Saturday, December 10, 2011

Court casers of senior citizens

Dear Friends, I understand that various cases are filed and pursued in different courts in the above two matters. It may be noted that the above things are pending for more than 10 years and the care should be taken to invoke the benefits available for senior citizens while pursuing the court cases. The courts should be impressed that the beneficiaries are above 60 years,and many would have already expired and hence the decisions should be made at the earliest so that at least the living pensioners could enjoy the benefits.This would lead for the speedy disposal of the cases. Yours faithfully

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As we are aware different ministries at Central govt. are extending
certain concessions and facilities to Senior citizens of the
country.Income tax rebate by Finance ministry,Concession on travel by
Railway Ministry and Ministry of Civil Aviation etc are few of
them.State Govts also extending certain facilities beneficial to
senior citizens.

Ministry of Social Justice & Empowerment is the nodal Ministry
responsible for welfare of the Senior Citizens.
It is stated that Courts in the country accord priority to cases
involving older persons and ensures their expeditious disposal!!
What is the reality is a matter for debate.

In general as well as in specific cases filed before Hon.Courts in
India, it can be found that there is inordinate delay in delivering
judgement which often takes more than ten years.In respect of cases
filed by Senior Citizens are also not having any exemption.Thus the
very purpose of filing cases are defeated.

Of course,our judiciary system has its on inherent constraints and
limitations to proceed fast as all are aware.More than that
unfortunately our political leadership is also not much interested to
streamline the process for early disposal of cases, for their own
vested interests.

Unless the Govt and people at helm of affairs initiate earnest steps
to give top priority to cases filed by Senior Citizens in the country
justice will be denied.
Only collective organizational pressure and efforts will succeed for
any speedy measures in this direction.Let us hope for the best.

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Thank you for your detailed clarification. Still I am of the opinion that
there is a special provision or guideline that the litigation involving
senior citizens should be given priority and this was also impressed by the
Chief Justice of Madras High Court sometime back. Kindly check up with some
senior advocates. My only request is that if there is such provision, it
should be put into use for our benefit.
Reg the other point on organizational point of action, I fully agree with
you.

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.
As you have mentioned, during last July
2010, Madras High Court has initiated steps to Fast Track all cases
filed by senior Citizens.A press release was also made in this
direction, by Hon.Justice,M.Y Eqbal as follows:

"All senior citizens whose cases are pending in the High Court in
respect of all categories may directly approach the Registrar
(Judicial) and furnish the details regarding pendency of the cases.
This would enable the court to take up the cases on a priority basis "

Similar action was initiated by Mumbai High Court also earlier.

As mentioned earlier,Ministry of Social Justice & Empowerment, the
nodal Ministry
responsible for welfare of the Senior Citizens is also states that
Courts in the country accord priority to cases involving older persons
and ensures their expeditious disposal.

However the outcome in such cases are not known.

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it is true that the Presiding Officers in any court are very much kind with a
human heart and in one personal case @ High Court of AP., Hyderabad, the Judge
is kind enough to fix-up a date in July, 2011 for final hearing. Actually, the
case is pending since past 15 years. All the appellants can approach the The
Registrar and thence the Presiding Judge.
When the litigants/appellants approach the High Courts, they can as well move
levers of power to approach the Judicial Officer concerned and represent for
early and final hearing.
The Higher-ups/decision makers in the Banks should realize that they occupied
the seat[s] of power on our blood & sweat. They should not forget it. They never
come from heavens.

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________________________________

In karnataka High Court also, I was told, that there was a move to accord
priority in cases filed by Senior Citizens and Subsequently I could not
gather information as to how they are doing it. Probably, the concerned
petitioners have to approach the Courts through their lawyers and try
to find early justice. Let the senior litigants take steps to get advantage
of this.

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.

As all are aware, Government of India has earmarked special benefits
and concessions for Senior Citizens of India.Different ministries,have
notified the details from time to time.
In the matter of cases involving senior citizen, The Chief Justice
of India had advised Chief Justices of all High Courts to accord
priority to cases involving older persons and ensure their
expeditious disposal. [vide letter of Government of India, Ministry of
Social Justice & Empowerment (SD Section), New Delhi, F. No. 20-76/99-
SD dated 03.11.1999]

Accordingly in 1999 itself Mumbai High Court had issued a circular to
this effect in the matter of cases involving Senior Citizen for speedy
disposal.At that time the age limit was 65 yrs.Last year the same has
been modified by reducing the age to 60 yrs and above.

However, as we know, the huge backlog of cases in various courts in
the country, as well as shortage of manpower in Judiciary and cases
coming up on priority basis etc. caused delay in the process of
hearing of cases and delivery of judgement.
Once, during his stint with the Bombay HC, Justice R M Lodha
commented that 70% to 80% cases involved senior citizens as parties.
In the midst of all these realities if Senior Citizens cases are
considered for speedy disposal it is a welcome move and great thing
indeed.

Is it really happening in all courts in the country?

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.
As years roll on and pending cases mount in our Courts, it is but natural
that many of the cases are "upgraded" / "updated" as those of Senior
Citizens! And, to which of those cases can they give priority? The ones
becoming Senior Citizen's by natural delay or the ones file by those
"as" Senior Citizens at the entrant level? The Courts will find it
difficult!
How about Fast Track Courts? There are such Courts also.
.
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.

As per information, a total of 1,743 fast track courts were set up for
a period of five years, in 2000-01 following a recommendation by the
Eleventh Finance Commission, which had mooted the idea for expeditious
disposal of long-pending criminal cases.In the year 2006 about
1,80,00,000 cases were pending in Indian courts ,out of which
1,60,00,000cases were criminal ones.At present the figures might have
gone up.

When we look into latest figures pertaining to of pending cases in
the apex court, alone ,we will have clear picture on the gravity of
the situation

As per published data for the month of April 2011,released by SC,
total number of cases pending .before Hon. Supreme Court of
India,comes to the tune of 54547in numbers. Out of which once
connected matters are excluded 31917 Nos. of cases will be
pending .In other terms,65% of cases are pending more than one year.
While 7123 cases were newly registered during the above month,only
7098 cases were disposed of in same period.

Despite all these realities, Bank Pensioners -Senior Citizen- in the
country have no other alternative than to approach court to seek
justice on genuine demands,when all avenues are closed.

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Mounting cases in supreme court and High Courts are due to...

1 Careless attitudes of Managements in giving solutions to similar cases
decided by high courts and taking it further knowing fully well the results.

2 Careless attitudes of its Legal departments who give improper feed back to
managements just to survive and justify their existence.

3 Careless attitude of IBA in not able to controll Managements who will not
like to apply judgements given in one High court to the problems of their
bank and instead approaching the courts again and again.

The Supreme Court , the IBA and the Central Government should fix
responsibility on concerned officials and start recovering court/ litigation
expenses from such individuals so that the Legal Department and the
managements will think twice before going to court.
This not only saves court time saves money also to bank as they have to
shell down money after the Judgement some times with interest. Unfortunately
the concerned individuals serving forgets that someday he will also come
out and face such trauma.



Eleventh Finance Commission, which had mooted the idea for expeditious
disposal of long-pending criminal cases.In the year 2006 about
1,80,00,000 cases were pending in Indian courts ,out of which
1,60,00,000cases were criminal ones.At present the figures might have
gone up.

When we look into latest figures pertaining to of pending cases in
the apex court, alone ,we will have clear picture on the gravity of
the situation

As per published data for the month of April 2011,released by SC,
total number of cases pending .before Hon. Supreme Court of
India,comes to the tune of 54547in numbers. Out of which once
connected matters are excluded 31917 Nos. of cases will be
pending .In other terms,65% of cases are pending more than one year.
While 7123 cases were newly registered during the above month,only
7098 cases were disposed of in same period.

Despite all these realities, Bank Pensioners -Senior Citizen- in the
country have no other alternative than to approach court to seek
justice on genuine demands,when all avenues are closed.

...













IBA is the main culprit in respect of every problem bank pensioners are facing. There was no business for IBA to advise banks making those who retired voluntarily (I observe the letters VRS being used. Here 'S' stands for 'Scheme'. Those who retire giving three months notice have retired/resigned voluntarily) ineligible for another option for pension. It is IBA which initiated amendments to Pension Regulations unilaterally, trying to take away the benefits which were already available. For Ex : Amendments to Regulation 28 and to Regulation 18 (Broken period regulations). Unfortunately, Unions/Associations/UFBU have remind silent or turning a blind eye. Does it mean that they are also party to such amendments ? All these questions have remind unanswered.
On account of wrong and illegal advise by IBA, Banks and retirees are fighting cases making advocates on both the sides richer. Therefore, UFBU should be vigilant, otherwise, even they may have to pay price at a later day.

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General Public crying for action against officialdom where there is no justification and no one is answerable. The Honourable Supreme Court must wake up to fix responsibilities of the officials who always act in whimsical manner.

We have noted with appreciation the attitude of Hon'ble Justice Ranjit Singh of Punjab & Haryana Hingh Court who single handedly taking on the officials of Government of Punjab & Haryana who just file petitions to delay decision till a time beyond their own retirement to excape accountability and linger on the matter for years, even in those matter similar to those wherein High Court has already decided.

Hon'ble Supreme Court must dismiss such official/s from service without any recourse for these officials. ( Not Suspend as suspension from service is no meanful action against the erring staff)

Crying for action against the Dead Woods in Govt. Department. They have to take right decision in right earnst for which they draw heavy salary month after months from Govt. Exchequer.

I complaint to PMO/ DPG (goI) against the fraud played on me by Branch Manager of Oriental Bank of Commerce and one would amused to see the official response from Secretary (Financial Services) Govt. of India, headed by IAS of 1976 batch which uploaded in Govt of India Site as explanation from ICICII Bank and Secretary took no action for wilful wrong reporting and updation with reference to complaint No-DEABD/E/2010/00406.

We may pray fthat good sense may prevail upon these arrogant officials of Govt of India. I was shameful to the see the manner PMO works. Their subordinate deptt feed wrong information and it has no way to check the coorectness of the action.

.

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. beaurocracy is of permanence in nature. Corruption,nepotism,delaying tactics,procrastination,not-to-see the poor and downtrodden, selfih-development are some of the hall-marks of Indian beuracracy. See the case of pre-2002 bank retirees who are denied 100% DA neutralization forthe last 11 years eventhough all those who retired after get 100% DA. To add insult to injury, IBA has become an extended arm of the FINMEN. IBA wantonly delays decision making process in minor matters such as extending the yearly medical payment to the retirees including those retired prematurely.
Only courts can save democracy and principles of natural justice. Courts alone can punish the beuracrats who derelict their duty/shirk their responsibility/pass the bug thus rendering untold sufferings to the common people,especially the senior citizens.
.
.....................................................................................

General Public crying for action against officialdom where there is no justification and no one is answerable. The Honorable Supreme Court must wake up to fix responsibilities of the officials who always act in whimsical manner.

We have noted with appreciation the attitude of Hon'ble Justice Ranjit Singh of Punjab & Haryana Hingh Court who single handedly taking on the officials of Government of Punjab & Haryana who just file petitions to delay decision till a time beyond their own retirement to excape accountability and linger on the matter for years, even in those matter similar to those wherein High Court has already decided.

Hon'ble Supreme Court must dismiss such official/s from service without any recourse for these officials. ( Not Suspend as suspension from service is no meanful action against the erring staff)

Crying for action against the Dead Woods in Govt. Department. They have to take right decision in right earnst for which they draw heavy salary month after months from Govt. Exchequer.

I complaint to PMO/ DPG (goI) against the fraud played on me by Branch Manager of Oriental Bank of Commerce and one would amused to see the official response from Secretary (Financial Services) Govt. of India, headed by IAS of 1976 batch which uploaded in Govt of India Site as explanation from ICICII Bank and Secretary took no action for wilful wrong reporting and updation with reference to complaint No-DEABD/E/2010/00406.

We may pray fthat good sense may prevail upon these arrogant officials of Govt of India. I was shameful to the see the manner PMO works. Their subordinate deptt feed wrong information and it has no way to check the coorectness of the action.

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Just see & evaluate the attitude of the Administrator of Inidan Democracy, the way they works. Inspite of having utilised the amount of TDS for the whimsical planning, they have left with no money to refund & they need to borrow to finance refunds of Income Tax and holding the General Public waiting endlessly for their hard earned money refunded . It is like Rob Peter to pay Paul. Govt. collect 15 Years Tax on Vehicles Registration in advance to balance current budget, but they never bother to think a little as to what will happen in next 14 years.
He approved the Pension sent by IBA which is full of discrupencies.
1) Arbitarary date of implementation i.e. 27-11-2009.
2) some of Pensioners get @ 100% DA neutralisation and other retired before 2002 at different slabs.
3) They themselves get Pension Updation with every revision and they can not think a bit for others working in Banks.
Its is like Charity begins at home.


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DEA has asked the Central Board of Direct Taxes (CBDT) to go slow on tax refunds in the coming months so that the government does not face any resource crunch.

CBDT has rejected Revenue Secretary Sunil Mitra’s contention by saying that taxpayer money can’t be withheld.
This has alarmed DEA, which is expected to be hard-pressed for funds given the possibility of slower economic growth and an increase in the subsidy bill.
The finance minister is believed to have asked the two to resolve the issue between themselves.
A senior CBDT official said once a refund was determined, especially in e-filing, no one could withhold it. “Can the government say that refunds will be delayed because it is under financial stress? Will the government allow an assessee to withhold tax because he is facing a financial problem?” asked the official.
DEA’s argument that a higher refund outgo will put pressure on the government to borrow more is rejected by experts and expenditure department officials. They say it’s a short-term trend and will not impact government finances over the year.
The government has said it will borrow Rs 2,50,000 crore between April and September, 60 per cent of the budgeted market borrowing of Rs 4,17,000 crore for 2011-12. So far, it has borrowed Rs 72,000 crore. While the finance ministry pays 6 per cent a year on late refunds, it has been borrowing from the market at 7.03-8.30 per cent.
The tax department refunded over Rs 23,000 crore in April. The figure is expected to cross Rs 1 lakh crore for the year. The department had refunded Rs 57,000 crore in 2009-10 and Rs 74,000 crore in 2010-11.
CBDT official say with a significant amount paid in the first month of the financial year, the burden for the coming months will be substantially lower. They say timely payments help save on interest.
The government’s net direct tax collection in April fell 70 per cent to Rs 4,000 crore, compared with Rs 14,000 crore in the same month last year. This was mainly on account of refunds totaling Rs 25,000 crore.
Gross direct tax collections were Rs 29,000 crore, 15 per cent more than in April last year.

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IAS officers are the real govrnment. Politicians may come and go; but the beaurocracy is of permanence in nature. Corruption,nepotism,delaying tactics,procrastination,not-to-see the poor and downtrodden, selfih-development are some of the hall-marks of Indian beuracracy. See the case of pre-2002 bank retirees who are denied 100% DA neutralization forthe last 11 years eventhough all those who retired after get 100% DA. To add insult to injury, IBA has become an extended arm of the FINMEN. IBA wantonly delays decision making process in minor matters such as extending the yearly medical payment to the retirees including those retired prematurely.
Only courts can save democracy and principles of natural justice. Courts alone can punish the beuracrats who derelict their duty/shirk their responsibility/pass the bug thus rendering untold sufferings to the common people,especially the senior


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