Sunday, August 14, 2016


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 12th 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

11 comments:

Pramod Srivastava said...

PUNE

Hi, I have gone through SVRS-2004 Scheme and I would suggest that following very important legal facts should be discussed before the Hon'ble Courts.

Clarification that ex-gratia will be paid on the revised Pay Scale basis was not written at a common place or in the General Conditions column of SVRS-2004 Scheme, therefore, this clause is not an exclusion clause, instead the same is an inclusion clause and the same clause cannot be made applicable to entire SVRS-2004 Scheme. Since the same clarification was written in the heading of 'ex-gratia' only, therefore, this clarification was meant for payment of ex-gratia only. However, this clarification fixed the last drawn salary of the SVRS-2004 retiree on his/her date of retirement from service. Further, 'only ex-gratia' word was never used in this clarification clause.

The same clarification was not required for payment of statutory retirement benefit schemes such as pension, gratuity, leave encashment etc. which was to be paid on the last drawn salary basis and there cannot be two different last drawn salary on a particular date of retirement of the same retired employee. Therefore, it is an immoral and fraudulent act that the respondent Insurance Companies have implemented two different last drawn salary on a particular date of retirement of the same retired employee i.e. one last drawn salary for payment of ex-gratia amount on revised Pay Scale 2005 basis and another last drawn salary for payment of statutory retirement benefit schemes such as pension, gratuity, leave encashment etc. without the same revised Pay Scale.

No VRS Scheme such as SVRS, SVRP, GOLDEN GATE SCHEME etc. can supersede or amend the statutory retirement benefit schemes. Therefore, all the statutory retirement benefit schemes must be paid as per the respective schemes only without any discrimination of employees.

SVRS-2004 Scheme provides pension as per General Insurance (Employees') Pension Scheme 1995 and the same Pension Scheme 1995 does not prescribe at all that if a VRS Scheme is floated and offered by the employer and the employee accepts an ex-gratia amount under the said VRS Scheme as compensation to retire from service immediately, the Pension Scheme 1995 will be implemented in an amended form curtailing the benefits of pension to recover this ex-gratia amount. If the intention was to curtail the quantum of monthly pension, the respondent Insurance Companies must have amended the statutory General Insurance (Employees') Pension Scheme 1995 first and only before implementing any VRS Scheme. Therefore, the method used by the respondent Insurance Companies to curtail the benefits of statutory Pension Scheme 1995 is illegal, immoral and fraudulent.

Since all the benefits of statutory retirement schemes are to be paid on last drawn salary basis, we should insist the Hon'ble Courts that there cannot be two different last drawn salary on a particular date of retirement of the same retired employee, the Hon'ble Courts itself may kindly decide and fix last drawn salary of the retired employees. Once it is done in a justified manner, all the disputes will be over automatically.

Continued...

Pramod Srivastava said...

Continued...

We should further insist the Hon'ble Courts may kindly decide whether SVRS-2004 Scheme is a voluntary retirement or not? Whether pension is payable at par with those employees who are also retired as voluntary retirement under Paragraph-30 of the Pension Scheme 1995? If Paragraph - 30 is not applicable to retirees of SVRS-2004 Scheme, then which Paragraph of the Pension Scheme 1995 is applicable? And even if SVRS-2004 Scheme is not a voluntary retirement, then how Golden Gate Scheme-2009 has been treated and paid as voluntary retirement (Paragraph-30 of the same Pension Scheme)? Whether Golden Gate Scheme-2009 has been treated and paid differently because the beneficiaries of this Scheme are top management Executives of the respondent Insurance Companies.

Please also refer to other facts which I had discussed earlier on this website.

Pramod Srivastava, Development Officer (SVRP-2003)
09823 728526, 098220 92647.

Pramod Srivastava said...
This comment has been removed by the author.
Pramod Srivastava said...
This comment has been removed by the author.
Pramod Srivastava said...

PUNE

Sir,

Most Important Legal Fact in Pay Revision case (both SVRS-2004 Scheme & SVRP-2003 Scheme).

All the VRS schemes of SVRS-2004 (administrative staff/officers), SVRP-2003 (development officers) & GGSVSO-2009 (Executives of top management) provide pension as per General Insurance (Employees') Pension Scheme 1995 subject to eligibility, and the eligibility criteria for any VRS is defined only in Paragraph-30 of this Pension Scheme 1995 and no other Paragraph of this Pension Scheme can be made applicable to retirees of these VRS Schemes.

General Insurance (Employees') Pension Scheme 1995 has no provision which defines SVRS, SVRP or GOLDEN GATE SCHEME differently and therefore, does not allow different payment of pension to retirees of different VRS Schemes as all such retirees are similarly as well as voluntarily retired under Paragraph-30 only. As per this statutory Pension Scheme 1995, retiree of any VRS Scheme is to be treated as voluntary retirement and is covered under its Paragraph-30 only. Paragraph-30 of this Pension Scheme 1995 does not exclude any VRS Scheme. Further, this Pension Scheme 1995 has no separate or specific Paragraph for any VRS Scheme viz. SVRS, SVRP, GOLDEN GATE SCHEME etc.

Continued...

Pramod Srivastava, Pune
Development Officer (SVRP-2003)
(M) 09823 728526 (M) 098220 92647.

Pramod Srivastava said...

Continued...

Therefore, all the payments made to Executives of the top management of the respondent Insurance Companies retired under GOLDEN GATE SCHEME (also a VRS Scheme called GGSVSO-2009 Scheme) viz., additional qualifying years of service for determining the quantum of pension & commutation of pension (notional benefit of 5 years) and all the statutory retirement benefit schemes including pension on revised Pay Scale basis are either legal and within the framework of statutory Pension Scheme 1995 or alternatively it is illegal and is violating the same statutory Pension Scheme 1995. If such payment made to retirees of GGSVSO-2009 Scheme who are Executives of top management is unlawful and illegal, then an FIR must be lodged immediately for committing SCAM of Pension Fund by the Trustees of the same Pension Fund through mismanaging this fund in favour of Executives of the respondent Insurance Companies and all such illegal payments already made must be recovered with heavy interest and penalty from such Executives (top management). However, if such payment to retirees of GGSVSO-2009 Scheme is absolutely legal and is within the framework of statutory Pension Scheme 1995, then the same payment must be made to retirees of SVRS-2004 Scheme & SVRP-2003 Scheme also along with interest @ 24 % per annum and heavy penalty and compensation for torture to be borne by the respondent Insurance Companies.

There cannot be different interpretation or meaning or scope of payment under the same Paragraph-30 of the Pension Scheme 1995 for retirees of GGSVSO-2009 Scheme and different interpretation or meaning or scope of payment for retirees of SVRS-2004 Scheme or SVRP-2003 Scheme. It is unlawful discrimination of pensioners and violation of Article-14 of the Constitution of India.

Continued...

Pramod Srivastava, Pune
Development Officer (SVRP-2003)
(M) 09823 728526 (M) 098220 92647.

Pramod Srivastava said...
This comment has been removed by the author.
Pramod Srivastava said...

Continued...

It is relevant that no separate or any other Pension Scheme is available for Executives (top management) of the respondent Insurance Companies and only General Insurance (Employees') Pension Scheme 1995 is applicable to all employees/ officers (including top management Executives) similarly and the only statutory Pension Scheme 1995 and its single Pension Fund is created by all cadres of employees/officers/ executives by similar contribution and transfer of their own money to the same Pension Fund in lieu of Employers' Contributory Provident Fund (CPF). This only Pension Fund is created for proper implementation of the statutory Pension Scheme 1995 without any violation or deviation of this Pension Scheme. Since the Executives (top management) have not contributed a single penny more than other employees/ officers have paid to this single Pension Fund, this Pension Fund cannot be mismanaged in favour of Executives (top management) of the respondent Insurance Companies to pay higher amount of pension and additional pension & retirement benefits to them.

Therefore, all the payments already made by the respondent Insurance Companies under GOLDEN GATE SCHEME (GGSVSO-2009 Scheme) to top management Executives, cannot be denied and must be paid to retirees of other VRS Schemes viz. SVRS-2004 and SVRP-2003 along with heavy interest and penalty/compensation immediately. And if the same payment is denied by the respondent Insurance Companies to retirees of SVRS-2004 & SVRP-2003 Schemes, then it is a transparent case of SCAM of Pension Fund through clear violation of the statutory General Insurance (Employees') Pension Scheme 1995 and the Hon'ble Courts must take serious action against the respondent Insurance Companies immediately for illegal diversion of Pension Fund in favour of Executives of the top management. This SCAM of Pension Fund in PSU General Insurance Companies must be stopped urgently and the Authorities as well as the Trustees of this Pension Fund responsible for this SCAM must be punished suitably.

Pramod Srivastava, Pune
Development Officer (SVRP-2003)
(M) 09823 728526 (M) 098220 92647.

Pramod Srivastava said...
This comment has been removed by the author.
Pramod Srivastava said...
This comment has been removed by the author.
Pramod Srivastava said...

PUNE

Sir,

There are various legal facts in favour of VRS retirees of PSU General Insurance Companies. But the most important and authentic legal fact is that if the respondent Insurance Companies really wanted to exclude certain benefits of General Insurance (Employees') Pension Scheme 1995, then the respondent Insurance Companies must have lawfully amended the statutory Pension Scheme itself first and only before implementing any VRS Scheme such as SVRS-2004, SVRP-2003, GGSVSO-2009 etc. The respondent Insurance Companies deliberately with fraudulent intention did not do this only to accommodate top management Executives (retirees of GGSVSO-2009 Scheme) later on to pay higher amount of pension, additional qualifying years of service (notional benefit of 5 years) and all the statutory retirement scheme benefits on the revised Pay Scale basis and therefore, GGSVSO-2009 Scheme is an evidence to prove this. However, the respondent Insurance Companies did not realize while doing so that the same Pension Scheme has also no separate or specific Paragraph for GOLDEN GATE SCHEME (GGSVSO-2009) in the manner it has no separate or specific Paragraph for SVRS or SVRP. The respondent Insurance Companies also did not realize that General Insurance (Employees') Pension Scheme 1995 and its Pension Fund is in lieu of Employers' Contributory Provident Fund (CPF) belonging to the pensioners themselves and the respondent Insurance Companies are only Trustees of this Pension Fund and the Trustees have no right to mismanage this Pension Fund in favour of top management Executives (retirees of GGSVSO-2009 Scheme). Therefore, the respondent Insurance Companies are now caught red handed doing fraud with our common Pension Fund applicable to all employees/officers/executives similarly. All the statutory retirement benefits must to be paid to all the VRS retirees viz. SVRS-2004, SVRP-2003, GGSVSO-2009 similarly or alternatively any additional payment made to retirees of GGSVSO-2009 Scheme is to be recovered along with heavy interest and penalty treating the same payment as SCAM of our common Pension Fund by the Trustees of this Pension Fund and the respondent Insurance Companies.

Pramod Srivastava, Pune (SVRP-2003)
(M) 09823 728526 (M) 098220 92647.