Dear friends,
sorry for not conveying immedietely the news about the case we filed at Madurai for the benefit of members who have retired putting less than 33 years of service.
We had discussions at our Executive committee meeting in chennai and finallised the plan for future course of action in our case after the Review petition was dismissed by The Apex court.
First and fore most we have met the CMD's of the Four compnies and have given them the letter requesting them to honour the decision of the Supreme Court by paying the 5 years notional credit to all those eligible pensioners with arrears. Four teams met the CMDs at their Head Office and gave them the letter from our Association.
In the next step we have filed a petition at Madurai branch of High Court of Madras pettiions for honouring the Supreme court order asking the management to come with their reply. on 23rd of this month. The court gave notice to the Companies to be present on 27th at the Court for giving order on the petitions files by our members.
On 27th the court gave orders to the management to come with a reply, on the payment of 5 years notional credit, giving 4 months time.
We are waiting for the order copy and once it reached we will despatch the same to the management from our side through our Advocate.
We may have to wait up to 4 months,for further action in this matter.
We are also consulting the expert counsels for proceeding further in the dismissed Review petition.
with regards and solicit your support and co operation in the above matter.
nagarajan
nisvrea
4 comments:
EXTRACTS FROM MAIL RECEIVED ON SVRS PENSIONERS ISSUE:
Dear friends,
we are getting frantic mails from people about the action taken by our Assn. in our case .
To give you people a re-cap, i am writing down below as to what is done by the Association.
As you are aware, following the judgment of the Honorable Supreme Court, we filed Review Petition seeking review of the decision rendered by Honorable Supreme Court. Unfortunately, the Review Petition was not entertained. Therefore, according to us and as of now, the decision of the Honorable Supreme Court to extend 5 years’ notional benefit under Pension Scheme to SVRS retirees is valid and the Managements have to implement the same. It is also pertinent to note that Managements have not sought review of the judgment in the Honorable Supreme Court.
As per legal advice obtained from our senior counsel, we have advised all our members to send representations to the CMD of the respective Companies seeking extension of 5 years’ notional service benefit as per Honorable Supreme Court decision and to calculate and release arrears of pension by adding 5 years’ notional service as per the provisions of Pension Scheme 1995.
As there was no response from the Companies, we have filed a Writ in Madras High Court(Madurai Branch) and obtained an order directing the Companies to pass order within 4 months on the petitions filed by the petitioners. We have also consulted a former judge of Honorable Supreme Court who has agreed with the approach taken by us and advised us to pursue the representations sent to the Managements by sending reminders. In case, the Managements fail to respond within the time limit given by Honorable Madras High Court, we will have to seek appropriate direction from the Honorable Madras High Court to direct the Managements to implement the decision of the Supreme Court in our Transfer Petitions.
We urge upon all our Members to send reminders to the Management on the petitions by 22/07/2015 – 08/08/2015.
So don't loose heart and we will find a way out to get the benefits denied, shortly.
As the High Court of Madras (Madurai) has put the Management to reply and the reply will automatically take our case back to Sup.Court. and we will utilize the chance to fight again.
Last but not the least of what we are doing for the Retirees is that we are approaching the Finance Minister for solution in our matters. We are likely to meet him during the first week of July, provided everything falls at its place.
with kind regards,
nagarajan
nisvrea
D.A. PAYABLE FROM AUGUST 2015
Index April 15. 5843.43
May 15. 5889.08
According to the D.A MAY BE INCREASED FROM AUGUST 15 . 21-25 SLABS
Pensioners will get nearly 30 slabs D.A.increase from August-15
Kindly refer our letter dated ___________ seeking your intervention for a decision to extend 5 years’ notional benefit to the members of our Association in terms of the judgment of Honorable Supreme Court dated 07/01/2015 passed in Transfer Petition Nos._T.C.Nos.7/2010 and 48/2010
We have not heard anything from your benign self. We would also like to bring to your kind attention the order passed by the Honorable Madras High Court in W.P. Nos.6435/205, 6436/2015, 6437/2015 and 6438/2015 giving 4 months’ time to the Companies to pass an order on the representations.
Under the circumstances, we implore upon you to call for the papers, examine the issues and order
Extending of 5 years notional benefit in calculating pensionary benefits of employees retired under SVRS 2004, as per the orders of Honorable Supreme Court.
To calculate and release arrears of pension from the date of retirement of employees including Commutation value.
You may kindly appreciate that about 9000 employees who have opted for Voluntary Retirement under SVRS 2004 Scheme are languishing with a meager pension amount in the present inflationary pressures. Extending the notional benefit, as ordered by the Honorable Supreme Court, will mitigate to a great extent the hardships faced by the retirees, who are eagerly awaiting for such relief in the twilight of their life- span. For such an act of kindness we will ever remain grateful.
signature
Copy to:
1. The Secretary, Government of India, Banking & Insurance Division, Ministry of Finance, New Delhi.
2. PMO, New Delhi.
On Wednesday, 1 July 2015 4:39 PM, Nagarajan Villupuram Arunachalam wrote:
Dear friends,
please find the draft representation for 5 years notional credit.
please send this between 27th of July and 15th of August 2015.
For your information this is just to put the pressure on management to come out with an answer to the court at the time of hearing after 4 months which will be likely in September 2015.
we always think and work for the benefit of pensioners, but at times it backfires, nevertheless we continue to fight. Don't ever get demoralized by losses. Be brave to fight.
with regards
nagarajan
nisvrea
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