Dear friends,
It is an year after we are publishing a post in our NISVRREA, i don't know, how many of you have lost contact through this Blog. Any way, the loss of our  fight in 5yrs notional credit case at Supreme Court has put our morale a bit down. But we did file the  Curative Petition for the Salary Arrears Case of 2015, but it also failed to bring any result and got dismissed.

Now that we have other two cases, one is for our SVRS retirees who opted for pension but did not complete 20 yrs service and failed to get the proportionate pension and another is for pension updation for all the Retirees.

We are now concentrating on these two cases but our service to the Retirees on other problems, relating to non receipt of pension and other Med-Claim matters are going in full swing. 

Now that the unknown enemy Corona Virus is affecting all of us and throughout the world. We would request you to keep yourself confined to Home and take care of your health and also the family.

The Renewal date for the GMP has been extended twice and we are expecting the management to extend further upto May 15, as the Government has issued G.O to extend the date of renewal of Health insurance policies to May 15.

Don't wait till that date, and try to pay the premium before that so as to ensure our cover safe.

with regards
V.A.NAGARAJAN
NISVRREA

Dear friends,

We have been working for the SVRS 2004 Retirees from the date of our SVRS in 2004, when all the Unions and associations have betrayed us, in getting the Arrears for the period we actually worked. These so called Organisations who project themselves as the pioneers of protecting the Working Class have ditched us, by a clandestine understanding with the Management, who were for, giving us the legitimate Arrears, got that portion of amount to their share, thereby getting more percentage of increase to the employees who were in service that time. We were never against the serving employees but denying one section of employees who worked in the industry and got out of the industry, enabling the industry to reduce the management expenses and survive, at their instant and giving the other is not good. The SVRS was not our demand, but an offer from the Management to reduce manpower and get stability. Afterall we have worked for more than 30years in average to bring the industry to a respectable level. 

The organisations of unions and associations forgot our sacrifice and driven us to the courts, where even after a struggle of 15 years, when no unions or Association of officers, not even thought of us, but treated us as enemies when we visited the offices. Now All these, are things of the Past.

Why we are bringing these to the memory of our members is because some of our members, taking side with some Whatsapp group, accusing us that we are preventing them from getting some benefit by filing a contempt petition in Supreme court, on our case of 5 years notional credit, which we lost recently in 2018, by not giving NOC from our Advocate in Delhi. Many mails  and  whatsapp messages were sent to us to give the same to them, as if we are standing on prestige. 

Now let us come to the reasons for our hesitation in giving the NOC to the Group which came up recently in and around Pune. 

Before explaining the reasons we would like to enlighten our members about the term Contempt in the legal language. 

In any  legal case, Contempt comes only when the Court orders some benefit to be paid and the same was not honored by the other party, and it becomes contempt. 

In our case of 5 years notional credit, there is no order to pay any money to the Association, where as it is contrary that we have no right to claim the notional credit. 

Then where comes a Contempt? So when there is no Contempt, we initially decided, not to give any NOC. 

The Whatsapp group, is claiming that it would get 100% PF to all the SVRS optees, by filing the contempt case in Supreme Court. Initially we were taken aback by this claim, and again and again we went through the judgment and could'nt find any reason. We discussed with our Advocates and we got rebuked, not to waste their time. 

We should explain that pension is only a second benefit which we got by surrendering our Company's contribution to PF, to create Pension Fund, so as to enable the company to pay Pension as second benefit, and it is optional. Those who opted  for PF got their own contribution and company's contribution to PF as their retiral benefit. Those who opted for pension got their own contribution to PF and Pension as their retiral benefit.

Now where is the question  of getting 100% PF comes, when you have already given consent to part with the Company's Contribution to PF to create Pension Fund, so as to get Pension at the time of Retirement..

Is there any directive from the Supreme court in its part of Judgment para?

All Judgments have five parts. 1) Prayer of the petitioner 2) Argumments made in favour of the Petitioner's prayer 3) the counter arguments by the  Respondent to deny the claim of the Petitioner. 4) Judges will give their reasoning for taking the decision by quoting different case laws 5) Court's Order(Judgment). A Contempt case comes only on part 5 of the judgement when it is not honoured by the Respondent. Is there any contempt?

Please think aloud whether there is any contempt here and then go with the Whatsapp group  which is canvassing for contempt. We have the responsibility to explain our members the reasons and we have done so. 

We discussed in our EC, and the EC decided to give the NOC to the Group or individual who desired to file a contempt, and accordingly we instructed our Advocate to give the same when approached. 

Why we gave NOC is because a section of our members were requesting us not to stand on prestige and give the NOC.  

Even though we are in principle disagree in filing a contempt case, just to prove that we are not standing on prestige, but with a strong appeal to our members, that there is  no contempt in this case and don't fall to the misguided idea.

with regards

nagarajan

nisvrrea  

Beware

Dear friends 

We are receiving calls and mails about some postings forwarded by some other groups about a contempt petition to be filed in Supreme court on the lost case of 5 years notional credit. It seems they are also collecting money to file the same. 

We will be failing in our duty if we don't caution our members about the above.  

1)We would like to first explain you about when we will contempt arise. It arises only when the order of the court is not honoured. In the 5 yrs notional credit case, there is no directive to pay us anything. Hence contempt will not arise.

2) These messages emanates from one Mr Pramod srivatsava's group, and they criticize us for not filing contempt on this 5yrs notional benefit case. He is promising that by filing this contempt he will get the Provident fund contribution

Which was transferred to pension fund when we opted for pension, which is so absurd. Moreover we have given our consent to transfer the co's contribution of PF to Pension Fund.

3) The latest, these people from Pune has approached our Advocate at Delhi to part with our type set of the case and also a no objection certificate from him. Our Advocate has rightly asked them to approach Nisvrrea and asked them to get our consent. The contempt petition they have shown to him was by some individual from Kerala whom we do not even know and he is from United India, whereas we don't have any member by that name in United India Kerala

. 

4) Now they are sending messages, the latest, that they will go to the extent of taking legal action against us, if the Registrar do not allow contempt petition.

First and foremost the basic courtesy for them is to approach us, which they have not done. They should not approach our Advocate for NOC in our case of 5yrs notional credit. Moreover there is no case of contempt at all in our case of 5 years Notional credit.

So please don't be taken away by these luring statements and beware you will loose money and peace of mind.

We never get into controversies. But here we are duty bound to explain and hence this maiWith regards

Nagarajan

Nisvrrea

Latest news

Dear friends,                                                                                                     17/3/19

After the General Body meeting, immediately we issued one circular, which was sent to all the e mail recipients, but not individually posted to members for want of time and people to help. 

As we have finalized our Curative petition and consultation with experts are in the process and many developments in the industry has come and other matters relevant to us have cropped up, it has become imminent to share with you all the information, hence this circular.

Let us go through the developments one by one.

1) The present Government has issued a note sanctioning in principle one more option for the PF optees to join the 1995 pension scheme. Now the insurance companies have to prepare a detailed note to the ministry about the mode of implementation in detail and then the ministry will come out with the Gazette notification. So this will take more time, we should wait to assess the pros and cons. 

2) The Mediclaim renewal is now due and all are requested to pay the premium before March 29 th.  One more final option for Retirees to join the Scheme is now allowed and the companies have also allowed inclusion of new members of their family whether dependent or independent.

There is also option to increase or decrease the coverage by one step, only if you have any fresh addition or deletion of family members.

3) One favorable news is that the RBI employees have achieved the pension updation prospectively but the Government has rejected one more option to the Pension Scheme. At last, the present Government has taken a good initiative to give them the long pending demand of Pension updation.  

This move of the Government has given hope to the working class in Banking and Insurance sector to get the Updation of pension. Any way, we have a pending  Case in the Division Bench of  the  Madurai  High Court for pension updation, and it is kept pending, waiting for the result in the LIC supreme court case for which the final hearing is likely to be in this month.

4) Our Association’s Court case, for those who opted for Pension but served less than 20 years, is expected to be listed in Madras High Court soon, may be later this month.  We are following it up for a favorable result. 

5) Restoration of pension for all the SVRS retirees will be done on time and all the insurance companies have almost finalized their work and National and Oriental will get their restored pension in April 2019 and for United India and New India it will be in May or June 2019 depending on their relieving date. Please note that there is no necessity to give another life certificate.  

6)Our prolonged communication with HITPA and Companies have resulted in getting online access to our data on GMP, which is very handy. We expect some more facilities in the days to come. Also we represented to the companies for some betterments in GMP to help both retiree and existing employees

Please send this circular through e mail to all the members as far as possible as we have dearth of helping members, as they are all growing old and not able to assemble at one place to send circulars individually.

Friends, one important point we would like to mention here is, when the complete administrative instruction comes out for option of pension, think twice before opting. as the money you have to pay will be huge. For those who retired after 2002 it may be beneficial, but for those who came on SVRS you have to think twice since we are governed only by the 1995 scheme. Beware, a)the commutation amount will be less as the multiplying factor is less b) for commutation, age next birth day will be taken. Now it is 15 years since we came out, most of us will be around 70.So study thoroughly and then opt for that.   Of course, we will definitely come out with a detailed circular, once the Administrative instruction comes out.

Last but most important

“Please go out and Vote to elect a new Government on the day of Election”

With regards

V.A.NAGARAJAN

GENERAL SECRETARY

Dear friends very sorry it simply got out of my mind to post this G.B circular. but better late than never.                                                                                                                                 Date: 21-01-2019

The Eighth General Body Meeting went off very well and the attendance was so good and encouraging and participants enjoyed the presence of their colleagues and there was very good interaction on many subjects. The following are the important points emanated from the Meeting.

We started the meeting with prayer by Smt. Saraswathi Murali and Smt.Jayamangalam. Then 2 minutes silence for the departed souls was observed.

Our President welcomed the gathering and insisted that this type of meeting will give a boost to the loneliness many people feel due to the absence of their wards  for various reasons and compulsions prevail now, because of the competitive world we live in.

The audited Accounts for the years 2015-16, 2016-17 and 2017-18, was presented by our Treasurer M.K.Murali and was  passed unanimously by those present in the meeting.

We also adopted a resolution to take Shri. Raghunathan as Assistant Treasurer, and add two committee members Shri.T.A.Srikant and Shri. B.N.Narasimha murthy,

Our General Secretary, gave a clear picture about what transpired in the Apex Court during the arguments and explained how it raised the hopes of getting either the Notional Credit or the reopening of our case, but unfortunately lost the case. Then It was explained that after thorough discussion in the Executive Committee, a proposal was made to file a Curative Petition, which was the only remaining source in the Legal forum, to exploit. He also said that since the Curative Petition will be considered by circulation among Three Senior Judges of the Apex Court and as the Judges who gave the  controversial decision in our case have already retired, we have good chance of getting a favorable decision. All the members approved the proposal overwhelmingly and gave consent to move further.

The Secretary also explained the problems faced by members  in getting I D cards and cashless settlement from the new TPA-HIT, and asked the members  to  wait for some more time as this formation of HIT is a long time demand achieved after very long wait. Our Secretary met the HIT officials at Delhi even before our General Body and discussed the problems we face. The officials, posted from our own  companies, are working with the sole interest of welfare of the employees and especially retirees, assured us to solve each and every issue, but sought time.

Then Dr. Rajagopalan our Joint Secretary, spoke about the achievements of our Association, in a very detailed manner like getting arrears for those in Karnataka, who came out late on Svrs and many other issues, and also about the pending issues we should attend like the issue of, stagnation increment of Dy.Managers, in United india,

Shri. Limayeji, from Pune appreciated the unstinted effort of our Association in getting the legitimate claim for arrears and assured us the full co-operation in our further actions not only in this case for all other issues pertaining to the welfare of the pensioners.

Shri. Venkatkrishna, from Bangalore explained the reason why we should go for the Curative petition, quoting many flaws in the judgment, which contradicted its own statement, and said we have enough points, which will appeal the Judges who will scrutinize our Petition.

Shri.Nagaraj from United India, remembered the struggle we did in the beginning to get our Salary structure which was, one of  the best at that time, and pleaded with members to  give strength to the Association by being together.

Shri. Manekchand Saklecha of National, spoke very nicely by explaining ‘Hope’ is the best medicine for the ailing person and like that the ‘Hope’ we have to get the positive result will guide us to the final success. His speech and his encouraging words got thundering applause and the crowd came to life by his  approach to  the present situation.

Shr.Anand Raj from Madurai wished our Association, for the success of our case and assured full co-operation from their centre.  

Representatives from other centers attended the meeting in good strength, not only from Tamil Nadu, but also from Karnataka, Orissa, Pune, Mumbai and Nagpur. Our Kolkatta, unit representative could not attend the meeting but sent greetings for the success of our Meeting.

 Shri. Venkitachalam from Mumbai, assured us the full support from his centre and thanked the Association for taking up matters of the Pensioners and solving it in time.

Finally our Chair  person consolidated the whole program in his own style, calm and composed way,  explaining, how the formation of this Association took place and in a short period grew in leaps and bounds, and about the struggle we took to bring the case up to the Apex Court, twice, which no other Unions or Associations would have even thought of. He appreciated the work done by the Office bearers and committee members in bringing the Association to this level, and ended the speech with a quote ‘ SERVICE TO MANKIND IS SERVICE TO GOD’.

We also got greetings from other centers like Mysore, Hubli, Mangalore, Jaipur, Ludhiana and Delhi. Due to ageing factor and for personal reasons many representatives could not  attend. Any way with their greetings and whole hearted support, our Meeting went off very well.

Vote of Thanks was delivered by our Vice President Shri Vijayakumar.

After National Anthem, delicious Lunch was served which every one enjoyed and dispersed.

V.A.Nagarajan.

All India General Secretary

GENERAL BODY MEETING NOTICE                         DATE: 22 /12/18

TO ALL MEMBERS :

WE ARE GOING TO HAVE OUR EIGHTH GENERAL BODY MEETING

ON SUNDAY THE 20^th JANURAY 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

               2015-2016. 2016 – 2017 AND 2017 - 2018

                                 

2)       DISCUSS ABOUT THE FURTHER COURSE OF ACTION

IN OUR PENDING CASES

3)       DISCUSS ABOUT RESTORATION OF COMMUTED PENSION

4)       DISCUSS ABOUT THE FINANCIAL POSITION OF THE ASSN.                      

5)       ELECTION OF OFFICE BEARERS.

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

    LUNCH SHALL BE PROVIDED AT THE END OF THE MEETING.

    PLEASE COME PREPARED WITH  SUBSCRIPTION ARREARS

WITHOUT FAIL

V. A. NAGARAJAN

GENERAL SECRETARY

Friends

It is very sad that we lost our case today. But our efforts were full and sincere. It happens once in every one's life. But it happened twice. Elders say that every move of the Almighty has some meaning. I thought it is right when we lost in 2015 and we were shown light in filing this case. And we brought this case again to Supreme court. We even boasted ourselves that we had the strength to do it, which no other Association would have even dreamt of.

We struggled to bring it and I personally thought God's action has always has meaning. Now with the result of our case is out today I wonder whether the wordings of elders are true. 

Life goes and we experience plus and minus throughout our stint in this world. 

May God give us strength to take this type of failures.

Many in our association sent messages not to loose heart, and a few called me and shouted at me that i have miserably failed and would never forgive. One thing is sure that each one of our office bearers and executive members worked with utmost sincerity for the past 14 years going through out India to collect subscription and Legal fund, suffering with the climate change and change of food habits, leaving aside their personal agenda, with the only aim that the intention of the Management and selfish attitude of the then Union/Association  heads' should be defeated and we should get our Arrears. The one point Agenda only made our Nisvrrea alive and we sustained for 14 years, which no other Pensioner's Association  can dream. But unfortunately we lost our fight. You all may think the major fight is over and there is nothing more for us to have an Association.

No, please don't ever think like that. The present attitude of the Unions and Officers Associations' have become more selfish, and moreover the Government's and the top Court's attitude are finance centric. we should be more vigilant to oppose any future moves by these people, if it goes against us. The messages I received from most members gave me the strength to sustain the shock and dismay over the Judgment. Then I thought Nisvrrea has to continue its presence and address the problems of the pensioners. This case is only a part of our actions. But there is more to serve pensioners. The next fight on line is to concentrate on for people who retired under SVR scheme with less-than 20 years service, and for pension updation, cases pending in Chennai and Madurai. The above are major points pending in Court. Of course, we should help pensioners in getting their 1/3 commutation basic in March 2019.

For all the above do we the middle class pensioners,aging day by day,have strength?

The answer is, What Response you people give for the leadership and the selfless work given by the Office bearers and Executive Committee members.

Yes we will meet in our next General body to be fixed in November or early December to chalk out 'What next'. 

Me and our team still feel that we should never loose heart and every year of aging should bring all of us more youthfulness and strength to enjoy our life and fight for our rights.

Last but not the least, I thank one and all, on behalf of my Team, who gave Whatapp support, and telephonic calls to get out of my shock and disappointment over the Judgment with folded hands.

Thanks very much friends,

nagarajan

Nisvrrea.