Srinivasa Murti Devulapalli
devulapallimurti@gmail.com Sept.11, 2019
RAMAVARAPPADU (po) VIJAYAWADA 521108
9989318300 (WhatsApp)
My Dear Friends,
PAYMENT OF COMMUTATION AND DEARNESS RELIEF UNDER REGULATION#37 IN RESPECT OF THOSE WHO RETIRED DURING THE PERIOD FROM: 01 04 1998 TO 30 04 2005 - CONTEMPT PETITION # 209/2019 - VIDE SUPREME COURT ORDER DATED 28 08 2019
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You are all quite aware of the Orders passed by the Hon'ble Supreme Court in the contempt petition # 209/2019 filed recently.
You are also quite aware of the fact that a letter dated was addressed to the Chairman of State Bank of India by Com. C N Prasad, General Secretary State Bank of India Retirees Association who is the pivotal personality of this long drawn legal battle since 2001.
Now, on similar lines, a separate letter dated 10 09 2019 is addressed by the Secretary General of All India Retired Bank Employees Association to the Chairman, Indian Banks' Association, Mumbai : as reproduced here under:
Friends, being one of the parties to the above litigation, we have already addressed a letter in the past to our management -ie. Syndicate Bank in this regard contents of which are annexed in the following link:
https://drive.google.com/file/d/14IsQXTipQEYWQ0YTfQoKxaYgOpkm9ZnX/view?usp=sharing
https://drive.google.com/file/d/1lDeS4uUeh299Nd7WWBY87xMAY8RxPF5Y/view?usp=sharing
At this juncture, Once again, I would like to express my deep sense of gratitude to Com. C N Prasad, Gen.Secy of SBI Retirees Association and all the petitioners to the connected litigation for their sustained struggle for over 18 long years with Courage, commitment and conviction to the basic principles of Trade Union -
'AGITATION, LITIGATION & NEGOTIATION...."
https://www.youtube.com/watch?v=6GFnTDb4Ew8&t=130s
https://drive.google.com/file/d/1VvyMB-wtwqiyUbty-y4oZEz31L-SWZhL/view?usp=sharing
With Greetings and Regards,
“|| यतो धर्मस्ततो जयः ||” IS THE ULTIMATE......I remain - Yours,
దేవులపల్లి శ్రీనివాస మూర్తి /Devulapalli Srinivasa Murti.
SEPT. 11, 2019 - VIJAYAWADA 521108 :: 998931830
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ALL INDIA RETIRED BANK EMPLOYEES ASSOCIATION
Central Office : Thiruvananthpuram 695 001
R K Dhoot R.L.Rao
Genl Secretary President
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Date: 10th. September, 2019
The Chairman,
Indian Banks' Association, MUMBAI.
Respected Sir,
PAYMENT OF COMMUTATION AND DEARNESS RELIEF UNDER REGULATION 37 IN RESPECT OF THOSE WHO RETIRED DURING THE PERIOD FROM 01 04 1998 TO 30 04 2005 - CONTEMPT PETITION No. 209/2019
We are the Appellants in Civil Appeal No.5525/2012 and connected matters . We had filed a representative petition which was allowed. Public Sector Banks including those which have already been merged are respondents in the Civil Appeals. Our Appeal is allowed. Pensioners of erstwhile State Bank of Mysore, who are also members of our Association had filed Contempt Petition No.209/2019. Three Judges Bench, while deciding the Contempt Petition , the Court has ordered payment of Commutation and also decided that the petitioners , if aggrieved as to the method of calculation of Dearness Relief, could approach appropriate forum.
We are attaching a copy of the Orders of the Supreme Court dated 28 08 2019 in Contempt Petition. In terms of the Orders, pensioners are entitled to payment of commutation amount of differential Basic Pension and which is reduced for a period of 15 years , after payment. This payment has to be made within a period of four weeks from the date of the order. It is also pertinent to note that the Bank is compelled to tender unconditional apology for the delay in making this payment. Therefore, we request you to kindly advise member banks to pay commutation immediately in terms of the orders of the Hon’ble Supreme Court and recover for a period of fifteen years from the date of payment.
It is also observed from the orders that the State Bank of India has claimed that the Dearness Relief to those pensioners are being paid in terms of the settlement. The Orders/judgments clarify in abundance that the Pension should be paid in terms of Pension Regulations as existing on the date of retirement. These pensioners have retired during the 7th. Bipartite period – ie. 01 04 1998 and 31 10 2002. In fact payment of Dearness Relief to pensioners is not at all dealt anywhere in these joint Notes/Settlements/Record Note of discussion daged 14 12 1999, 27 03 200, and 02 06 2005. Therefore, please advise payment of Dearness Relief in terms of Regulation 37 – Appendix II(b), which is the applicable and relevant provision for paying Dearness Relief to these pensioners.
Respected sir, please take a positive decision keeping view apology tendered , remarks of Karnataka High Court Decision of Hon’ble Supreme Court ( including judgments of 5-judge bench) and relevant provisions in Pension Regulations, as on the date of retirement. Incidentally, Pension Regulations have been amended only after retirement of these pensioners. We request you to order early payment of this benefit and our bank shall not be seen as a Compulsive Litigant. We request you to kingly indulge and ensure payment of rightful and legitimate benefits in terms of the Orders of the Hon’ble High Courts and Hon’ble Supreme Court.
Please do not compel these pensioners who are in autumn of their life and retired after decades of service seek judicial intervention , with regard to payment of Dearness Relief in terms of the Appendix II(b) to Regulation 37. It is also pertinent to note that some of them have retired nearly two decades ago. Please advise payment of these benefits to all similarly placed retirees of member banks who are in receipt of pension under Bank Employees’ Pension Regulations, 1995.
Earnestly waiting for your early favorable orders.
Thanking you,
Yours faithfully,
Sd./-
(Ram Kishore Dhoot)
Secretary General
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