Tuesday, June 21, 2016

6 comments:

DR.LAXMAN PRASAD Gupta said...

Thanks for updates.

RavindraKondebettu said...

Thanks for update and we are with you. Regards

Pkgarg said...

It was indeed a hard and painful journey. Let us hope good sense prevail upon our authorities and we get our due share.

Pramod Srivastava said...

PUNE, Sir, Many many congratulations for winning this case for getting 5 years notional credit in service for all SVRS pensioners. The Hon'ble Madurai High Court had no alternate law or theory to safeguard the prestige of the Hon'ble Supreme Court of India which dismisses the review petitions even without reading review petitions. Hon'ble Madurai High Court has now given a clear verdict that no SVRS Scheme or SVRP Scheme or Golden Gate Scheme or any other Scheme can supercede the Statutory General Insurance (Employees') Pension Scheme 1995 and therefore, the Hon'ble Court allowed 5 years notional credit of service as per Paragraph 30(5) of the Pension Scheme 1995. We must salute such an intelligent Judge. The Madurai High Court has opined that to deny a benefit of Pension Scheme 1995, the same Pension Scheme has to be amended first, which was not done in the instant case. Now, the Hon'ble Madurai High Court has itself opened a new door for payment of pension on revised pay scales basis only on this ground. On the same ground, we should argue in the Hon'ble Court that if Golden Gate Scheme 2009 (also a SVRS Scheme) can not supercede Statutory Pension Scheme 1995, how the same Golden Gate Scheme 2009 has paid both the benefits of 5 years notional benefit as well as pension on revised pay scales basis in addition to arrears of salary, gratuity, leave encashment etc. As an evidence, please produce Golden Gate Scheme 2009 (Paragraphs 6 & 7) to the Hon'ble Court. Either all the payments which have been paid by PSU General Insurance Companies to pensioners under Golden Gate Scheme 2009 should also be paid to pensioners of SVRS-2004 Scheme or SVRP-2003 Scheme without fail or at least additional pension already paid must be recovered from the pensioners of Golden Gate Scheme 2009. After all Pension Scheme 1995 was never amended to pay all the benefits to pensioners of Golden Gate Scheme. Very important to be noted that if Pension Scheme 1995 is silent on SVRS Scheme or SVRP Scheme, then Pension Scheme is also silent on Golden Gate Scheme. I reiterate that Golden Gate Scheme 2009 can not supercede the Pension Scheme 1995 as per Hon'ble Madurai High Court and therefore there can not be different interpretation or meaning or definition of Paragraph-30 of Pension Scheme 1995. After this Judgement, the moot question is whatever has been paid to pensioners of Golden Gate Scheme 2009 is whether within the framework of Pension Scheme 1995 or not? If answer is YES, pensioners of SVRS-2004 & SVRP-2003 are also eligible to get the same payment without fail. If answer is NO, Pension Scheme 1995 has been violated and therefore a SCAM of Pension Fund has been committed by PSU General Insurance Companies and by the TRUSTEE of Pension Fund. Further to be noted that pensioners of Golden Gate Scheme 2009 are top management officers who fraudulently diverted Pension Fund applicable to all members of Pension Scheme 1995 to their personal account in a planned manner by framing Golden Gate Scheme 2009 for themselves that too without amending the Pension Scheme 1995. Pensioners of Golden Gate Scheme 2009 did not pay single penny higher contribution to Pension Fund i.e their contribution to Pension Fund is also 10% of his/her basic salary during entire service period.

For details of law implications, please contact 09823 728526 / 098220 92647 or 020-66464472.
Pramod Srivastava, PUNE.

Pramod Srivastava said...

PUNE, Sir, Golden Gate Scheme-2009 or SVRS-2004 Scheme or SVRP-2003 Scheme provides pension as per General Insurance (Employees') Pension Scheme 1995 only and therefore any other Pension Scheme can not be made applicable by PSU General Insurance Companies while making payment of pension to pensioners of any of these Schemes.

Now, in addition to my earlier published legal solutions to our problems in getting appropriate amount of pension under General Insurance (Employees') Pension Scheme 1995, the Hon'ble Courts should be convinced that our Pension Scheme 1995 has neither separate specific paragraph for Golden Gate Scheme 2009 nor for SVRS-2004 Scheme nor for SVRP-2003 Scheme. Therefore, only Paragraph-30 (Pension on Voluntary Retirement) is applicable for payment of pension under Pension Scheme 1995. This fact stands also confirmed by the Hon'ble Supreme Court of India & Nagpur High Court Judgement (Shamsunder Khadloya Vrs. New India Assurance Co. Ltd.). Therefore, this paragraph-30 of Voluntary Retirement includes all kinds of voluntary retirement viz. Golden Gate Scheme-2009, SVRS-2004 Scheme and SVRP-2003 Scheme without fail. Further, this Paragraph-30 of voluntary retirement does not exclude Golden Gate Scheme-2009 or SVRS-2004 Scheme or SVRP-2003 Scheme at all. Therefore, not only payment of pension is to be paid under this Paragraph-30 by the TRUSTEE of Pension Fund or PSU General Insurance Companies but also same methodology for calculation of pension has to be applied for Golden Gate Scheme-2009 or SVRS-2004 Scheme or SVRS-2003 Scheme or Normal Voluntary Retirement under Paragraph-30. Therefore, different interpretation or meaning or definition or scope of payment of pension under the same Paragraph-30 for Golden Gate Scheme-2009 or SVRS-2004 Scheme or SVRP-2003 Scheme or normal Voluntary Retirement is illegal, unlawful, unethical and also violation of statutory Pension Scheme 1995. It is on record that pensioners of Golden Gate Scheme-2009 and normal Voluntary Retirement both category have been paid pension after adding 5 years notional benefit and revised pay scales. It is definitely a SCAM of PENSION FUND duly committed by the TRUSTEE of Pension Fund or PSU General Insurance Companies particularly for the reason that pensioners of Golden Gate Scheme are Top Management Officers of PSU General Insurance Companies who deliberately framed Golden Gate Scheme-2009 for themselves and transferred Pension Fund in their personal account in a very planned manner but did not realise that even Golden Gate Scheme-2009 is a kind of SVRS Scheme and it can not supersede Pension Scheme 1995 (Hon'ble Madurai High Court Judgement dated 08.06.2016).

Therefore, if pensioners of SVRS-2004 Scheme and SVRP-2003 Scheme do not get pension at par with Golden Gate Scheme-2009 or normal Voluntary Retirement under Paragraph-30 immediately, an F.I.R. should be lodged now after we have Hon'ble Madurai High Court Judgement in our hands against the TRUSTEE of PENSION FUND and PSU General Insurance Companies for SCAM and mismanagement of PENSION FUND of Pension Scheme 1995.

Thanks & Regards,
For details of law implications, please contact 09823 728526 / 098220 92647 or 020-66464472.
Pramod Srivastava, Pune.

Prof P Borkar said...

Thanks for update and we are with you.by the way I have seen the comments dt 2.7.2016 given by Mr. Promod Shrivastav. Golden Gate Scheme 2009 are Top Management Officers of PSU General Insurance Companies who deliberately framed Golden Gate Scheme 2009 for themselves and transferred Pension Fund in their personal account in a very planned manner but did not realise that even Golden Gate Scheme 2009 is a Kind of SVRS Scheme and it cannot supersed Pension Scheme 1995 ( Hon"ble Madurai High Court judgement dt 8/6/2010. An FIR should be lodged now after we have Hon^ble Madurai H.C.Judgemwent in our hands against the Trustee of Pension Fund and PSU General Insurance companies for SCAM and mismanagement of Pension Fund and Pension Scheme 1995 Our NISVRREA's executives are requested to act as per Pramod Shrivastav's LEGAL ADVICE. Let us hope to get our RIGHTS, We are not BEGGING We are victims of Pension fraud by PSU General Insurance Companies. Regard Dr Prabhakar S. Borkar (SVRS AO Legal Cell UII ) Human Rights Activits, Nagpur