About

This is an example of a page. Unlike posts, which are displayed on your blog’s front page in the order they’re published, pages are better suited for more timeless content that you want to be easily accessible, like your About or Contact information. Click the Edit link to make changes to this page or add another page.

Advertisements

One thought on “About

  1. Latest from Honorable SC:
    This Landmark judgement , shortcomings in SBIEPF Rules, upheld by SC:

    The below is abstract of Division Bench Judgement from V.Ramarao vs sbi, by AP HC dated 25.8.2014, WA 1200/2014..An illustration how badly SBI Employees Pension Rules 1955, is structured.

    Judgement reads:

    There is no controversy about this. The whole dispute was as to whether the case of the respondent fits into the relevant Rule. It becomes necessary to take note of Rule 22 of the Pension Rules, which reads:

    22 (i) A member shall be entitled to a pension under these rules on retiring from the Bank’s service-

    (a) After having completed twenty years’ pensionable service provided that he has attained the age of fifty years or if he is in the service of the Bank on or after 1.11.93 after having completed ten years pensionable service provided that he has attained the age of fifty eight years or if he is in the service of the Bank on or after 22.05.1998, after having completed ten years pensionable service provided that he has attained the age of sixty years;

    (b) After having completed twenty years’ pensionable service,. Irrespective of the age he shall have attained, if he shall satisfy the authority competent to sanction his retirement by approved medical certificate or otherwise that he is incapacitated for further active service;

    (c) After having completed twenty years pensionable service, irrespective of the age he shall have attained at his request in writing.

    (d) After twenty five years’ pensionable service.

    (ii) A member who has attained the age of fifty-five years (or who shall be proved to the satisfaction of the authority empowered to sanction his retirement to be permanently incapacitated by bodily or mental infirmity from further active service (such infirmity not being the result of irregular or intemperate habits) may, at the discretion of the trustee, be granted a proportionate pension.

    (iii) A member who has been permitted to retire under clauses 1(c) above shall be entitled to proportionate pension

    Can be said that the Rule 22 and in particular Clause (i) (a) was drafted in a bit complicated way. It is only on a careful reading that the true meaning thereof can be discerned. The best guide in this regard is to take note of the words “after having completed” before each of such instances. If so analysed, clause (a) takes in its fold three contingencies. They are:

    (i) After having completed twenty years’ pensionable service provided that he has attained the age of fifty years or if he is in the service of the Bank on or after 1.11.93;

    (ii) After having completed ten years pensionable service provided that he has attained the age of fifty eight years or if he is in the service of the Bank on or after 22.05.1998; and

    (iii) After having completed ten years pensionable service provided that he has attained the age of sixty years.

    Clause (b) deals with the cases of retirement on two grounds and Clause (c) deals with the cases of voluntary retirement. Clause (d) deals with retirement on attaining the age of superannuation.
    Honorable SC upheld on 28.03.2018 CA 6637/2015.
    =============
    SBI EPFRules require amendments as under:
    There are two question of law raised in SC decision : 1. SBI vs S.Shanmugavel , SC order dated 06.07.2015. 2. SBI vs KukdeepRaj , SC order dated 01.04.2015

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s