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.

Dear friends
after a long wait at Delhi for the case, at last amidst all ambiguities our case came up for final hearing on 27th of September. at around 12 35 pm. We started explaining our case with our Advocates Sri. Goutham Narayan and Senior Advocate Sri. Guru Krishna kumar, and we finished our arguments by 3 15 pm. after that representing the companies Sri. Rakesh Dwivedhi and Sri Jaideep Gupta started their counter arguments and finished at around 4 pm. Then we requested the Bench to extend time, so that we can finish our defence and willingly the Bench sat and we finished our arguments at around
4 10 Pm.  Then the Bench rose for the day with an announcement that the judgment is reserved.

friends, we have been struggling for this  day for a long time and our members continuously praying for the hearing and we succeeded because of the perseverance we shown and the support of our members.

Now every thing is left to the Almighty and let us wait for the result.

Nagarajan
GENERAL SECRETARY.

Dear Friends

Our case is coming up for hearing on 5 th Sep, ie tomorrow and listed 5 in no. It is really a long time and tiring for us to face this case in High Courts and now in Supreme Court. Adjournments after adjournments. We get a feeling that this way or that way let us get some result. It is very difficult to go on wait with expectations for more than 14 years that some thing wil come. There are people who are in dire need and there are people who has a feeling that some thing should come to add to their savings so that their remaining part of life will be with some comfort or more comfort. The second category is much less in numbers.

What to do. I always feel that all these happenings are only for good and God did show a way after losing the case in 2015. But after all we are human beings, patience goes and comes.

I am leaving for Delhi today to have conference with the  Senior Advocate and tomorrow by afternoon the case will come up for hearing. Let us all pray the Almighty for a good result. Prayers of all of us will definitely bring good results.

Let us end this legal ordeal with  a positive note that the law of land is still truth ful to the litigants.

I only  expressed my state of mind to share with one and all who were and are with us the Executive Committee members at Chennai and also at different units throughout India.

May God be merciful with us.

with regards

nagarajan

NISVRREA

Dear friends
our case at Supreme Court is posted to 9th March 2018.
We have more time to concentrate on collecting details of those who are eligible for 5yrs notional credit and also strengthen our financial position.
Let us wait and work on further steps to be taken.
nagarajan

Dear friends

Justice should never fail. In our case it failed but there was some light to prove that Pro-verb. We worked with full faith in the Almighty.

That seems to be paying Dividend in our Case. There were many criticisms, many appreciations and most of the members were reluctant to continue with this case. But the whole  team of our Association stood with the leadership and now we have a positive response from the Supreme court Bench which heard our Case.

Normally for admission the Bench will give only 3 to 5 minutes and dispose of the cases. Fortunately for us the Bench consist of Honorable Judge Kurian Joseph and Sri Sadananda Gowda gave 30 minutes and patiently heard our argument for 21 minutes and the management was given hearing for 8 minutes. the only question raised was whether the management is prepared to release the 5 years notional credit or not. They said no. We placed before the Bench the case of Sri. R.P.Garg who was paid by the Oriental Insurance Co, the full pension adding 5 years notional credit. The  Bench ordered the Oriental Insurance co to submit the details of payment and also whether they are going to extend the same to others also within 3 weeks. The case is tentatively posted onn 16 th Feb 18. for fuRther hearing. 

We thought the fight was over, but God gave us the  way to continue the fight in a small way and slowly increased it and now it is in full swing.

This is our lastt chance and we should not allow any force to go out of hand. We as Association appeal to one and all to be with  us in this final journey, mentally and financially.

All those who have paid the subscription and legal fund ask others who have not contributed to contribute and those who have not paid , please pay at the earliest so to avoid your name not being included in the list of eligible pensioners.

Our Bank details are NISVRREA, 801910100011930, BANK OF INDIA , USMAN ROAD BRANCH , IFSC CODEBKID0008019.

those who send cheque please send it to the following address.

V.A NAGARAJAN,

37-A, 4TH MAIN ROAD , HINDU COLONY, PUZHUDIVAKKAM,CHENNAI  600091.

EARNEST AND SINCERE EFFORTS WILL NEVER FAIL.

MAY GOD BE WITH US.

WITH REGARDS

NAGARAJAN

NISVRREA

OUR SLP AT SUPREME COURT FOR 5YEARS NOTIONAL CREDIT.

Dear friends,
We have filed our SLP at Supreme court and the case is given the number SLP (c) 031906/2017.
Our Advocate and all the legal team members had thorough discussion on the above petition at Chennai and then our Advocate from Chennai and our Chair person along with General Secretary went to Delhi and had discussion with our Advocate on Record Sri. Gautham Narayan. The resultant is that we should be thoroughly prepared to meet any eventualities thrown at us by the management during the upcoming hearing. On the line of the above decision and at the advice of our Advocate at Delhi, we started preparing the number of eligible pensioners for 5 years notional credit, to be submitted to the Court on  demand. we also sent mails to all the members asking for the details as down below.
D O B
D O J
PENSION BASIC.
UNIT THEY BELONG TO.

All the members going through this website can send the details to the Association through mail only or by Whatsapp. The Executive Committee was convened and decided the amount of Fund to be collected for fighting the case at Supreme Court.
Amount of Legal Fund   2000/- for members and upto date subscription
Rs.5000/- for new members and 600/- as subscription.

The bank account no. 801910100011930 Bank of India, usman road Branch.
Name. NISVRREA.
the amount so deposited should  be followed by  mail or  whatsapp message with copy of the challan noting the member's name and unit.

The management of Oriental, in the meanwhile filed a clarificatory petition  in Supreme Court on the subject of 5years notional Credit and we got the Notice at the time of filing the SLP. But it was dismissed by the Registrar himself before admission on scruitny. But they went on appeal and the petition came up before Justice. Arun Misra's bench and was dismissed there also as withdrawn.
the above action of the management shows its nonrelenting attitude. But we will be patiently waiting for the hearing and we are hoping that we will win surely this time.
Of course with the help of the Almighty.

We request one and all to co-operate with us in fighting the case and make it a success. 

with regards
nagarajan
General Secretary
nisvrrea

Dear friends
After the Appeal by the Management was allowed by The High Court of Madras, we had no other option to file a SLP at Suprme Court, and after consultation with EC and also Unit's in-charge, we started the work of preparing the Draft SLP. We had discussions with Senior Advocates and judges at Chennai and also Supreme Courtn Advocates at Delhi. Now the Draft Petition is ready and we are wetting it for final submission to Advocates at Delhi for filing the same  at Supreme Court.

We took maximum caution in preparing the SLP, and took note of all suggestions and once it is filed, we should cross the next hurdle of getting admitted in Supreme court. We should engage a prominent Senior lawyer for the same. Once we get admitted the case, we will approach each and every member for financial assistance and we appeal each and every one to co-operate as this is the final chance for us to get the legitimate rights.

with regards
nagarajan
nisvrrea   

Dear friends
Our journey to defend our rights goes on a topsy turvy style. We fought the major case in Supreme Court with full vigor and strength but luck did not favor in spite of genuine efforts. After that we consulted many people in the lawyer profession and filed a case in Madurai to bring back our interest and succeeded in our efforts by winning the case at Madurai.
Management did not relish and went on  appeal and yesterday the judgment of their Appeal came as a jolt to our efforts. They won and the appeal by them against the Single judge decision. Now we are back to square one and our patience is again tested. Now it is for our turn to go to the Apex Court and seek justice.
We are awaiting the full text of the judgment and once it comes we will proceed further.

with regards
nagarajan
Gen.Secretary.

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