ING VYSYA BANK LIMITED Vs. N.V. RANGAREDDY

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and decree dated 7th November, 2007 passed by the City Civil Judge, Bangalore City, decreeing the suit O.S. No. 7105 of 2003 filed by the respondent herein. For the sake of convenience parties are referred to by their rank in the Trial Court.

(2.) RESPONDENT -plaintiff filed the suit seeking relief of declaration to declare that he was entitled for pension under the Vysya Bank Limited (Employees) Pension Regulations, 1995 with effect from 7 -8 -1989, the date on which he was compulsorily retired from his service under the defendant -Bank. It was the case of the plaintiff that he joined the service of the Bank during the year 1964 as a Clerk and was promoted to higher posts periodically. When he was working as Scale -I Officer an enquiry was held against him with regard to charges of irregularities in the matter of sanction of loan. The charges were held proved. He was dismissed from service on 2 -8 -1999.

(3.) THEREAFTER , defendant -Bank paid only the benefit of Provident Fund with accrued interest and gratuity. According to the plaintiff, his service conditions are governed by the Vysya Bank Limited (Employees) Pension Regulations, 1995 and as per the said Regulations he was entitled for payment of pension. Though plaintiff made a claim in this regard it was rejected on the ground that as the plaintiff had been compulsorily retired from service from the Bank before the cut -off date fixed in the Pension Regulations he was not entitled for pension. Thereafter, plaintiff filed a writ petition in W.P. No. 27332 of 2008 challenging the cut -off date fixed in the Regulations and seeking a direction for payment of pension. The said writ petition was withdrawn with liberty to approach appropriate forum. Thereafter, the present suit was filed by the plaintiff.