IBA - Second Option Of Pension For Compulsorily Retired Officers/ Employees

2nd Option of Pension for Compulsorily Retired Officers/Employees

Indian Banks’ Association

HR & INDUSTRIAL RELATIONS

No.HR&IR&HR/CIR/G2/BRK/4684

March 16, 2018

Chief Executives of Member Banks which

are parties to the Bipartite Settlement

Dear Sir/Madam,

2nd Option of Pension for Compulsorily Retired Officers/Employees

The United Forum of Bank Unions (UFBU) representing workmen and officers in Banks were requesting to allow another option to those Who were in the service Of the Banks prior to 29th September, 1995 in case of Nationalized Banks / 26th March, 1996 in case of Associate Banks of State Bank of India and continued in service on or after that date and did not opt for pension when offered as per the scheme.

2. After holding various rounds of discussions in the matter, consensus was arrived at between the parties and a Bipartite Settlement/Joint Note was signed on 27.4.2010 to extend another option of pension to those Workmen / Offcers who:-

(a) were in the service of the Bank prior to 29th September, 1995 in case of the Nationalised Banks/26th March, 1996 in case of Associate Banks of State Bank of India and continue in service of the Bank on the date of signing above mentioned Bipartite Settlement/Joint Note;

(b) exercise an option in writing within 60 days from the date of offer, to become a member of the Pension Fund and

(c) authorise the Trust of the Provident Fund of the Bank to transfer the entire contribution of the Bank along with interest accrued thereon to the credit of the Pension Fund. In addition, the individual employee/officer has to pay @ 2.8 times of the revised pay for the month of November 2007.

(d) were in service of the Bank prior to 29th September 1995 in case of Nationalised Banks /26th March 1996 in case of Associate Banks of State Bank of India and retired after date and prior to the date of above mentioned Bipartite Settlement/Joint Note i.e. 27.04.2010;

(e) exercise an option in writing within 60 days from the date or offer to become a member of the pension fund and,

(f) refund within 30 days after expiry of the said period Of 60 days, the entire amount Of the Bank’s contribution to the Provident Fund and interest accrued thereon received by the employee/officer on retirement together with the payment over and above the said amount at 56% of the amount.

3. Families of above mentioned employees officers were also made eligible for said option subject to refund of Bank’s contribution to the Provident Fund received by them as mentioned in point (f) above.

4. 2nd option of Pension was, however, not made available to the employees/officers who were compulsorily retired by the Bank. As such, some of these aggrieved employees/officers approached different Hon’ble High Courts seeking relief in the matter. Various Hon’ble High Courts viz Andhra, Madras, Madhya Pradesh, Punjab & Haryana and Patna have ruled in favour of the employees\officers who were compulsorily retired. However Hon’ble Delhi High Court has taken a contrary view on the technical ground.

5. The matter was placed before the Standing Committee on HR of IBA in its meeting held on 07.12.2017. Aner deliberations, the committee recommended to place the matter before the Managing Committee of IBA. Accordingly. the matter was put up to the Managing Committee of IBA in its meeting held on 29.12.2017. The committee advised to seek legal opinion on the judgements as to whether 2nd option of pension may be allowed to all ex-officers/ex-employees who were compulsorily retired from Bank’s service between 29.09.1995 to 27.04.2010 or only selectively to those who approached the Bank for the same.

6. The legal opinion from Shri S.D.Kelkar, Senior Partner, Kelkar & Associates whose services have been engaged in IBA as retainer, Was obtained in the matter, His opinion is as under:

“Having considered the decisions rendered by the Hon’ble High Courts of Andhra Pradesh, Madras, Madhya Pradesh, Punjab & Haryana, Patna which have ruled in favour of the employees/officers who were compulsorily retired way way of punishment/ on the ground that they are covered by the Joint Note as well as decision of the Hon’ble Delhi High Court which has laken a contrary view on the technical ground and the fact that SLPs preferred against the Jndgments of the High Courts which had ruled in favour of the employees were dismissed though such dismissal cannot be considered as law laid down by the SC., we are of the considered view the banks are bound to give 2nd option to all the employees/ officers who were compulsorily retired and who fall within the ambit of the Joint Note to exercise option for the following reasons:-

The Joint Note does not distinguish between voluntary retirement, superannuation, premature relirement, compulsory retirement.

Even the employees/ officers who are compulsorily retired by way of punishment are eligible for pension under the pension regulations.

Banks being “State” within the ambit of Article 12 of the Constitution of India should act in a fair and reasonable manner and should not restrict it only those who demand it. Such stand, if any, adopted by the banks may invite strictures from Courts’.

7. The views of the Legal Retainer of IBA were placed before the Managing Committee of IBA in its meeting held on 25.01.2018. The committee after deliberation concurred with the legal opinion placed before it and advised to inform all PSBs accordingly. The exact modus operandi of the extension of 2nd option to compulsorily retired employees/officers was to be worked out in discussions with GMs (HR) of PSBs to decide on a uniform methodology which will stand scrutiny of court.

8. To work out the methodology in this regard, a meeting of the GMs (HR) was convened on 28.02.2018 at IBA. After detailed discussions, a consensus has been arrived at to extend the option of pension to compulsorily retired employees/officers on same terms & conditions as are mentioned in Bipartite Settlement/Joint Note dated 27.04.2010, As per the agreed terms & conditions of said Bipartite Settlement/Joint Note, Pension/Family Pension shall be payable with effect from 27th November, 2009, provided that employees/officers who are compulsorily retired after that date shall get pension from the respective dates of such retirement. Court cases, if any, in the matter may be withdrawn forthwith.

9. Please do the needful accordingly.

Yours faithfully,

sd/-

B Raj Kumar

Deputy Chief Executive

Order Copy

Authority: http://www.iba.org.in/

CPAO - Simplification Of Pension Procedure

Simplification of Pension Procedure – Submission of Life Certificate

CPAO/IT&Tech/Bank Performance/37(Vol.III)/2017-18/208

19.03.2018

Subject:- Simplification of Pension Procedure – Submission of Life Certificate

Attention is invited to CPAO’s 0M No. CPAo/Tech/Simplification/2012-13/325 dated-18.02.2013 on the above subject whereby it was decided to submit the life certificate to any branch of the authorized bank through which pension of pensioners/family pensioners is being disbursed. Format of acknowledgement to be given by the Life Certificates receiving branch to the pensioner/family pensioner was circulated vide this office OM No.CPAO/lT&Tech/Scheme Booklet/2015-16/1666 dated-16.10.2015 which was reiterated vide OM No.CPA0/lT&Tech/Jeevan Pramaan/2015-16/ 1680 dated-09.11.2 015.

But, it is observed that bank branches are still not providing the acknowledgement of Life Certificate to the pensioners/family pensioners. Moreover, it has been observed that they do not forward the same to their CPPCs, resulting in stoppage of pension/ family pension which causes undue financial hardship to the pensioners/ family pensioners.

In view of the above, Heads of CPPCs and Heads of Government Business Divisions of all the authorized banks are requested to issue necessary instructions to all their branches to provide the acknowledgement of Life Certificate to the pensioner/family pensioner without fail and forward the same to the concerned CPPCs for necessary action.

sd/-

(Md.Shahid Kamal Ansari)

(Asstt. Controller of Accounts)

Order Copy

Authority: www.cpao.nic.in

Providing CGHS facilities At Vijayawada

Providing CGHS facilities at Vijayawada, state Capital of Andhra Pradesh

Ref: Confdn/Genl/2016-19

Dated – 19.03.2018

To

Shri J. P. Nadda

Hon’ble Minister for Health & Family Welfare

Government of India

Nirman Bhawan, New Delhi – 110011

Sir,

Sub: – Providing CGHS facilities at Vijayawada, state Capital of Andhra Pradesh.

Even though four year years are over after the formation of Andhra Pradesh and Telangana states by dividing erstwhile Andhra Pradesh state, no separate CGHS Head Quarters is established for Andhra Pradesh state at its capital Vijayawada and the discrimination continues inspite of Several memorandums submitted earlier by various organisations and people’s representatives. As a newly formed state capital Vijayawada is entitled for establishment of CGHS facilities as the CGHS existing at Hyderabad has become a part of Telangana state. It is reported that state Govt. is providing required land for establishing Central Govt. offices in the proposed city “Amaravathi” the future Capital City of Andhra Pradesh. Land will be allotted for establishing CGHS also in the proposed capital city, if applied for by CGHS authorities new itself. AIIMS has already been allotted land. Pending Construction of own building the CGHS can function in rented buildings as being functioned in many others states.

Your kind intervention is requested to Immediate establishment of

(1) New CGHS Headquarters of Andhra Pradesh at Vijayawada with branches at Visakhapatnam and Tirupathi.

(2) Further those pensioners who enrolled CGHS membership from Non-CGHS area and continuing since 10 years may be granted permanent membership on payment of ten years subscription as per the rate of subscription on the date of their retirement excluding the amount already paid by them on temporary basis.

Awaiting early favourable action,

Yours faithfully,

sd/-

(M. Krishnan)

Secretary General

& Member, Standing Committee

National Council JCM

Mob: 09447068125, Email: mkrishnan6854@gmail.com

Source: Confederation

Grant Of Ten Days Casual Leave - MoD Orders

Grant of 10 days CL – Who are not entitled to 17 holidays – MoD Orders

Grant of 10 days Casual Leave to those Civilian employees under Defence Establishments who are not entitled to 17 holidays per calendar year

Government of India

(Department of Defence)

Ministry of Defence

D(Civ-ll)

Subject: Grant of 10 days Casual Leave to those Civilian employees under Defence Establishments who are not entitled to 17 holidays per calendar year

The undersigned is directed to say that this division has been receiving proposals from Line Dtes and Defence Federations to grant 10 days Casual Leave to the Defence Civilian employees in such Defence units wherever the entitlement is less than 17 days Gazetted holidays.

2. In this connection, para 9 of the Appendix-III of the CCS(Leave) Rules, 1972 is reiterated as under: –

“Entitlement (per calendar year) –

8 days – For those entitled to 17 holidays

10 days – For those not entitled to 17 holidays.”

3. All concerned are therefore requested to ensure that the entitlement of Casual Leave to the Civilian employees in the Defence Establishments under MoD who are covered under CCS(Leave) Rules, 1972, is adhered strictly as per Para 9 of the Appendix-III of these Rules.

sd/-

(Dalpat Singh)

Under Secretary to the Govt of India

Order Copy

Authority: www.mod.gov.in

Lok Sabha Q&A - Maternity Leave And Pension

Lok Sabha Q&A - Maternity Leave and Pension

Ministry of Personnel, Public Grievances & Pensions

Maternity Leave and Pension

Hon’ble Delhi High Court vide its judgement dated 17.07.2015 in the Writ Petition (C) No. 844/2014 – Rama Pandey vs. Union of India &Ors., has laid down that a female employee, who is the commissioning mother, would be entitled to apply for maternity leave. Department of Personnel and Training, after examination of the judgement, has circulated it to all Ministries/Departments for wide publicity vide Office Memorandum dated 29.01.2018. 

In accordance with the Office Memorandum No. 1/13/09- P&PW (E) dated 19th July, 2017, family pension would also be granted to a divorced daughter from the date of divorce in cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death, subject to fulfilment of all other conditions for grant of family pension.

No centralized data regarding grant of pension/family pension by the various Pension Disbursing authorities is maintained.

This was stated by the Minister of State for Personnel, Public Grievances & Pensions and Prime Minister’s Office, Dr. Jitendra Singhin a written reply to question in the Lok Sabha today.

Source: PIB

Lok Sabha Q&A - Opening of Office on Holidays

Opening of Office on Holidays

Ministry of Personnel, Public Grievances & Pensions

Opening of Office on Holidays

As per Fundamental Rules (F.R.) No.11, the whole time of a Government servant is at the disposal of the Government which pays him, he may be employed in any manner required by proper authority without claim for additional remuneration.

Sometimes with a view to meeting the exigencies of work such as when a Government business has to be transacted immediately or a deadline is to be met, the Head of Office can, in the interests of public service, take a decision to keep the offices open fully or partially even on public holidays. The staff who are deployed on official duty on public holidays are, however, compensated by granting them compensatory leave.

Need for laying down procedure for registering complaints in case of any Government/private office remaining open on public holidays has not been felt.

This was stated by the Minister of State for Personnel, Public Grievances & Pensions and Prime Minister’s Office, Dr. Jitendra Singhin a written reply to question in the Lok Sabha today.

Source: PIB

Lok Sabha Q&A - Filling Up Of Vacancies In Railways

Lok Sabha Q&A - Filling Up Of Vacancies In Railways

Ministry of Railways

Employment Generation in Railways

Filling up of vacancies in Railways is a continuous process through various modes of intake. The policy of the Railway administration is to fill up the vacancies as per the laid down procedure through Railway Recruitment Boards (RRBs) and Railway Recruitment Cells (RRCs). There is always a time-lag between occurrence of vacancies and processing the same for filling up, which involves notification of vacancies, holding examinations, finalizing of select panels and issue of appointment letters. However, manpower planning requires continuous review of sanctioned strength in view of ever changing technology, working systems and creation of new assets and introduction of new trains.

Recently, Railway Recruitment Boards (RRBs) have published two fresh notifications viz. Centralized employment Notification (CEN) No. 01/2018 on 03.02.2018, for recruitment for 26,502 vacancies of Asst. Loco Pilots (ALPs) & Technicians, and CEN No. 02/2018 on 10.02.2018, for recruitment for 62,907 vacancies of Level-1 (erstwhile Group ‘D’) staff. The closing dates of online applications for both these CENs are 31.03.2018.

The details of the employment given by Railways in technical and non technical grades during the last three years and the current year is as under –

(i) In Group ‘C’ categories :-

Year	Candidates empanelled for		Total Candidates Empanelled
	Technical posts	Non-technical posts
2014-15	6006	9185	15191
2015-16	22529	5466	27995
2016-17	17354	2233	19587
2017-18(upto 31.12.2017)	2223	14604	16827
Total	48112	31488	79600

(ii) Candidates empanelled by RRCs in last three years in Level-1 of 7th CPC Pay Matrix (18000-56900) :-

Year	Candidates empanelled in Level-1
2014-15	31995
2015-16	51808
2016-17	6731
Total	90534

This information was given by the Minister of State of Railways Shri Rajen Gohain in a written reply to a question in Lok Sabha today.

Source: PIB