CENTRAL BANK OF INDIA Vs. TARA CHAND

JUDGEMENT

(1.) This appeal has been filed by the Central Bank of India challenging the judgment of the Division Bench of the Rajasthan High Court dated 09.03.2017 in the DB Civil Special Appeal No.817 of 2015 dismissing the Special Appeal filed by the appellants. The Special Appeal was filed by the appellants against the judgment of the learned Single Judge dated 28.04.2015 allowing the writ petition filed by the respondent quashing the order of the Bank dated 12.09.2001 denying to grant pro-rata pension upon opting for voluntary retirement under the Central Bank of India Employees Voluntary Retirement Scheme, 2001.

(2.) Necessary facts for deciding this appeal are:

(3.) Shri Debal Banerjee, learned senior counsel, appearing for the appellant contended that as per Clause 6(ii) of the Scheme, 2001, an employee seeking voluntary retirement under the Scheme, 2001 will be eligible for pension only as per Regulations, 1995. It is submitted that eligibility to apply under the Scheme, 2001 does not ipso facto entitle an employee to receive pension. An employee is entitled for pension as per Regulations, 1995. He submits that as per Regulation 28 w.e.f. 01.09.2000, an employee is entitled for pension who opts to retire before attaining the age of superannuation, but after rendering service for a minimum period of 15 years in terms of any Scheme. He submits that the respondent having not rendered 15 years of service is not entitled for the pension and the Bank has rightly rejected it. Shri Banerjee further relied on the judgment of this Court in Bank of Baroda and others vs. Ganpat Singh Deora, 2009 3 SCC 217, Pubjab National Bank and others vs. Ram Kishan, 2014 13 SCC 485 and Regional Manager, Punjab National Bank and another vs. Dharam Pal Singh, 2014 13 SCC 484.