STATE BANK OF MYSORE Vs. G MAHADEVEPPA

JUDGEMENT

(1.) This appeal was disposed of by order dated November 17, 2008, wherein wherein writ appeal was allowed. However, on review petition filed by the respondent herein in R.P. No. 166/2009, which has been allowed by separate order passed by this Court, the said order dated November 17, 2008 ,is recalled and with the consent of the learned counsel appearing for the parties W.A. No. 2251/2006 is taken up for final hearing.

(2.) Learned counsel appearing for the appellant submitted that State Bank of Mysore Employees' (Pension) Regulations, 1995 (hereinafter referred to as the 'Pension Regulations') has been given effect from September 29, 1995. The application that was filed by the petitioner on August 3, 1994 was one for resignation with effect from August 4, 1994 and the same has been accepted. Once the resignation of the respondent has been accepted, the application filed by him on August 3, 1994 cannot be treated as one for voluntary retirement.

(3.) Learned senior counsel appearing for the respondent submitted that though settlement was arrived at between the management and the employees of the appellant-Bank on October 29, 1993, the Pension Regulations came into effect on September 29, 1995. However, Regulation 29 of the Pension Regulations has been given effect from November 1, 1993. Learned senior counsel further submitted that the respondent- had submitted a letter seeking for voluntary retirement on June 23,1994. However, since the Pension Regulations had not come into force, the respondent was asked to give a modified letter seeking for resignation and the same was submitted on August 3,1994. However, in view of the fact that Regulation 29 of the Pension Regulations is made effective from November 1, 1993, to given benefit to those persons, who could not seek voluntary retirement -and had to submit their resignation for want of finalisation of the Pension Scheme and in view of the decision of this Court in Smt. Prabhamani v State Bank of Mysore W.P. No. 26491/2000,. DD: June 14, 2004, which has been implemented by the appellant-Bank, the impugned order passed by the learned single Judge giving benefit under Regulation 29 of the Pension Regulations is justified.