CENTRAL BANK RETIREES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed challenging the judgment and order dated 6th June, 2008 whereby the learned Single Judge dismissed the writ petition of the appellants being W.P.(C) 17825-28/2005. It is pertinent to mention that the appellants who were pre 1st January, 1986 retirees from various public sector banks, had challenged in the aforesaid writ petition, the cut off date of 1st January, 1986 for applicability/eligibility to the benefits under the Pension Regulations introduced by the respondents. The impugned applicability clause as contained in the Pension Scheme of one of the respondents, namely respondent No. 7, is reproduced hereinbelow:

(2.) The learned Single Judge in his impugned order held that the issue raised in the present writ petition was no longer res integra. Learned Single Judge held that the Supreme Court in the case of All India Reserve Bank Retired Officers Assn. and Ors. v. UOI and Anr,1992 1 SCC 664had upheld the cut off date of 1st January, 1986 for eligibility/applicability of Pension Regulations to employees. In the aforesaid case, the Supreme Court noticed that the scheme introduced by the Pension Regulations was not a liberalisation of the existing scheme but was a new scheme in respect whereof the retired employees had no legal vested right and, therefore, the executive/management could restrict the same in application to a particular date having regard to the fact situation in which it was introduced. Additionally the Supreme Court held that if the Central Provident Fund retirees were not admitted to the new scheme, they could not make any grievance as they had already collected their retiral benefits under the CPF scheme, that means, the social security plan at the time of their retirement. Lastly, the Supreme Court held that upon the said payment, their relationship with employer had snapped and there was no continuing obligation inter se.

(3.) Learned Single Judge further pointed out that a similar cut off date in the Punjab National Bank Pension Scheme, 1995 was challenged by way of a writ petition before the Supreme Court. The said writ petition being W.P.(C) 467/1997 (All India PNB Retired Officers Assocn. v. UOI and Ors.) was dismissed by a Bench of three Judges of the Supreme Court vide order dated 17th November, 1998. The said order is reproduced hereinbelow: