REVISION OF PENSION -NEXT HEARING ON 15-03-2016(UPDATED_17-02-2016)
SBIPensioners WP 1875 of 2013 ....next hearing on 15/3/16
Case at Delhi High Court for revision of Pension
17.02.2016 :
UPDATE OF COURT CASE IN DELHI HIGH COURT
HEARING RESUMED TODAY, AND THE GOVT.'S AND BANK'S COUNSELS WERE ASKED TO FURNISH REPLIES TO THE CLARIFICATIONS SOUGHT BY THE BENCH, ON THE LAST DATE. THE ADDITIONAL SOLICITOR GENERAL, REPRESENTING THE UNION OF INDIA REPORTEDLY SUBMITTED TO THE COURT THAT A COMMITTEE HAD BEEN FORMED ON 10.02.2016, TO DECIDE ON THE ISSUES. HE ALSO REPORTEDLY EXPRESSED DIFFICULTIES TO RESPOND IMMEDIATELY IN VIEW OF THE ENSUING BUDGET EXERCISE. THE BENCH HOWEVER DIRECTED HIM TO REFER TO THE UNION OF INDIA AND FILE A REPLY BY 14.03.2016, AND HEARING WOULD RESUME ON 15.03.2016.
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Extract of the Orders of the Court after the Hearing held on 9/2/16
".IT HAS BEEN SUBMITTED BY THE PETITIONERS BEFORE US THAT EVEN THOUGH THEIR PAY AND ALLOWANCES STOOD REVISED, HOWEVER, ON ACCOUNT OF THE APPLICATION OF THE ABOVE DIRECTION, PENSION FOR THE EMPLOYEES WHO HAD RETIRED PRIOR TO 1ST MARCH, 1999, HAS BEEN COMPUTED AND PAID ON THE BASIS OF PAY WITHOUT ITS REVISION WHICHY HAS CAUSED GRAVE INJUSTICE TO THEM.
LEARNED COUNSEL FOR THE RESPONDENTS ARE UNABLE TO INFORM THIS COURT AS TO THE FATE OF THE APPROVAL WHICH WAS SOUGHT FROM THE CENTRAL GOVERNMENT, AS NOTED IN THE ABOVE CIRCULAR DATED 31ST OCTOBER, 2000.
IT IS SHOWN TO US THAT AS A RESULT, W. E. F. 1ST MARCH, 1999 ONWARDS, PENSION OF THE RETIRING EMPLOYEES STANDS RESTRICTED TO RS 5900/- WHICH WAS EQUIVALENT TO 40% OF THE PRE-REVISED SALARY OF RS 14,800/-. IT HAS BEEN URGED THAT THIS WAS CONTRARY TO THE SECOND PROVISO TO REGULATION 23(1) WHICH PEGGED THE PENSION TO THE ABVERAGE OF THE ACTUAL SALARY DRAWN DURING THE LAST TWELVE MONTHS' PENSIONABLE SERVICE FIXING THE UPPER LIMIT OF PENSION AT 50% OF BASIC PAY UP TO RS 8,500/- OR 40% OF THE ENTIRE PAY EXCEEDING RS 8,500/- SUBJECT TO A MINIMUM OF RS 4,250/-.
GIVEN THE CLEAR MANDATE OF THE REGULATIONS (WHICH HAVE ALSO BEEN CHALLENGED BEFORE US), WE FIND NO
EXPLANATION ON THE RECORD AS TO WHAT APPROVAL WAS BEING SOUGHT,.
WE DIRECT MR. RAJIV KAPUR, LEARNED COUNSEL APPEARING FOR STATE BANK OF INDIA AND MR. KAVINDRA GILL LEARNED COUNSEL FOR UNION OF INDIA TO PLACE BEFORE THIS COURT THE STYATUS OF THE APPROVAL WHICH WAS SOUGHT WITH REGARD TO THE PENSION AND COMMUTATION TO EMPLOYEES WHO HAD RETIRED/RETIRE DRAWING PAY AND ALLOWANCESD IN THE REVISED SCALES FOR THE ABOVE PERIOD, WITHIN ONE WEEK FROM TODAY.
LIST ON 17TH FEBRUARY, 2016."
(Courtesy:SBIPA-WB)
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