SYNDICATE BANK BANGALORE Vs. SATYA SRINATH

JUDGEMENT

(1.) This appeal is directed against the order dated 7th April, 2003 passed by the Division Bench of the Karnataka High Court whereby the Division Bench has set aside the order of the learned Single Judge and allowed the writ petition No. 25322 of 1999, quashed the impugned order dated 26th June, 1999 and directed the management of the appellant-Bank to pay the pension to the respondent from 1.11.1993.

(2.) The respondent was the employee of the Syndicate Bank. The respondent remained unauthorisedly absent w.e.f. 11.3.1992 and a notice dated 18.11.1992 was issued to her calling upon her either to report back for duty or submit explanation for her absence within 30 days i.e. on or before 21.12.1992. It was also stipulated that if she failed to comply with the directions she would be deemed to have voluntarily retired from the service of the bank on expiry of 30 days from the date of notice in terms of Clause 17(a) of the Vth Bipartite Settlement. The respondent (herein) sent her explanation but the Bank Management did not find the explanation satisfactory. Therefore, the appellant vide letter dated 10.12.1992 informed the respondent(herein) that she was deemed to have voluntarily retired from service w.e.f. 23.12.1992 in terms of Clause 17(a) of the Vth Bipartite Settlement and she was deemed to have ceased from the service of the bank from that date. The explanation sent by the respondent (herein) was that due to illness she was unable to report for duty immediately and sought extension of time to report for duty and submitted an application for extension of leave supported by a medical certificate. Aggrieved against the order passed by the appellant, the respondent filed the writ petition No. 1259/1995 in the High Court seeking a direction to the appellant bank to reinstate her into service with all benefits. Learned Single Judge vide order dated 23.1.1995 dismissed the writ petition on the ground that there was inordinate delay in assailing the validity of the order dated 30.12.1992. Meanwhile the Syndicate Bank (Employees) Pension Regulations, 1995 ( hereinafter to be referred to as the Regulation) came into force on 29.9.1995 i.e. the date of publication of the Regulations in the Official Gazette. The appellant issued a circular dated 4.11.1995 stating the Regulations were applicable to the following categories of employees:

(3.) It was clarified that the ex-employees who had voluntarily retired in terms of Banks Service Regulations Clause No. 19(1) or deemed to have voluntarily retired in terms of Vth Bipartite Settlement, between 1.1.1986 and 31.10.1993 are not eligible for pension under the Pension Regulations, 1995.