ARAVIND SEN Vs. STATE BANK OF MYSORE

JUDGEMENT

(1.) The petitioner was appointed as cashier/clerk on 30.05.1996 in the respondent-bank and reported for duty on 31.05.1996. On 01.12.2005, he was promoted to the cadre of Officer. He submitted a letter of resignation on 02.04.2008, which was accepted on 20.05.2008 and the petitioner was relieved on 12.07.2008. Though he was eligible for an amount of Rs. 1,95,104/- towards provident fund, by deducting Rs. 1,30,383/-, Rs. 64,721/- was credited to the petitioner's account. Subsequently, Rs. 49,827/-recovered towards 3 months salary in lieu of notice period was paid on 11.8.2009. Rs. 1.36,848/- was paid on 24.10.2008 towards gratuity and Rs. 5,997/-, which included Rs. 2,077/- towards difference of gratuity amount and interest at 10% for the delay period of 103 days was paid on 17.12.2008.

(2.) The petitioner submitted a representation dated 01.05.2009, as at Annexure-J, to pay Rs. 25,936.40 and interest at 18% up to 31.05.2009. Alleging inaction on the part of the bank, this writ petition was filed, to direct the bank to release the terminal benefits of Rs. 3,14,606/- and reimburse the outstanding amount of Rs. 30,787/- as per the representation dated 01.05.2009 (Annexure-J) and direct the bank to grant pension as per Regulation 32 of State Bank of Mysore Employees' (Pension) Regulations, 1995 (for short 'the Regulations'), and to release all consequential amount with interest.

(3.) The respondents filed statement of objections, wherein, they have furnished the details of the payments made to the petitioner and have contended that the petitioner having resigned from service which entails forfeiture of pension as provided in Regulation 22 and he having not completed 20 years of service, so as to be eligible for pension as per Regulation 29, which provides for 20 years of qualifying service for being eligible for pension and the petitioner having resigned voluntarily and being not a case of pre-mature retirement by the bank, Regulation 32 has no application.