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CRS Category Bankers Are Eligible for 2nd Pension Option - Division Bench of Honorable High Court of AP Gives Clear Cut Judgment
by
Rajesh Goyal
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We received a copy of the AP High Court judgement dated 8th August, 2013, a few days back. The honourable Sri Justice Ashutosh Mohunta and Sri Justice A Rajasheker Reddy have upheld the single judge order of the same Court. As I read the whole judgment, it is once again a slap on the face of IBA, which has always been working against the rights of the bankers for 2nd Pension option. Inspite of the well known dictum that Government agencies should not go in appeal on matters of service conditions, IBA has made it a habit to violate such a norm. It does not leave any chance to file an appeal against order which favours the employees / officers of the banks. In this process, it has lost on many occasions.
In the judgment the following paragraphs clearly shows that all Compulsory Retired Bankers should be offered 2nd Pension option as they are eligible as per the Joint Note
After examining the above provisions, it is to be seen that as far as the case of the respondent herein is concerned, the first part of clause (2) of eligibility criteria is relevant, which provides that the officers/workmen who are in service of the Bank prior to 25.09.1995 and retired after the date and prior to the date of joint note dated 27.04.2010 are eligible for pension. Since the respondent herein was compulsorily retired on 18.03.2009, his case comes within the first part of clause (2) of the eligibility criteria, which also satisfies para-3 of the joint note.
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It is also to be seen that the joint note as well as the circular refers to retirees from the bank and word retiree in generic terms includes all categories of retirees. Restricting the meaning of the said word only to those, who retired voluntarily or on superannuation, is not only against the object and purpose of the agreement under the joint note and the circular but would also amount to reading something else therein, which does not mean
In view of the above discussion, we are of the view that the rejection of the option exercised by the respondent herein is erroneous. It is to be seen that the learned single Judge has also referred to above provisions and came to the same conclusion and we agree with the same.
We hope now IBA will get better sense and will not go for appeal in Supreme Court. UFBU must exert sufficient pressure so that all the left over bankers which have been denied 2nd Pension option on ground or the other, must be forthwith allowed the 2nd Pension option
We give a link to the full judgement for the records of the affected bankers :
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