'Land Leased To Azam Khan's Trust When He Was Minister' : Supreme Court Dismisses Jauhar Trust's Plea Against UP Govt Cancelling Lease
https://www.livelaw.in/top-stories/azam-khans-trust-minister-supreme-court-dismisses-jauhar-trusts-plea-against-up-govt-cancelling-lease-272330
Small Committee Minutes: P&H HC dismissed our appeals stating that Small Committee minutes are not the final agreement on pension and they are only parleys before agreement and the final agreement came in the form of Pension Regulations. This may be because of the fact that the minutes contained certain points raised by the Unions/Associations which remained alive for further discussions.
After signing the Minutes, the members met again after about a week and finalised the draft Regulations. This draft was signed by all the members of the Committees and was forwarded to the Government for approval. (It appears the points raised by Unions/Associations which remained for further discussion were abandoned.) The draft Regulations have the agreement reached on Updation and Dearness Allowance that they should be in line with RBI formula. Thus the draft Regulations only will conclusively prove our claim that Banks/IBA have agreed to update pension by following the RBI formula. Instead of relying on the Minutes of the Small Committee we should bring the existence of the Draft Regulations to the notice of the Court. Court may not accept the Small Committee Minutes as the final agreement on pension.
I learn that the copy of the draft Regulations is available in the documents filed by IBA.
Regulation No.35: This was amended in 2003 and the words "wherever applicable" was included. Wherever applicable means it is not applicable to all.
In the Karnataka HC and Kerala HC, IBA stated that Regn.35 is applicable to pensioners who drew their last ten months salary under two Bipartite Settlements and in all such cases updation has been effected as per the formula found in the Regulations. This was accepted by both the HCs. In the Karnataka HC the Court directed the Petitioners to submit a list of pensioners whose pension has not been updated as per the given formula so that it can pass the necessary orders. As no list was not submitted even after the stipulated date, the petition was dismissed.
The pre amended Regulation may be relied on to prove that Updation was there in the scheme which was subsequently removed.
Updation under Regn.35, will not fetch any substantial increase in Pension. Therefore we should focus on RBI formula only.
IBA's acceptance of the fact that Pension Scheme of Banks and RBI should be similar in all respects: In the meeting held on 10/11/1997 to discuss the demand of Unions/Associations for the removal of the clause on forfeiture of past service of the employee who participate in illegal strike and certain other residual issues, Unions/Associations asserted that Pension Settlement in Banks was arrived at explicitly on the premises that it will be exactly in the lines of RBI Pension Scheme. IBA accepted this claim of the Unions. As Pension Regulations of RBI did not have the clause on forfeiture of past service, IBA agreed to the removal of the clause from Bank Pension Regulations.
The minutes of the meeting should be brought to the notice of the Court to establish that updation as per RBI formula should be extended to Bank Pensioners also.
Pension Funds: Funds available in the Pension Funds include funds provided for payment of pension to future retirees also. Employees who joined the Bank till 31st March 2010 are eligible for Pension. An employee who joined in 2010 will start drawing pension only in 2045 (assuming he joined the bank when was 25 years of age.) Therefore, the income earned by the funds will exceed the payments out of the funds till such time majority of the members start drawing pension.
Amount available in the Pension Fund is sufficient to meet all the obligations undertaken. As updation has not been accepted by IBA so far, no provision would have been made for updation.
In view of what is stated in the foregoing, claiming availability of funds to meet updation is wrong. Instead the profitability of Banks can be brought to the notice of the Court to establish that Banks can meet the updation cost without difficulty.
. I have brought the above points to the notice of the Associations in the last three to four years. None of them have reacted to the points raised by me.
DEAR ALL,
EXCLUSIVE PAST FEEDBACK FROM ALL OVER INDIA ON PENSIONERS COURT CASES –A PANORAMA OF INVOLVEMENT, A KALEIDOSCOPE INDEED: as part of RIEA Chennai Silver Jubilee Celebrations :RBKishore 8/8/2023 to 8/8/2O24
1)Excerpts from our letter to Hon Judge (Retd) V.R.KrishnaIyer
Any slight dislocation or disturbance in the unalloyed & unadulterated enjoyment of those Rights,Courts must immediately step in & bring harmony & justice. Courts must issue Directions to the delinquent authorities with a positive Order --
a)----to uphold Human Rights mercilessly trampled upon, taking 13 long years to arrive at a decision,
President's Secretariat
PRESIDENT OF INDIA'S GREETINGS ON THE EVE OF VIJAYADASHAMI
Posted Date:- Oct 11, 2024The President of India, Smt. Droupadi Murmu has sent her greetings to fellow citizens on the eve of Vijayadashami.
In a message, the President has said, "On the auspicious occasion of Vijayadashami, I extend my warm greetings and best wishes to all my fellow citizens.
The festival of Vijayadashami marks the victory of justice over injustice. On this occasion, religious and cultural events are celebrated with great fervor in various parts of our country.
This sacred festival reminds us to further strengthen our faith in higher human ideals. Many inspiring stories of dignity, commitment to duty, purity of conduct, humility and courageous struggle for justice are associated with this festival. These stories should be our source of inspiration.
May this festival of faith and zeal bring success, prosperity and happiness for all".
Please click here to see the President's Message in Hindi:-
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MJPS/SR
Happy International Girl Child Day! When we empower our girls today, we're shaping tomorrow's leaders. LIC stands strong with every girl, providing the support and security they need to chase their dreams.
On Thu, 10 Oct 2024 at 12:12 pm, RK SAHNI<rksahni278@yahoo.co.in> wrote:Dear Shri Sahni Sahab,Above mentioned note is attached herewith for favour of your information.Regards,M P AgnihotriClick below:-
Victory for the RRB Pensioners //// After three decades of Legal Battle, to comply with the orders of the Supreme Court, DFS advises RRBs to implement the Pension Scheme WEF 1/11/1993
