ANAND PARKASH BATRA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE issue to be decided in the present writ petition is the claim of the petitioner to pensionary benefits in accordance with the 1995 Pension Scheme of the respondent -bank. Respondent denies entitlement of the petitioner to the 1995 Pension Scheme on the ground that the scheme will not apply as per para 22 of the 1995 Pension Scheme when a person has resigned from service as distinguished from having voluntary retired.

(2.) BEFORE this Court two judgments of the Supreme Court are cited. First is the judgment of Supreme Court in the case of Sheel Kumar Jain Vs. New India Assurance Company Limited & Ors. (2011) 12 SCC 197 on behalf of the petitioner, and the second is the judgment in the case of M.R.Prabhakar and ors VS. Canara Bank and ors (2012) 9 SCC 671 on behalf of the respondent -bank.

(3.) SUPREME Court took an equitable view because a person is not expected to know the adverse consequences against him unless so provided by the relevant rules and especially when benefits of pension scheme is given retrospectively whereby qualifying service completes many years earlier/ prior to the introduction of the pension scheme (i.e in the retrospective period) and in which period there would be persons who had ,,resigned but who on the date of resignation had otherwise completed the qualifying service period for grant of pension.