Payment of Arrears of Commutation together with interest thereon - 1616-1684 DA case Srinivasa Murti Devulapalli Vijayawada July 06, 2018 17:00 (10 minutes ago) (to DITTAKAVI, VISHWANATH, Gopalakrishna, suryanarayana, B, DSSR, M, ANJANEYA, GAJARAJ, RAGHAVAN, BIS, GUNDU, VCS, CHANDRASEKHAR, I Pardhasaradhi, RSR, Mohd.Habibullah, MULBAGAL,KOLLAGUNTA, PPRABHAKAR, PRASAD, Mohandas, PERUMALJI, YVG, GANDURI, S, SRIHARI, YELAMANCHALI, BHASKAR, P, MOHAN, Nthegde, Jyothsna, Prabhakar, Sharbat, Yellamrju1949, Narasimharaghavan, manmohan, VENUGOPALAN, yvsubbarao, APBRF, Bankpensioner) My Dear friends, There seems to be lot of confusion/anxiety among many of us as to the payment of arrears on commutation together with interest thereon in the wake of the Supreme Court Judgment dated 23rd. February, 2018. This communication of mine is meant for such of those for more clarity: Our WP:#41751/2001 (page:35) is covered under the Judgment dated 21 04 2011 in WP:15295/2001 Pl. refer to the attached file. For the operative part of the judgment please read from paragraph 90 (Page #132) onwards.......The observations made by the single bench in their judgment dated 21 04 2011 are worth noting: Quote: “Pages: 135 & 136 11. In the light of the aforesaid decision of the Apex Court, I cannot refuse to followthe verdict given by the co-ordinate bench by citing minor differences as the groundsfor not following it. The Court has disposed off similar matters following the Hon’bleSupreme Court’s judgment in the case of Mohandas (Supra). 12. I dispose of these petitions in terms of the order dated 8.4.2011 passed by this courtIn W.P# 41346/03(S-RES)and other connected petitions as follows: “ Circular No.1/2001 dated 2.1.2001 insofar as it seeks to amend regulation 28 andcircular No.10/2001 dated 11.1.2001 are quashed. The petitioners are entitled to increasein their qualifying service by a period not exceeding five years subject to the conditionthat the total qualifying service rendered by the petitioners shall not in any case exceed33 years and does not take them beyond the date of superannuation. The respondentBanks are directed to pay pension to the petitioners after applying the same and the ordersby the banks insofar as the same deprived the addition of five years qualifying service arequashed. The petitioners are entitled to payment of pension calculated on the basis ofactual pay fixed, personal pay, special pay and other allowances and emoluments drawnby them during the last ten months of service as provided under Regulations 35 and 38 ofthe pension regulations together with dearness allowance thereon and the respondent – bank shall pay the differential amount of pension and commutation value of pension to the petitioners on that basis, within a period of eight weeks, if not earlier and in the event of failure to make the payment as above, the banks shall be liable to pay interest at the rate of10% on the said amounts till the date of payment. 14. No order as to costs. Sd./- JUDGE Unquote: Against the above judgment Managements of the Banks preferred appeals which were turned down by the Hon'ble Division Bench of Karanataka High Court in toto. The remarks and observations made by the Hon'ble Division Bench of Karnataka High Court headed by Sri Vikramjit Sen, the Chief Justice himself are very glaring : Quote: WHILE DISPOSING OFF THE MANAGEMENT'S APPEALS IN THE WA # 4901 OF 2001 ON 8th. MARCH, 2012, OBSERVATIONS MADE BY THE HON'BLE DIVISION BENCH OF THE KARNATAKA HIGH COURT HEADED BY HON'BLE SRI VIKRAMJIT SEN, CHIEF JUSTICE & HON'BLE Mrs.JUSTICE B. V. NAGARATHNA, IN THEIR CONCLUDING REMARKS, ARE INDEED WORTH NOTING: JUDGMENT: VIKRAMJIT SEN, C.J. (Page:137 &138) Para # 10. “It would be relevant to underscore that the Union Bank of India, the Indian Overseas Bank and the Indian Bank have implemented the judgment against them inasmuch as they have not preferred any appeals. It will also be relevant to highlight that although amendments were eventually carried out to the Pension Regulations after inordinate delay in late 2002, it materialized only after the petitioners had availed VRS. This amendment departed from the extant method of calculation of pension keeping in perspective the pay drawn in the last ten months of service. Significantly, the Pension Regulations 1995 were amended once again in 2005 the calculation of pension is founded on the pay drawn in the last ten months of service. Therefore the decision in these Appeals will impact upon a relatively short period of four years. IT IS FURTHER RELEVANT TO UNDERSCORE THAT BOTH THE LEARNED SINGLE JUDGES HAVE CONCLUDED THAT THE DISPUTE STANDS COVERD ON ALL FOURS BY THE DECISION OF THE APEX COURT IN MOHANDAS. WE MENTION THIS FOR THE REASON THAT IT APPEARS TO US THAT THE EXTREMELY SCARCE TIME OF THE COURT AS WELL AS THE BANK’S RESOURCES HAVE BEEN AVOIDABLY AND UNNECESSARILY EXPENDED ON AN EXERCISE IN FUTILITY........... ”(page:164- para:25.) “.... Accordingly, these writ appeals are dismissed. Since the Pension Regulations 1995 have not at all been amended by the State Bank of Mysore, its appeals are bereft altogether of any merit, and must be held liable to pay costs of Rs.10,000/- to each of their former employees/petitioners. Sd./- Sd./- Chief Justice Judge (Unquote) Hon'ble Supreme Court in their judgment dtd. 13 02 2018 has upheld the judgments of the High Courts of Karnataka and Madras as well : Quote: Pages:23&24 (Paras#34 & 35): "34. Thus, we set aside the judgment rendered by the High Court of Delhi and affirm that of High Courts of Karnataka at Bangalore and High Court of Madras. The appeals filed by the Association is allowed. Resultantly, let the amount which was due payable be paid with 9% interest, be calculated and paid within four months from today. 35. All pending applications stand disposed of. ..................J. ......................J. (Arun Mishra) (Amitava Roy) Unquote: In view of the above, the managements can not plead for any estoppel . They have got to honour the judgment/s in letter and spirit. Defying the orders tantamount contempt. Now, it 's for our organisations to take up the matter with Managements/IBA/MOF for an early compliance of the Court orders to fall in line with Canara Bank, who seem to have already complied with. My Congratulations to Com. Srinivasan, Gen.Secy., All India Canara Bank Retirees Federation for their efforts in this behalf. Regards and greetings. D S Muti/ దేవులపల్లి శ్రీనివాస మూర్తి https://drive.google.com/file/d/1St4OMlrNELVZo0YmGK4W7mlN4dyGlbjZ/view?usp=sharing https://drive.google.com/file/d/1hmmPXSWnep28VaWugHxchy3N6a-RnwMa/view?usp=sharing https://drive.google.com/file/d/1jGEO6Zuxxlf1NjpBwZBtQ3j5d3cRepP1/view?usp=sharing https://drive.google.com/file/d/11bKdlTBe-OP1EQONo81bmrczAVCC_d3_/view https://drive.google.com/file/d/1IQgHllHGe7PMAyp4FAU8RSvD9x1f_BNN/view