Dear friends,
Our case is coming up before the Madurai bench of Madras High court on 30th Sept.
and on behalf of our Association I appeal to all members to pray the Almighty for the success of our case on 5 years notional credit.
with regards
nagarajan

Dear friends
Our case was heard on 31st August by the Division Bench of Muduai High Court.
After patient hearing of the case the judges posted it to 30th September 2016 for final hearing.
We request one and all to contribute for legal fund and pay subscription dues at the earliest.
nagarajan
nisvrrea

Dear Friends,                                                                                      Date: 8/08/2016

Thank you all for making our 7 th General Body meeting a success with a satisfactory attendance of both local members and representatives from Bangalore, Tirunelvely, Madurai,Trichy, Salem and other places from Tamilnadu.

The meeting started with a Prayer by Smt. Saraswathy Murali and Smt.Jeyamangalam Ramamurthy. After the Welcome address by Shri.S.Ponraj our Working President, the meeting started with the address by the Chief Guest. Swamiji Padmasananda Maharaj of Ramakrishna mutt and Special address by Shri.D.M.lele AGM of Bank of india. After honouring both the Guests for their kind presence in our Meeting, we started our usual business with the address by our President Shri.V.Ravishankar, who appreciated the oneness shown by our members during the 12 years of struggle and he was sure to have the same oneness in the coming years also.

Then the presentation of Accounts for the year 2014 – 2015 by our Treasurer Shri.M.K.Murali, went on well and the accounts was unanimously approved by the members present. Murali thanked one and all who contributed for his successful 12^th year of Accounts presentation and vowed to continue the work.

Then podium was given to  the General Secretary to dwell on the work done during the past years and he placed before the members the following points.

1)      Shri.Nagarajan explained the path dwelled from the loss of battle in Supreme Court to the present Victorious battle in the High Court of Madurai on payment of 5 years Notional Credit case.

2)      Then it was explained about the future path in the above case and since the Management has gone on appeal and notice was served on us because of our Caveat filed in Madurai High Court, that we should try to get the dismissal of the case in the Admission stage itself and if admitted to fight for an early hearing.

3)      As the case will naturally end up in Supreme Court only it was explained that we need enough of finance to fight it till the end.

4)      More light on the case of Pension updation filed in Madurai, was given, since it  is kept pending for want of a decision in Lic Case, which was referred back to Delhi High Court after the final hearing in Supreme Court, where we also intervened. It was explained that the decision of the Delhi High Court will enhance our claim in the Madurai High Court.

5)      Finally the Secretary stressed the importance of financial strength to fight the case and appealed to one and all to contribute liberally for the Legal Fund.

After the secretary’s address stage was given to our Chair person to explain the legal aspect of our case and about the future of our case as to how it should end up and the intricacies about the move we took to bring the case back to Madurai thereby opening the whole demand of Arrears of Salary through the claim for 5 years notional credit.

He also stressed the importance of finance to fight the case and appealed to all to contribute liberally so as to continue the struggle to its natural end.

After the Chair person’s address Shri. Radhakrishnan our Vice-President, Mr. Rajan – E C member, Saklecha E C member, Mr. Tittarappan Thirunelvely, Mr.Anand Raj Madurai, Shri.Venkatkrishna Banglore spoke and gave their assurance to the Association that they will work for the collection of Legal fund and make it a success.

The presence of the representatives from Mysore, Erode, Salem, Trichy, Tanjore and Kumbakonam show cased the strength of  the Association and the spread of our Association.

The graceful presence of our former Managing Director of GIC Shri.P.B.Ramanujam and his support for the legal struggle was so encouraging and added strength to our struggle.                         

Finally, Dr. Rajagopalan – Joint Secretary spoke about the achievements of our Association in getting the cashless medical insurance and about the efforts the Association put in getting the momento for retirees in United India. He also announced the creation of ‘Whatsapp’ group for our NISVRREA RETIREES, with which all the members can get information instantly, and requested all the members to  use the modern communication system to our use.

Our Vice-president Shri. V.Vijayakumar, deliverd his vote of thanks and finally requested all those present to utilize the facility provided by our Association for Medical Check up arranged in co-ordination with SIMS HOSPITAL, and of-course after the delicious Lunch provided by the Association.

GENERAL SECRETARY

TO ALL MEMBERS :

WE ARE GOING TO HAVE OUR SEVENTH GENERAL BODY MEETING

ON SUNDAY THE 31ST JULY 2016 AT 10 AM.

AT THE FOLLOWING VENUE:

R.K.M. SCHOOL (SOUTH BRANCH) TAG AUDITORIUM HALL

DHANDAPANI STREET, T.NAGAR – 600017

(near T.Nagar Bus Terminus)

AGENDA

1) PLACING OF AUDITED ACCOUNTS FOR THE YEARS

                        2013-2014 AND 2014 - 2015

2) DISCUSS ABOUT THE MADURAI CASE COMING UP IN DIVISION 

                                          BENCH 

3) DISCUSS ABOUT THE FINANCIAL POSITION OF THE  ASSN.                       

.

4) ANY OTHER MATTER WITH THE PERMISSION OF THE CHAIR.

LUNCH SHALL BE PROVIDED AT THE END OF THE MEETING.

PLEASE NOTE THAT THERE WILL BE A FREE HEALTH CAMP BETWEEN 

1 PM TO 3 PM.

PLEASE COME PREPARED WITH  SUBSCRIPTION ARREARS AND LEGAL FUND WITHOUT FAIL.

V. A. NAGARAJAN

GENERAL SECRETARY

Dear friends,

At last God has given us a relief and we have won the Case at Madurai for 5 years Notional credit. The judgment confirmed our claim in no uncertain terms and we have attached the same for your reference. 

Let me explain how we gave life to a lost case in Supreme Court. Even though we were all disappointed at the decision of the Supreme court on our claim for Arrears, none of the Executive committee members lost hope, and we discussed about the way to re-open the case with the available loop hole in the judgment, where the judge has relied upon the 5 years notional credit payment ( which was actually not paid) to decide the case against us. We consulted many legal luminaries and also retired Judges of Supreme court, to find a way to bring the case back to the legal forum. These things happened in spite of the criticism thrown by many that we lost the case because of inefficient handling. We remembered the proverb that the "winner has many but the looser has none". Keeping this proverb in mind and with the support of so many members who were with us we continued to find out a way out to come out of this loss. 

God was with us, He gives us what we deserve and only after getting from us what He wants.Now I would explain all of you the way we wriggled out of this complex situation. 

We asked all the members to send letters to the management for payment of 5 years notional credit. 

We wrote to the management to pay the 5 Years notional credit to all the SVR optees.

We wrote to the ministry to make the payment. All these actions were planned to give pressure to the Management to reply. As expected, they did not reply. 

Quoting this we wanted to go to the court and ask the court to intervene. But again problem came in the wake of huge pendency of cases in Madras High Court, which will delay the hearing and the purpose of our aim will get defeated. So, we found the round about route of filing case at Madurai.

But our Association do not come under the jurisdiction of Madurai as we have registered in Chennai. 

Hence we asked four members from Madurai each representing NIC,NIA,UI,OIC, to file a writ asking the court to intervene and get the payment. 

We got the order for those 4 pensioners diriecting the companies to hear them and give an order. Thus we forced the management to come out with a reply, which we know will be negative. Then we went back again to the court asking them to hear our case and give a direction to pay the 5 years notional credit payment. After the cases filed individually by all the four, as Association we impleaded ourselves in the case, thereby all the Association members would get the benefit. Since we have impleded our name came in the Respondent side.

All these actions cost so much of money and the number of times we went to Madurai is countless. 

Our Advocate Shri Parthiban took this as his personal challenge and finally he argued in such a way that now we won the case. 

Let all the criticisms be bygone, now that we have a rope to get up the hill we would use this and reach our goal.   

What next? We  are going to approach the management with a request, not to push us again to the courts and request them to refrain from going on appeal on Madurai High court's decision .

Second, we are going to approach the Seceretary for Finance and Insurance and submit the memorandum pleading the ministry to implement the decision of the Madurai High Court, without going on appeal . respecting the sentiments of the senior citizens. 

Third, we are filing a caveat petition in the Madurai High Court, to restrict the management from getting a stay order.

Let us all wait for the celebration day for justice.

with regards

Nagarajan

Nisvrrea

Dear Friends,

The Executive committee met on 4 th of May to pass the Accounts of the Association for the year 2014-2015, and after discussion and few clarification the accounts was passed unanimously. 

Second item of the Agenda was the ongoing Court cases at Madurai.

Sri A.G.Gajapathy Chairperson explained the present position of the cases in detail. The following are the excerpts.

The first and most important CASE is the 5 years notional credit case'

The above case came up for hearing on 26th of April and our Advocates Shri Parthibhan and Shri VijayShankar representing the individuals and the Association respectively explained the reasons for the present Writ petitions vide the Supreme court order dated 7 1 15 and about the Review petition which was finally rejected and consequent on the rejection, the present claim for the payment of 5 years notional credit for the eligible pensioners. 

Counsels pointed out the observations of the Supreme court Judges about the payment of 5  years notional credit and also the acceptance by the management counsel as referred by the the supreme court judges in their judgment dated 7  1 15. They also stressed the point that the whole claim for the arrears was denied only on the basis o fpayment of  this additional benefit  of 5 yrs notional credit. Our counsels  also quoted the Development officers' case where the supreme court has ordered the payment of 5 years Notional credit.

The counsel for the management stressed their argument mainly on clause 6 c of SVR scheme where the 5 years notional credit is denied.  denied The Hon'ble Judge after asking few clarifications from both of us, reserved the order.

We from our side feel that there is positive sign from the judge and hope we will get favourable order . 

The next one is our case for updation of pension pending in the Division Bench of Madurai Court. This case we have decided not to press, as of now, since the LIC Case was transferred by the Supreme court to Delhi High court Special  Bench and, hence we decided to wait for the out come of LIC case. 

Now that the 5 years notional credit case will be decided after the summer vacation, we should be ready for the next move which is 

a) If we win the management will go to Supreme Court 

b) If Management wins we should go to the Supreme Court

Either way the natural end is only at Supreme Court. The advantage for us is that we will have one more chance to open our case in Supreme Court and get a favorable judgement.

For all the above we need Financial Strength and after thorough discussion the E.C. decided to collect funds from the members fixing rupees 1000/- minimum since we have spent all the legal fund and also from the Subscription Fund and the funds we have now in FDs are very minimum and the interest we get from that is not even enough for meeting the day to day affairs of the Association we request all the pensioners who are willing to contribute more and make our case a success. .

In the history of the pensioners fighting for the right , I feel this is the only occasion where a lost case is taken back to Supreme court for a fresh hearing. This was made possible only because of GOD'S  willing and grace and of course because of the tireless work of the Association and finally your co-operation. 

Hence please let us not miss this chance for want of funds. 

Donate liberally  and let the fight continue and make it a success. 

Our Account details are given below and do not forget to send mail about your PAYMENT DETAILS EITHER BY MAIL OR BY SMS.TO MY NO 9444321613. 

NISVRREA 

BANK OF INDIA A/C NO: 801910100011930 

IFSC CODE: BKID0008019 

USMAN ROAD BRANCH T.NAGAR

Please note that maximum possible, you send the donation through the representatives, so that they will send the money with the list of contributors which will enable us to issue receipt. Please do remember to pay your due subscription with the donation for Legal fund. 

With regards

Nagarajan

Nisvrrea

Dear friends,
The D.A. increase for the next 6 months will be 62slabs.
with regards
nagarajan
nisvrea

dear friends,

There were lot of queries from members about the position of our case at Madurai.

we were only waiting for something to improve and it takes longer duration to get some action done in any of theHigh Courts in India. The worst affected by the increasing vacancies of the Judges and non appointment of the same is Chennai High Court. Out of aroung 70 judges only around 32 are there and out of these judges 8 judges are going to Madurai bench on rotation. Hence threre is much of a delay in disposing cases. The courts are concentrating only on admissions. And to bring cases before courts for trial is nil in numbers. Even writs for impleading are not taken by the Courts

We are trying our maximum to get our case listed but even when listed it is not heard by judges since admission cases are more in numbers and by that time they finish admissions there is no time for trial cases. 

While the above is the position in courts we are unable to get our work done and maximum patience and constant followup is necessary for moving our cases. 

Let me come to the present status of our cases in Madurai. 

The first case is for 5 years notional credit and the second one is for pension updation and that is before Division Bench .In the first one, for 5 years notional credit, since in Madras High court the delay is unlimited we decided to take our case to the Madurai Bench of the Madras High court and we filed four petitions by individuals from 4 companies, the reason being the Association has no jurisdiction. We got order from the Court asking the management to consider our demand after personal hearing. As directed by the Court the Management called the four employees and after discussion gave an order in writing that they will not be able to pay the 5 yrs notional credit. 

So we went again to the Madurai Court and filed a petition for the four employees and the court gave 4 weeks time to the management to file the counter. In the mean while we wanted to implead in the case so as to get the benefit to all the emplplyees. The impleading petition of the Associtation was admitted on 8th of January 2016. 

Now the procedures are fininshed we are expecting the court to give a date for hearing, when we will get some order. 

I feel you would have understood the position by now about the 5 yrs ntional credit case at Madurai. 

The second one is for the long term benefit of the pensioners and it is pending the Division Bench of the Madurai Court. and it may come for hearing this month. and we are prepating ourselves for the trial. 

Friends, for all these thing we had to visit Madurai court for more than 8 times and the expenses are increasing which includes the payment of fees to the Advocates. Now we have reached a stage where we are not able to meet the expenses as our financial position is very weak we are now appealing to all the members to contribute liberally and requesting you to pay the subscription dues immedietely and otherwise we will get struck and may have to leave the fight. Please understand that we have spent much of the money from subscription which is against the provisions of the Act under which we have registerd our Association .

Please do understand and contiribute to your local representatives so that they will collect in total and send us the money. 

We will be also touring your places to explain you in detail so that all doubts can be clarified. 

Speciaically i will plead with those people who are going to be benefited by the 5 yrs notional credit to contribute more so as to keep the fight in court moving and find a decision. 

with regards

nagarjan

nisvrea  

Dear friends 

We are getting quieries about the case on pension for who served less than 20 years and came out on svr option, from our members who are benefited by the decision of the Sup. Court on the cases we fought under the individual names of 6 people. 

The position is clearly given downbelow.

We have won the case in Supreme Court in 2014 and the basic case petitioners from Chandigarh got the pension but the members from Chennai who got in to the case as interveners did not get the same because of the stand taken by the management in this issue, to get order from the High court directing them to pay. 

In the meanwhile many members wanted the Association to take up the issue and consequent upon taking the issue the management insisted an order in the name of the Association so that they can pay all the affected retirees. Hence we took up that issue in the Madras High court hoping to get an order at the earliest as it is a matter of a days hearing after notice to the Management. But unfortunately the because of the less number of judges in Madras High Court due to the large number of retirements and there was no fresh appointment because of the NJAC decision, 

We are moving hell and heaven to get the case listed and every time it is listed it is not reaching the hearing stage. Now that in theHigh court more judges are retiring we are not able to bring the case as we wish. Please wait for some time and it is expected that by March 16 judges will be appointed and we expect the case to come up and we will get the order immedietely. 

Friends, please remember the team here in Chennai is fully aware of the difficulties of the reitirees and their anxiety. We are constantly following it up. We will succeed and come back to you at the earliest. 

Like wise, we are also trying to get in to the cases of Dev. Officers for their 5 years notional credit and will be able to come back once a concrete step is taken.