There is a series of questions every now and then being raised by the readers, certain of them being of vital importance. It is not possible to answer every question but the ones that concern the pending issues of pension in different courts of Law are essentially replied by our experts with a view to clearing the confusion in the minds of the readers. One such question raised by Sujoy Kumar Ghosh is elaborately replied by K. R. Saini covering various angles including fitment formula. The question raised as a comment by Sujoy Kumar Ghosh is important and so is its reply, hence quoted below for the information of the readers in general and the pensioners in particular:
Question comment by Sujoy Kumar Ghosh:
Mr.Saini-W.P(C)1931/2002-Prem Vati Bagga& others vs UOI & others.-What do the 5th.& 6th. BP say about calculation of pension on last 12 months salary? If it is the same as the 7th.BP where Jaipuriar has got an order on his pleadings is it not possible for the petitioners in this case as well to plead accordingly? has this aspect been examined ?.
Reply (in two parts) by K.R. Saini:
-
kINDLY NOTE THAT IN STATE BANK OF INDIA,PENSION IS TO BE CALCULATED ON THE BASIS OF AVERAGE MONTHLY SUBSTANTIVE SALARY DRAWN DURING THE LAST 12 MONTHS PENSIONABLE SERVICE AND THIS HOLDS TRUE FOR ALL THE PENSIONERS OF S.B.I FROM THE YEAR 1986EXCEPT FOR THE 7TH BIPARTITE RETIREES WHERE FOR THE PURPOSE OF CALCULATION OF PENSION,PAY SCALE AS PER 6TH BIPARTITE SETTLEMENT ARE TAKEN INTO ACCOUNT BUT THEY WERE DRAWING SALARY IN THE SCALES OF 7TH BIPARTITE SETTLEMENT AT THE TIME OF THEIR RETIREMENT(S).
IN THE CASE OF 5TH BIPARTITE WHICH STARTS FROM 1.11.1987 TO31.10.1992,CALCULATION FORMULA FOR PENSION IS 50% MAXIMUM RS2400/ WHICH IS FROM 1.1.1986 AFTER THE SUPREME COURT JUDGEMENT AND GOVERNMENT DID NOT REVISED THE PENSION FORMULA FOR 5TH BIPARTITE RETIREES HOWEVER SCALES/GRADES REVISED W.E.F 1.11.1987.IN THE CASE OF 6TH BIPARTITE RETIREES FORMULA WAS 50% MAXIMUM RS4250/ W.E.F 1.111993 AND AFTERWAEDS FORMULA IS 50%.40%W.E.F 1.3.1999.
W.P(C)1931/2002 REGARDING PREM VATI BAGGA &OTHERS V/S U.O.I& OTHERS WAS FILED BY 6 PENSIONERS AND 1 FAMILY PENSIONER RETIRED BEFORE 1.11.1993. -
DEAR SIRS, IN OTHER BANKS PENSION TO 7TH BIPARTITE RETIREES WERE BEING PAID AS PER CLAUSE 16 OF 7TH BIPARTITE SETTLEMENT
CLUSE 16 OF 7TH BIPARTITE SETTLEMENT—-PAYMENT OF PENSION.
”IN RELATION TO AN EMPLOYEE WHO RETIRES OR DIES WHILE IN SERVICE OR AFTER 1ST DAY OF APRIL,1998’PAY’ FOR PUPOSE OF PENSION SHALL BE THE AGGREGATE OF THE PAY DRAWN BY MEMBER OF THE AWARD STAFF IN TERMS OF 6TH BIPARTITE SETTLEMENTDATED THE 14TH FEBRUARY,1995 AND THE DEARNESS ALLOWANCE THEREON CALCULATED UPTO INDEX NUMBER 1616 POINTS IN ALL INDIA CONSUMER PRICE INDEX FOR INDUSTRIAL WORKERS IN THE SERIES 1960=100.THIS SHALL BE SUBJECT TO THE NECESSARY AMENDMENTS TO BE MADE TO THE RELEVANT PROVISIONS OF BANK(EMPLOYEES) PENSION REGULATIONS 1995.”
IN OTHER BANKS PENSIONFORMULA IS PENSION BEING PAID ON THE LAST 10 MONTHS AVERAGE SALAY AND @ 50% TO ALL PENSIONERS WITH 33YEARS PENSIONABLE SERVICE W.E.F 1.1.1986 AND REGULATIONS 1995 FOR OTHER BANKS ONLY NOT FOR S.B.I
THIS ABOVE NOTED ANOMALY HAS BEEN REMOVED IN THE 8TH BIPARTITE SETTLEMENT AND NOW ALL THE EMPLOYEES OF OTHER BANKS IN REGARD TO 7TH BIPARTITE RETIREES ARE GETTING PENSION ON THE LAST 10 MONTHS AVEAGE SALARY W.E.F 1.5.2005 BUT SBI EMPLOYEES ARE STILL GETTING PENSION ON THE BASIS OF 6TH BIPARTITE PAY SCALES AND DEARNESS ALLOWANCE THEREON CALCULATED UPTO INDEX NUMBER 1148 POINTS IN ALL INDIA CONSUMER PRICE INDEX FOR INDUSTRIAL WORKER IN THE SERIES 1960=100(DEARNESS ALOWANCE FOR SBI EMPLOYEES ONLY FOR OTHER BANKS IT IS ABOVE 1684POINTS.)
Avenues:>Muchbeyondhorizon 
WITH THE ADVENT OF BIPARTITE SYSTEM IN BANKING INDUSTRY,THERE WAS A SUBSTANTIAL INCREASE IN BASIC PAY OF EMPLOYEES AND OFFICERS.HOWEVER,THE PENSION CEILINGS REMAINED CONSTANT AT RS 750/ AND RS1000/,WHICH RESULTED IN EROSION OF CONCEPT OF 50% OF PAY.MANY SENIOR OFFICER S STARTED DRAWING PENSION MUCH LESS THAN50% OF LAST DRAWN PAY.THIS CREATED MUCH HEART-BURN.THE PENSIONERS’ ASSOCIATION DELHI CIRCLE APPROACHED THE HON’BLE SUPREME COURT FOR RELIEF,WHICH AFTER HEARING THE PETITIONERS GAVE A DIRECTION ON 23.02.1989 TO THE BANK TO ENHANCE THE PENSION CEILING TO RS2400/ P.M W.E.F 1.1.1986.IT IS PERTNENT TO NOTE THAT WHEN SALARY SCALES WERE CONSTRUCTED AT332 POINTS CPI,THE MAXIMUM BASIC PAY OF SENIOR MOST EXECUTIVE (DEPUTY MANAGING DIRECTOR) WAS RS4800/P.M THE COURT UPHELD THE CONCEPT OF 50% OF BASIC PAY AS PENSION UPTO THE LEVEL OF DY.MANAGING DIRECTOR.
K.R.SAINI
LikeLike
5th bipartite
SUBSEQUENTLY ,WHEN SALARYVREVISION TOOK PLACE W.E.F 1.11.1987,BASED ON MERGER OF600 POINTS OF CPI, THE SPIRIT OF HON’BLE SUPREME COURT SHOULD HAVE BEEN KEPT IN MIND AND PENSION CEILINGS SHOULD HAVE BEEN RAISED TO RS4250/ P.M WHICH WAS 50% OF THE HIGHEST BASIC PAY OF SENIORMOST EXECUTIVE OF THE BANK.UNFORTUNATELY,THE PENSION CEILING WAS NOT REVISED THOUGH A PROPOSAL WAS PUT UPTO THE GOVERNMENT.THIS IS THE HISTORY OF 5TH BIPARTITE RETIREES AND THEY ARE SUFFERING FOR THE LAST 27YEARS LIKE 7TH BIPARTITE RETIREES WHO ARE SUFFERING FOR THE LAST 17 YEARS.
K.R.SAINI
LikeLike
6th bipartite & 7th bipartite
IN THE NEXT WAGE REVISION WITH MERGER OF 1148 POINTS OF CPI WHICH WAS EFFECTIVE FROM 1.11.1992,THE PENSION CEILING WERE REVISED WITHOUT TAKING INTO ACCOUNT THEVACTUAL SALARY SCALES DRWN BY OFFICERS.THE HIGHEST BASIC PAY OF EXECUTIVE WAS AT RS14800/ P.M.THE METHODLOGY ADOPTED WAS MERGER OF 548 POINTS TO THEBASIC PAY OF RS2400/WHICH WAS HIGHLY UNSCIENTIFIC raised the pension ceiling from RS2400/ toRs4250/ w.e.f 1.11.1993RESULTING IN EROSION OF PENSION PAYABLE TO OFFICERS.EVEN SENIOR MOST OFFICER WITH RS9200/-AS MAXIMUM BASIC PAY WAS DRAWINGPENSION LESS THANB50% OF BASIC PAY.THIS HAS RESULTED IN FURTHER REDUCTION IN BASIC PENSION FROM 50% TO 28.71%.
IN VIEW OFTHE FACT THAT SENIOR EXECUTIVES WERE DRAWING MUCH LESSER PENSION,A LEGAL NOTICE WAS SERVED ON BANK/GOVERNMENT/RBI.THEREFORE IN FEBRUARY 1999,GOVERNMENT BROUGHT A CONCEPT OF 50%/40% OF THE LAST DRAWN BASIC PAY OVER AND ABOVE RS8500/ BASIC PAY WITH MINIMUM OFRS4250/P.M WHICH CEILING IS CONTINUING TILL TODAY ON THE 7TH BIPARTITE RETIREES ALSO.
K.R.SAINI
LikeLike
W.P (C) 1931/2002 REGARDING PREM VATI BAGGA AND OTHERS V/S UNION OF INDIA & OTHERS.
THIS COURT CASE WASFILED IN FEBRUARY 2002 BY SIX PENSIONERS AND ONE FAMILY PENSIONER ALL THE PETITIONERS RETIRED BEFORE 1.11.1993 NOT A SINGLE PETITIONER OF 7TH BIPARTITE SETTLEMENT ALL THEVPETITIONERS RELATE TO5TH OR 6TH BIPARTITEVSETTLEMENTS.
AND THIS CASE IS FILED BEFORE A SINGLE JUDGE AND GIST OF VPRAYERS ARE THAT PENSION SHOULD BE PAID AT50% VAND FAMILY PENSION AT 30% AS IN THE CASE OF CENTRAL GOVERNMENT EMPLOYEES AND D.A ON BASIC PENSION SHOULD BE 100% D.A NEUTRALIZATION.THIS CASE IS PENDING BEFORE A SINGLE JUDGE OF DELHI HIGH COURT ANDVNEXTDATE OF HEARING IS 14.05.2015.
K.R.SAINI P.S ALTHOUGH ALL THE PETITIONERS ARE GETTING PENSION ONTHE BASIS OF LAST
LikeLike
12 MONTHS AVERAGE SALARY BUT MAXIMUM RS2400/ THEY WANT PENSION @ 50% K.R.SAINI
LikeLike
Shall be glad to hear d outcome of Delhi Hivh Court case 1875 of 2013 posted for 6/5/2015
LikeLike
IN RESPONSE TO SHRI RAMESH NEELAKANTAN ,THE APPLICATION OF THE PETITIONERS(FEDERATION ) FOR CONTESTING THE CASE NOW ON STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS–2014 BUT NOT ON STATE BANK OF INDIA EMPLOYEES PENSION FUND RULES–1955 AND THIS PLEA HAS BEEN ACCEPTED BY THE COURT ONTHE HEARING OF 6.05.2015 BUT ARGUMENTS NOT STARTED AND DETAILS AWAITED .
K.R.SAINI
LikeLike
Sainiji thanks
LikeLike
Very well elaborated.
LikeLike
THANKS FOR THE COMPLIMENTS.K.R.SAINI
LikeLike
JUST SO EXCELLENT SIR. OUR THANKS ALSO TO SHRI SAINI JI WITH RESPECT AND REGARDS FOR HIM.
LikeLike
Respected Sir
Now we are fully hopeful that our victory are nearest .We salute you and Mr.Saini for your hardship and struggle.
LikeLike
SHRI AWADHESH,THANKS FOR YOUR GOOD WISHES AND I ALWAYS AT YOUR DISPOSAL .
K.R SAINI
LikeLike
Respected Sir
Can anomalies in pension of S.B.I.which is shown in every bipartite settlement as written by Sri K.R.Saini be removed in the court? If it will be done or a decision will be taken by the court like this then the position of pensioners of s.b.i. will be better.and credit will go to garland to the guardians of the pensioners of S.B.I.to you and Sri K.R.Saini..
LikeLike
IN RESPONSE TO SHRI AWADHESH WRITE UP DATED 11TH MAY,2015 ,I HAVE TO ADVISE THAT ANOMALIES IN PENSION OF S.BI CAN BE REMOVED IF GOVERNMENT OF INDIA AGREES TO REMOVE THE ANOMALIES OR THERE WILL BE VERDICT BY THE APEX COURT(SUPREME COURT) IN FAVOUR OFS.B.I PENSIONERS.AND WE BOTH ARE DOING OUR DUTY FOR THE WELFARE OF S.B.I PENSIONERS.LET US HOPE FOR THE BEST.
K.R.SAINI
LikeLike
In social media it is seen that our case no 1875 of 2013 has not taken for hearing today ( 19/05/2015 ) & further it is stated that our case in Delhi High Court will resume only after d vaccation ie 29/06/2015 an d next date of hearing will decide then only
LikeLike
[image: Image result for my sincere thanks]
LikeLike
THANKS FOR MEANING FUL INFORMATION.
K.R.SAINI
LikeLike
My DOJ is 15.03.82(SBI), confirmed on 15.09.82, DOR is 31.12.06, Av. BP 19826.67, getting BP 8014/-, Is it correct or it will be 50% of Av. BP i.e. 9314/-. Please Clatify….
LikeLike