would say that twin benefits of extension of Housing Loan till
the age 75/70 and not maintaining matching deposits are not available to
those who retire on modes other than superannuation. But, Staff Circular
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SBMPC - General Secretary Report
No.80/2014 – 15 dated 31.03.2015 clearly provides for both extension of
repayment period upto age 75 and also dispensing of ‘matching deposits’
subject to certain conditions for ‘retired officers’. This Circular does not
specify whether this is applicable to those who are retired before or later.
Further, the circular is silent as to mode of exit. Still, this benefit is being
denied. This requires re-examination and clarification with regard to both
these aspects.
Dr.Lakshmisha wins Aryabhata International Award :
The award is instituted to honour those achievers in recognition of their creative
and constructive work and in appreciation of their accomplishments in their
respective and chosen field of service. The Aryabhata International award is
given to the people who have excelled in various fields like Banking, Industry,
Art, Science, Music and Entertainment. Every year Aryabhata Institution identifies
the achievers from all over the world. This year our member and Director of our
Bank, Dr.K Lakshmisha has been awarded with Aryabhata International Award
for his contribution to Banking. He is the first from Mysore Bank family to
receive this award. Members of State Bank of Mysore Pensioners’ Commune
congratulate Dr.K Lakshmisha on receipt of this Award. Dr.K Lakshmisha, you
have made each one of Mysore Bank family, proud.
Meeting of Retirees residing at Chennai on Sunday, the 15th December, 2013
Meeting of our Bank Retirees residing at Chennai was held on Sunday, the 15th
December, 2013 at Canara Bank Employees’ Union Auditorium “A.K.Nayak Bhavan”,
2nd Floor, 14, Second Line Beach, CHENNAI - 600 001. Over 60 of members residing
at Chennai attended this meeting. Shri S V Srinivasan, Deputy General Secretary of
AIBRF addressed our members. We crave for arranging such meetings at Chennai
also, in the near future.
Meeting of retirees staying at Hyderabad-Secunderabad.
Meeting of our Bank retirees who are staying at Hyderabad-Secunderabad was
held on Sunday, the 30th November, 2014 at the Grand Solitaire Hotel, Secunderabad.
More than 25 of about 35 retirees who are residing at Hyderabad-Secunderabad
attended the meeting. Members were updated about issues taken up by our
Commune, various developments, etc. We are thankful to Shri Changalaraya, who
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SBMPC - General Secretary Report
retired as Chief Manager on that day, for hosting this meeting. Shri Changalaraya is
the Special invitee to our Central Committee meeting.
Our Apex Organisation, All India Bank Retirees’ Federation :
Pension Settlement/Joint Note dated 24-10-1993 is a product of collective bargaining
on account of protracted struggle paving the way for its introduction. Thus Pension
Scheme was introduced in banking industry on 29.09.1995. It baptized the bank
retirees as pensioners irrespective of their past designations & restored their links
with bank as pensioners. This landmark achievement in the history of bank employees
as well as bank retirees necessitated organising bank retirees for redressal of their
legitimate grievances and eventual improvement in pensionary benefits. The difficult
task of organising bank retirees across the country was initiated by none other than
the Founder General Secretary of All India Bank Employees’ Association, Late Com.
Romesh Chander Chakraborty along with Sri T.M.Mathews and other bank retirees
with the objective of forming an inclusive all-cadre national organisation of bank
retirees. It is a historical coincidence that the national organisation of bank retirees
– ALL INDIA BANK RETIREES’ FEDERATION was born on 1st May in 1994 at
Ahmedabad.
The founders of bank employees’ movement always cherished a dream of a single
united organisation of bank employees – Officers and Workmen under one banner.
The dream could not become reality due to Pillai Committee, legal discrimination
and fragmentation of Trade Unions on political ideologies. But, in respect of retired
bank employees, there is no conflict of interest amongst retirees. Bank Employees’
Pension Regulations treat all bank retirees irrespective of past designation in the
bank as a retiree without any discrimination. The formation of AIBRF gave fillip to
organising bank retirees throughout the country and bank wise organization at State
and all India level were formed in majority of banks – both in public sector and
private sector. AIBRF and its units have played major role in bringing the issue of
another option for pension to PF retirees also in the discussion with IBA/Govt and in
the Parliamentary Standing Committee on Personnel & Public Grievances, Law &
Justice.
Shri D AMasdekar of Union Bank of India is the Chairman, Shri S.M.Deshpande of
Central Bank of India is the President and Shri S C Jain, who is amongst us today is
the Secretary of AIBRF. Shri S C Jain retired from Bank of India as General Manager.
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SBMPC - General Secretary Report
‘We shall make our own way’ and ‘We shall achieve’ are the slogans adopted at 3rd
Triennial Conference held at Kolkata from 1st to 3rd March, 2012 and at 4th Triennial
Conference held at Thrissur from 26th to 28th November, 2015respectively. Between
these two conferences and thereafter, true to these slogans, our Apex organisation
undertook various agitation programs. We are very proud of our Commune’s
association with our Apex Organisation, All India Bank Retirees Federation.
Our All India Bank Retirees’ Federation has 21 years of experience. Over 1.50 lakh
members representing 44 Banks forms its strength. Former Senior Executives to
Former Bank Trade Union leaders guide our AIBRF. Our Apex organisation is not
affiliated to any Bank Employees’ or Officers’ Organisation. We are independent.
There is no conflict of interest. Our organisation is like an Ocean. Affiliates are like
rivers. We all join this great organisation, called All India Bank Retirees’ Federation.
General Secretary’s Report of 22nd Conference of All India Bank Employees
Association held at Jaipur between 19th to 22nd March, 1994 has a reference to
our Apex Organisation, AIBRF. Relevant portion is extracted, hereunder :
265. With the Pension becoming a regular service condition in Banking
Industry, there is a sizable number of pensioners today. This number
will go on increasing as more and more people will retire.
Implementation of Pension Scheme in respect of such retirees, solving
their problems, taking care of various difficulties in respect of
calculations, commutation of pension, family pension, etc., etc., will
call for continuous attention. Hence, an organisation is required for
the purpose. Our Central Committee has decided that appropriate
steps by our Unions, should be taken for formation of an All India
Retirees’ Association, covering employees of all categories, and
without any affiliation to us. It will be unfortunate if the present day
organisational differences on account of multiplicity of unions are
extended to the retirees’ unions. Such Unions should be formulated
on Bankwise basis as well as All - India level. At the moment there is
All India Bank Retirees’ Federation headed by Com.Ramesh Chandra
Chakraborti, our first General Secretary. There is another All India
Retirees’ Organisation in Kerala. Our CC directed our Kerala State
Organisation to bring up rapproachment so that only one union
remains in the field. Unfortunately, their efforts did not yield the
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SBMPC - General Secretary Report
desired result. In this situation we must make our position clear. Having
regard to all facts, I submit that ‘All India Bank Retirees’ Federation
headed by Com.Ramesh Chandra Chakraborti should be extended
all-out help, assistance and encouragement by us on All-India level.
Under this umbrella, Bankwise organisations also should be set up. It
is necessary to reiterate that these retirees, unions shall not be.
affiliates of AlBEA. Neither any of the AlBEA Office-bearer or leaders
, retired or not, should hold any post in any such organisation. It
should remain independent of inter-union rivalry. Our duty is to extend
them full support in the interest of proper implementation of Pension
Scheme for the benefit of retired employees.
All India Bank Retirees’ Federation continues to remain independent and has many
leaders who were Office Bearers of industry level organisations.
Some of the agitation programs and various events organised by our Apex
Organisation, AIBRF during the period from 1.10.2012 till 16.9.2016 are :
a. Success in Madras High Court in respect of 100% DA neutralisation –
Members of various affiliates of AIBRF are the petitioners ;
b. General Secretary of our Apex Organisation, Shri S C Jain was invited to
speak in 27th National Conference of AIBEA at Kochi ;
c. General Secretary, Shri S C Jain also had a meeting with officials of
Department of Financial Services on the 6th February, 2013. He raised
the several issues including Discussion of retirees issues with Bank
Retirees’ organisations, Improvement in Ex-gratia payable to Pre-1986
retirees, Uniform allocation of funds for the welfare of Bank Retirees
out of Staff Welfare Fund, Extension of five years benefit under
Regulation 29(5) to Vijaya Bank, Allahabad Bank and Associate Banks
of SBI and filing appeals against decision of lower courts.
d. Letter from Dept. of Financial Services to Indian Banks Association to
hold discussion with retirees, vide 10/30/IG/2013-IR dated
11.06.2013.This is on account of persuasion of the General Secretary
by meeting DFS officials twice
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e. Took matter with then Finance Minister, Shri P Chidambaram during
October, 2013 ;
f. Massive Dharna at Jantar Mantar, New Delhi on the 7th March, 2013.
Number of retirees participated exceeded 4,000. This program was
addressed by Shri Gurdas Dasguptha, Shri D Raja, Shri C H
Venkatachalam, among others. 26 members of our Commune
Participated in this program ;
g. Letter to Shri Narendra Modi on his election as Prime Minister and also
drawing his attention to Bank Retirees’ problems ;
h. Meeting Officials of Department of Financial Services on the 17.11.2014
and drawing Bank Retirees’ problems ;
i. To achieve success by concluding negotiation, UFBU launched various
agitation programs. AIBRF supported and joined in every agitation
program, leading to signing of Bipartite Settlement.
j. A memorandum dated 18.3.2015was also submitted to UFBU leadership
on proposed Medical Insurance to Bank retirees.
k. Took up matter relating to submission of Life Certificate by Bank
Pensioners
l. A memorandum was submitted to the Hon’ble Finance Minister on the
13th May, 2015 regarding Bank Pensioners’ issue.
m. Strongly worded letter expressing disappointment and displeasure was
sent to the Convenor, UFBU – A copy of which was already circulated
among members of our Commune ;
n. Bipartite Settlement and Record note were signed on the 25th May,
2015. For members of AIBRF, it was a Protest Day. Demonstrations
were also held on that day at Azad Maidan, Mumbai.
o. Memorandums were submitted to Chairmen of local chapters of IBA
and also to Chairmen of Public Sector Banks ;
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p. Individual letters were sent by members of affiliates of AIBRF to the
Secretary, Dept. of Financial Services. Over 3500 letters were also sent
by members of our Commune ;
q. Issue of non-payment of Domiciliary Treatment expenses and corporate
buffer was also taken up with Indian Banks Association ;
r. Launching of various action programs starting from Mumbai, during
January, 2016 at Mumbai and later at all Major centres ;
s. Meeting of Parliamentary Committee on Personnel, Public Grievances,
Law and Justice held on the 8th February, 2016 at Delhi, was attended
by Dr B Ramji and Shri A Chandramouli, General Secretary and President
of IOB Retirees’ Association, representing AIBRF. They submitted a
memorandum requesting resolution of Bank Retirees’ issues ;
t. All these efforts started yielding results. IBA wrote letters to member
Banks regarding establishment and functioning of Grievance Cell. IBA
commenced correspondence with AIBRF ;
u. Demand’s day was observed throughout the Country on the 25th May,
2016. Resolutions were passed in the Protest Meetings held throughout
the Country
v. Responding to the call of AIBRF, over 25,000 online representations
were sent to Hon’ble Prime Minister by members of affiliates of AIBRF.
Over, 400 of our members have submitted online representations.
w. By middle of June, memorandum was submitted to 37 Members of
Parliament, including Speaker of Lok Sabha, Deputy Speaker of Rajya
Sabha and four Central Ministers. Our members from Tumkur submitted
representation to Smt. Maneka Gandhi ;
Above list is abridged and only some and important developments/programs/efforts
have been listed, above. Every member of our Commune salute efforts of
Shri S C Jain, the General Secretary of All India Bank Retirees’ Federation in planning
and execution of action programs. We are proud of our Apex Organisation, AIBRF.
All these efforts are to secure benefits, including the following to Banks’ Retirees’
Community:
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a. Updation of Pension ;
b. Improvement in Family Pension ;
c. Uniform DA ;
d. Uniform Health Insurance ;
e. Pension optionto left overs
Napolean Hill has stated that Strength and growth come only through continuous
effort and struggle. Therefore, we should all join and strengthen the movement
lead by our Apex Organisation by All India Bank Retirees’ Federation, by our
participation. Though these issues have to be settled at National level and we
have our Apex Organisation, doing wonderful job, we feel that our members should
have insight in to each of these aspects.
Many of Bank retirees are agitated and may feel that there is delay in delivery of
these benefits. Many may also feel that Retirees’ organisations need to do more.
It is natural to have that kind of a feeling because recent introduction of ‘One Rank
One Pension’ for Defence Pensioners and Implementation of 7th Pay Commission
Report.
Naturally, Bank retirees tend to compare improvement of Pension of Central Govt.
Pensioners, with that of themselves. Unfortunately, situations are incomparable.
It is also pertinent to note that there are many PSUs, fully owned by Govt. of India,
where pension benefit is not extended, at all. Whereas, Pension in Banks was
introduced only through Settlement signed on the 29th October, 1993. Therefore,
Pension Scheme of Bank Retirees is in infancy. It is just 22 years old.
But.Improvement in Pension and Pay Commissions in India has history of over 70
years, dating back to Pre-independence era. The first Pay Commission improved
pension during the year 1946-47. But, updation of pension was unheard off till
early 80s. Intelligent and person with a foresight, Shri D S Nakara has changed
everything. Now, Pension of Central Govt. Pensioners are being updated based on
the Judgment of Constitution Bench of Hon’ble Supreme Court on the 17th December,
1982. This day is celebrated as ‘Pensioners’ Day’ throughout the country by
Pensioners. This Judgement disallowed division of retirees. This Judgment also
emphasised and propounded that ‘Pension is not gratis’. We have adopted this
Judgment in thousands of cases involving Pensioners for securing or improving
Pension benefits.
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Unfortunately, omnibus application of this ‘law’ to our Bank pension is not available.
This is because, Bank Employees’ Pension has not been improved so far. Still,
pension paid to those who retire during later years is far higher, when compared to
the Pension being paid to those who retired earlier. It is not because of improvement
in pension, but because of improvement in salary. Therefore, these judgements
have no application to Bank Employees’ Pension.It is also important to note that
Bank Retirees’ Writ Appeals for updation of Pension before Rajasthan High Court
are dismissed and matter is pending before Hon’ble Supreme Court. Therefore,
Bank Retirees have reached Supreme Court as Petitioners, who have lost case in a
High Court. Therefore, our members are requested not to overwhelmed by decisions
of Courts concerning Central Government Pensioners. Perhaps, if more than 90 –
95% of Bank employees were to opt for pension during 1993 – 1995/96, updation of
pension would have been easier to achieve, than the situation prevalent today.
Pension of Central Government is out of Consolidated Fund of India through Budget
allocation. No provision is required to be made for payment of future pension. But,
increase in Pension, including that of Dearness Relief every half year of Public
Sector Bank involves additional provision and transfer of such provision to a separate
Trust for payment of such pension to Bank pensioners till last pensioner/family
pensioner is alive, even if the Bank is liquidated. In respect of Private Sector Banks,
annuities have to be bought from LIC of India. We have already published an article
on Pension Funds in Banks in our earlier issue of Mysore Bank Shathayu.
‘One Rank One Pension’ is another issue in the limelight recently. This demand is
in existence from early eighties. Problem faced by Defence Personnel is different
from that of other Retirees/Pensioners. There is concept of Compulsory Retirement
to keep Armed Forces young. The age at which these personnel retire is : 35 -37
years for Sepoys, 45 – 47 years for JCOs, and Major, Lt Col, Col-, Brig, Maj Gen, Lt
Gen, General at the age of 50, 52, 54,56, 58, 60 and 62 years respectively. Therefore,
their service is shortened. This situation is not in existence in Banks and Central
Govt. This demand found place in Manifestos of Political Parties. They are also in
substantial numbers in various parliamentary constituencies and can be decisive in
many constituencies. But, these Pensioners could not achieve this benefit legally.
It was only through agitation and sustained action programs spread over three
decades.
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Above instances also provide us the insight into the difficulties and journeys of
these struggles. One was secured through Judicial intervention and other through
struggles. We are at a disadvantageous position in several ways. It is not as easy
as we believe. Therefore, we need to work hard, struggle and pursue longer. This
does not mean that it is impossible to achieve updation of pension. There is a
saying by Winston Churchill, that Continuous effort - not strength or intelligence -
is the key to unlocking our potential. Persuasion and perseverance would ensure
success. We have the leadership of Shri S C Jain, General Secretary and Shri
Deshpande, the President of AIBRF. We are confident that we would achieve success.
We have made efforts to calculate the possible quantum of load in case updation
of pension takes place. Our calculations reveal that approximate pension payment
to Bank retirees in PSBs during the year 2012 – 13 is Rs.6,500/- Crores. We have
considered the figures of 2012 – 13, as 10thBipartite period covers those who retired
on or after 1.11.2012. Payment of pension benefit to those who retired from
1.11.2012 to 31.3.2013 forms buffer, for calculation purposes. This amount of
Rs.6,500/- Crores also include payment of Commutation. Therefore, this amount is
on higher side. For Actuarial valuation the rate of return is assumed at 8%. 10%
increase in pension results in additional outgo of Rs.650/- Crores, per annum. To
secure returns to the extent of Rs.650/- Crores per annum out of perpetual annuity
with 8% per annum returns, provision required is at Rs.8,125/- Crores. This could
be the maximum amount required as provisions are not made based on perpetual
annuity. Perpetual annuity means payment of annuity forever. But, amount provided
is based on regular annuity, which after a specified time, payment ends. In case,
this amount is amortised for 6 years, each year all PSBs together have to provide
for Rs.1,350/- Crores. In all probability, total payment of Group Medical Insurance
premium to be paid by these Banks would be more than Rs.1,350/-, next year. Which
also means, updation is possible and the figures quoted by Indian Banks Association
is far higher.
Extension of 100% Dearness Relief for the entire quantum of Basic Pension for Pre-
2002 retirees is one of the issues engaging attention of leaders of Bank Retirees’
movement. Our Commune feels that this is a settled matter and Pension Settlement
dated 29.10.1993 clearly provides for calculation of Dearness Relief based on
Reserve Bank of India DA formula. But, it is unfortunate that Indian Banks’
Association is attempting to estimate/calculate the load of extension of this benefit
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SBMPC - General Secretary Report
and treat this as a new benefit. This is incorrect and improvement cannot be out of
a separate settlement, but by implementing existing provisions of Bipartite
Settlement.
The clause 6 of Pension Settlement dated 29.10.1993 is extracted, hereunder :
6. Dearness relief to pensioners will be granted at such rates as may
be determined from time to time in line with the dearness allowance
formula in operation in Reserve Bank of India.
Additionally, Memorandum of Settlement dated 10/11/1997 also reiterated that the
Reserve Bank of India Pension Regulations form bedrock for payment of Pension in
Banks. Since, Reserve Bank of India has extended the benefit of Dearness Relief on
entire Basic Pension with 100% neutralisation, Bank Retirees are also entitled to
receive Pension with Dearness Relief duly neutralising Dearness Relief to the extent
of 100%. We suggest and request for demand of this benefit as a ‘implementation
of provisions of Pension Settlement dated 29.10.1993 read with clause 3 of
Memorandum of Settlement dated 10/11/1997.
It is unfortunate that both UFBU and IBA are treating this benefit as ‘New Benefit’.
But, Civil Appeal filed by members of several affiliates who had filed Writ Petitions
before Madras High Court, is pending before Hon’ble Supreme Court. Retirees
from Kolkata have also succeeded before Single Judge Bench of Kolkata High Court.
The significance of this Judgment is that it validates our opinion on 100% Dearness
Relief issue.
Family Pension in Banks is abysmally low. Though, Reserve Bank of India and
Government of India are paying Family Pension at the highest rate of 30% of last
month’s Pay of the deceased employee/retiree, the maximum rate in Banks is 15%.
There is also a ceiling on Basic Family Pension. Family pension table is provided in
the annexure. One can see maximum family pension payable in the Banking industry
in respect of employee/retiree who would have attained the age of 65 years, is
Rs.13,509/-. In case, Family Pensioner is entitled to twice the family pension, then
it is Rs.27,018/-. These amounts are fraction of Pension paid. Increased cost of
living and medical expenditure making Family Pension grossly insufficient to match
standard of life normally expected.
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We have covered details of Medical Insurance, in detail in later of this report.
It is unfortunate that some of our friends among Bank retirees community are
deprived of pension. Those who resigned and compulsorily retired are deprived of
Pension. We are aware that every Management, including Bank Managements,
would like to minimise funds outgo. They would like to reduce expenditure. They,
often forget that Pension provides Social Security and it is the duty of the employer
to take care of former employees during their autumn years. We feel that taking
care of its former employees should also be a part of Corporate Social Responsibility.
It is unfortunate that Bank Managements forget this aspect and find reasons to
deny rather than finding reasons to give. One such example is denial of pension/
pension option to those who resigned from service. Most of them resigned because
there was no other mode to exit. There is no provision to ‘Retire’ in Awards and
Settlements for those belonging to Award Staff. Retirement after completion of 20
years of service required to be covered under provisions of Regulation 29 is not
enough for Officers of Associate Banks. They require at least 25 years of service, if
they have to retire under Regulation 19(1) of Officers’ Service Regulations, 1979.
Regulation 22 provides for forfeiture of entire service in the event of resignation.
Unfortunately, an employee who resigns after serving over 20 years is not entitled
to pension. But, one who has served for ten years or more, but discharged on
account of his acts of omission and commission is entitled to pension. Legally,
case is pending before three Judge Bench of Hon’ble Supreme Court on account of
contradictory judgements. Our Apex organisation is also taking up this issue.
It is a very long drawn battle for retirees to secure above benefits. Our Apex
organisation is strong and vibrant enough to carry forward the battle till they are
secured. We are aware that
Our Commune is affiliated to All India Bank Retirees’ Federation since 2012. First
Conference where delegates of our Commune participated was in the Conference
held at Kokata during 2nd March, 2012 and 4th March, 2012. Myself, our Vice
President, Shri K N Srinivasa Rao and Shri Ramaiah, our Committee member attended
this conference. Now, we have realised the importance of attending conferences
of AIBRF. One of the major events in any organisation is periodical General Body
meeting/Delegate Session. Like this General Body meeting, AIBRF Conference
held at Thrissur, Kerala on 26th to 28th November, 2015. 25 delegates representing
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our Commune, came back with loads and loads of knowledge, experience and sweet
memories. Events like this recharge energy to continue the fight. Over 1500 Bank
retirees-delegates from all over the country congregated. They presented, discussed,
debated and decided various issues confronting Bank Retirees in the Country.