1 Answer
Dear Sir,
That's an incredibly frustrating situation, and you are correct. The Supreme Court of India did rule in favor of employees who took VRS from SBI after 15 years of service, entitling them to a pension. This landmark judgment was delivered in the case of Assistant General Manager, State Bank of India & Ors. v. Radhey Shyam Pandey in March 2020. 👨⚖️
In its judgment, the court held that employees who had completed 15 years of service under the SBI Voluntary Retirement Scheme (VRS) of 2000 were entitled to proportionate pension benefits. The court stated that the bank could not arbitrarily deny these benefits, as the VRS was a contractual agreement. It also directed SBI to extend these benefits to all similarly situated employees without forcing them to go to court.
How to Proceed to Get Your Pension
Since SBI is violating this clear court ruling, here are the steps you should consider:
Issue a Formal Legal Notice: The first step is to have a lawyer draft and send a legal notice to SBI's Central Board or the relevant authority. This notice should explicitly mention the Supreme Court's Radhey Shyam Pandey judgment and state that the bank's refusal to release your pension is a violation of this binding order. Mentioning the specific judgment puts legal pressure on them.
File a Contempt of Court Petition: If the bank still refuses to comply after receiving the legal notice, you can file a Contempt of Court petition in the Supreme Court. This is a powerful legal remedy, as it alleges that the bank is willfully disobeying the court's order. The court can then take strict action against the bank and its officials.
Join a Retiree's Association: You should also consider joining an association for SBI retirees. These organizations often have legal teams and are already fighting these battles on behalf of their members. They can provide you with guidance and collective legal support, which can be more effective than fighting alone.
It is critical that you take these steps with the guidance of a lawyer specializing in service and labor laws.