PAYMENT OF COMMUTATION ARREARS AIBRF'S BELATED REALIZATION

Petition update"SOS" CALL FROM THE SENIOR BANK RETIREES!!... "WE ARE HARD HIT BY INFLATION ....!!"PAYMENT OF COMMUTATION ARREARS AIBRF'S BELATED REALIZATION

Devulapalli Srinivasa MurtiHYDERABAD :(HASTINAPUR -North) 500 079, AP, India

May 4, 2020

MY DEAR FRIENDS,

RE : PAYMENT OF COMMUTATION ARREARS

IN THE WAKE OF THE CHANGED STANCE OF AIBRF ON THE ISSUE OF PAYMENT OF COMMUTATION ARREARS, WHO HAVE BEEN ALL ALONG SUPPORTING THE IBA/UFBU IN THE MATTER, HAS NOW CHANGED ITS STANCE SUDDENLY AND BELATEDLY….. AS ENUNCIATED IN THE FOLLOWING LINK:

https://drive.google.com/file/d/14LzW8gviqkz8lQkr5KncHEHBhKqKNQ4C/view?usp=sharing

IN FACT, BEING A DIRECT LITIGANT, In terms of the SC judgment dated 13 02 2018 in Civil Appeals # 1892-1912 in SLP(c):023777 - 023797 of Syndicate Bank Vs. D. Srinivasa Murti (Connected matter to CA:5525/2012), I IN FACT, requested for the payment of commutation arrears to the management of our Bank vide my letter dated 11th July, 2018 as a reminder to my earlier communications dated 11th. June, 2018 and and 25th. June, 2018 itself.

This was followed up by requests / appeals to AIBRF leadership from time to time. Kindly go through my communication dated 8th. September, 2018 addressed to AIBRF , just preceding to their CENTRAL EXECUTIVE COMMITTEE MEETING HELD AT LONAVALA SOME TIME DURING SEPTEMBER, 2018.

ALL MY EFFORTS AND PURSUATION FROM TIME TO TIME, DID NOT EVOKE ANY POSITIVE RESPONSE FROM THE AIBRF LEADERSHIP AT THAT POINT OF TIME:

https://www.youtube.com/watch?v=6GFnTDb4Ew8&t=119s

NOW, A BELATED REALIZATION HAS DAWN ON THE AIBRF LEADERSHIP AS EVIDENTLY SEEN IN THEIR LATEST COMMUNICATION #Ref. 2020/100 DATED 01.05.2020

ALSO PLEASE FIND THE REACTION OF COM. C N PRASAD, GENERAL SECRETARY OF SBM COMMUNE, WHO HAS BEEN INSTRUMENTAL IN MAKING HIS UNTIRING EFFROTS TO BRING THIS LONG AWAITED MAJOR ISSUE TO A LOGICAL CONCLUSION FOR THE BENEFIT OF THE LAMENTING LOT OF THE RETIRE FRATERNITY SINCE 2001. KUDOS TO COM. C N PRASADJI.

THUS, AIBRF LEADERSHIP EXPOSED THEMSELVES OF THEIR CONFUSED MIND AND IMMATURED THINKING ALL THE WHILE TILL NOW….. REALIZATION SEEM TO HAVE DAWN ON THEIR MINDS BELATEDLY….

THE CONTENTS ARE SELF-EXPLECIT.

With Greetings and Regards

“|| यतो धर्मस्ततो जयः ||” IS THE ULTIMATE......

I remain - Yours,

దేవులపల్లి శ్రీనివాస మూర్తి /Devulapalli Srinivasa Murti.

MAY 04, 2020

VIJAYAWADA 521108
========================================

QUOTE:

Srinivasa Murti Devulapalli <devulapallimurti@gmail.com>

bankpensioner Fwd: Payment of Commutation - Clarifications

SBMPC Blore <sbmpensioners@gmail.com>
4 May 2020 at 00:29
Reply-To: bankpensioner@googlegroups.com

To: Prasad Cheemangala <cnraoprasad@gmail.com>

Bcc: bankpensioner@googlegroups.com

Dear Shri Jain,

At the outset, we would like to thank you for having accepted the fact that recovery of Commutation should commence only from the date of payment, not before, as you have been advocating, till recently (even in the note you have circulated). It is another feather in our Cap for having convinced everybody about correct method of payment of arrears. We agree that it took 21 long months.

Since you have raised the issue of orders in Contempt Petition No.209/2018 and what happened in State Bank of India, it is our duty to clarify in abundance several issues. There is a need to place factual position. While we do not wish to interfere or involve in role of affiliates and Apex organization, as we are no longer a part of AIBRF, we need to raise several issues and place before Bank retirees in the right perspective.

a. There were 648 petitioners, out of which 108 have retired on Superannuation/Voluntarily, but not under VRS-2001. Even among 541 of those who retired under VRS – 2001, 107 of them had served over 33 years. Therefore, they are not entitled to five years’ notional benefit. That leaves us with 215 of our members who were not entitled to five years’ benefit and they fought 1616 – 1684 issue only. In any case, is there any difference in payment/mode of recovery of Commutation, one for 1616 – 1684 issue and other for five years issue ? Please stop misleading Bank retirees’ community by providing wrong, incorrect and baseless information ;

b. We have brought to your notice, even earlier, when we were a part of your organization, that the Corporate Centre indeed advised LHO, Bengaluru to keep in mind that fifteen years period is over, since these retirees’ retired, regarding payment of Commutation. Nothing more or less. We requested the Bank management not to pay Commutation amount, if they are recovering. We had to take this stand as part payment would have weakened our Contempt Proceedings. It is well thought out strategy. We reiterate that there is no discretion to any Bank Management with regard to payment of Commutation. There is no provision for medical examination, as per Pension Regulations, in this case, as we are not applying for any portion of Commutation. We shall stop damaging cause of retirees, out of ignorance.

c. We request you to kindly share four letters which states that recovery should commence only after the payment. We shall stop misleading Bank retirees.

d. We are aware that Rs.25,000/- is paid to Shri K Mohandass by Bank of India Retirees’ Federation, but not by AIBRF. This was a very small portion of expenditure incurred for fighting upto Supreme Court. Moreso, merely Mohandas’s name appears first, it does not mean that case is fought by Mr.Mohandass only. We are indeed in contact with many of the petitioners.

e. If we have won this case based on Mohandass’s case only, why State Bank of India refused to pay five year benefit quoting para 33 and 34 of the Mohandas’s Judgment ? In fact, the Bank denied us this benefit based on para 33 and 34 of Mohndas’s judgment. If your statement is correct, then why State Bank of Travancore retirees have lost the case, even in Supreme Court, even after quoting Mohandas’s case ? Why State Bank of India has not paid this benefit in five other erstwhile Associate Banks ? We have already got arrears with interest from the date of retirement in respect of petitioners and others would also get interest from the date of retirement, as we have already got them arrears. Whether, your Affiliates in Vijaya Bank and Allahabad Bank have got interest for their members from the date of retirement ? In fact, Vijaya Bank case is also decided along with us through same Writ Petition, same Writ Appeal and Same Civil Appeal. Please stop undermining our efforts.

f. Mr.Jain, please refer to letters written by Indian Banks’ Association, whenever Hon’ble Supreme Court decides any issue. If your claims are correct, why you are unable to persuade Indian Banks Association to advise Banks to pay and recover commutation amount from the month succeeding payment of commutation ? Shall we provide documentary proof with regard to extension of Regulation 26, by the time you wrote a letter to Govt. of India, this issue was already a part of the agenda of Management Committee meeting ? Who ensured Indian Banks’ Association writing to Banks regarding Kool’s case ? We should not assume more than what we are.

g. Indian Banks Association advised those Banks which are parties in Writ Petition filed by Commercial Bank Retired Employees’ Association is decided in pensioners/petitioners’ favour and when these Banks referred the matter to Indian Banks Association. If Indian Banks Association were to advise regarding payment of Commutation, they would have advised all member Banks. This also demonstrate how Bank retirees’ are being misguided by you.

h. Mr.General Secretary, why you allowed recovery/reduction of commutation when five years’ benefit was paid in the year 2009 ? If recovery now is inappropriate and wrong, how it was appropriate then ? Did you take up this issue then ?

i. Mr.General Secretary, benefit out of notional addition of service alongwith interest was paid by State Bank of India to all the petitioners and without interest to non-petitioners on 23.8.2018, much before we filed Contempt Petition. Payment of five years’ issue was not a part of our Contempt Petition at all. Please stop misrepresentation. You know what is its meaning and scope.

j. Please do not place concocted stories before Bank retirees regarding State Bank of India’s stand quoting Regulation 41(7). In fact, there is no Regulation/sub-regulation in our Pension Regulations, beyond Regulation 41(5). You or your legal advisers have neither access to affidavits, counter affidavits, rejoinders, surrejoinders and compliance affidavits nor they were present in the Court Hall either at the time of arguments or at the time of dictating the orders on 28.08.2019.

k. We have not stopped at filing of Contempt Petition. We have also filed a miscellaneous application and we have made sure that issue of payment of interest as well as method of payment of interest and also issue of Regulation 37 alive. Hon’ble Supreme Court has not accepted the Banks’ contention with regard to progressive method of calculation of interest and our Hon’ble Supreme Court has refused to drop Contempt Proceedings, despite repeated requests of Bank’s Advocates. Perhaps, your legal advisors have not shared full information with regard to implication of proceedings, we are quoting now.

l. Have you written any letter to Indian Banks Association, quoting orders of Hon’ble Supreme Court in our Contempt Petition regarding payment of Commutation earlier or are you including the same now ? Certainly, there must be questionable intentions.

m. Why application of same method of calculation and payment of Commutation of differential Commutation on account of extension of Regulation 26, is not sought so far by you ?

Our SBM Pensioners’ Commune is proud. It is proud because, the issue of Commutation and method of payment of Commutation by making payment and reduce/recover only after making payment issue alive and kicking. Please imagine what would have happened if we were not to file Contempt Petition and secured orders for payment of Commutation. On account of our relentless efforts, today every Bank Retirees’ Apex organizations including yours have come around accepted our stand that Commutation should be recovered only from the prospective date. Perhaps, those individuals who are using social media, as you have referred, have achieved their objective of making you to agree that commutation could be recovered only after it is paid, but not retrospectively. We are not sure what role they can play to secure this benefit after 18 to 22 years after retirement. If your memory is short, we have loads of documents which through light on method of payment of commutation which you were advocating before.

We have already thanked leaders of Karnataka State Committee for their role in our exit from AIBRF. Thanking you,

With regards,

Prasad C N

General Secretary

SBM Pensioners’ Commune
=====================

---------------------------------------------------------------------------

ANNEXED BELOW IS MY LETTER OF APPEAL DATED 8 September 2018 TO AIBRF LEADERSHIP FOR FILING CONTEMPT PETITION....
---------------------------------------------------------------------------

Srinivasa Murti Devulapalli <devulapallimurti@gmail.com>

Apex Court Verdict in 1616-1684 - Payment of Commutation Arrears-
2 messages

Srinivasa Murti Devulapalli <devulapallimurti@gmail.com>
8 September 2018 at 09:05
To: Nthegde Hegde <nthegde@gmail.com>, Rathnam Jv <jvr1260@gmail.com>, A Yellarao CANARA <yellarao.alamanda@gmail.com>

Cc: Abdul Jaleel <u_abdul_jaleel_28@yahoo.com>, Anjaneya sastry <sastry.tsra@gmail.com>, M Kaleswararao <kaleswararao.m@gmail.com>, K Chandrasekhar <kanuri1955@gmail.com>, YV Subbarao Canara <yellamraju1949@gmail.com>, P Veerareddy VYSYA <veera.vijaya@gmail.com>

Bcc: R S R Prasad <rsrprasad1@yahoo.com>, Metlapalli Sharma <metlapallisarma@gmail.com>, I Pardhasaradhi <ipsaradhi@yahoo.com>, D B S NEELAMBARA RAO <raodbsn@yahoo.com>

My Dear Friends,

Re: Apex Court Verdict in 1616-1684 - Payment of Commutation Arrears

-------

In terms of the SC judgment dated 13 02 2018 in Civil Appeals # 1892-1912 in SLP(c):023777 - 023797 of Syndicate Bank Vs. D. Srinivasa Murti (Connected matter to CA:5525/2012), I requested for the payment of commutation arrears to the management of our Bank vide my letter dated 11th July, 2018 as a reminder to my earlier communications dated 11th. June, 2018 and and 25th. June, 2018. (Please click the following link for the details:)

https://drive.google.com/file/d/1lDeS4uUeh299Nd7WWBY87xMAY8RxPF5Y/view?usp=sharing

As expected, I have till date not received any reply to the above. Barring Canara Bank, none of the banks have paid the commutation arrears till date.

Under the circumstances, it is absolutely necessary to take legal recourse by filing contempt petition - citing the orders of the Karnataka High Court: Bangaluru, as upheld by the Supreme Court in the above judgment.

I am given to understand, that contempt petition need to be filed well within the prescribed time limit.

A contempt petition seem to have already been filed by our affiliates from the erstwhile SBM.

Every eligible retiree would get more or less equal sum of monetary benefit which they have already received as arrears so far.

But, Expenditure wise, as an individual, it would be a costly affair for me to file a contempt petition in Supreme Court. It is certainly beyond my capacity.

Under the circumstance, I solicit support from our Organisation at the Apex level to extend their helping hand by all means - financially /organisationally. I put forth my proposal before the State Committee -viz: APBRF to place the same in the ensuing Central Executive Committee meeting of AIBRF to be held at Lonavala for its consideration.

Link for my letter dtd. 25th. June, 2018:

https://drive.google.com/file/d/1IQgHllHGe7PMAyp4FAU8RSvD9x1f_BNN/view

Link for my letter dtd. 11th. June, 2018:

https://drive.google.com/file/d/1pMC923954BIhcqKDERQ6YsiPGmfxQcso/view

I Look forward to your support for the cause of the fraternity.

Regards and Greetings,

I remain- Yours,

Devulapalli Srinivasa Murti

Srinivasa Murti Devulapalli <devulapallimurti@gmail.com>8 September 2018 at 19:36

To: Sharbat Jain <sharbat_123@rediffmail.com>

My Dear Friend,

The abmunication is self-explicity. This is for your information and soliciting your support as requested....