SH N JAGANNATHAN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constituion of India, the petitioner, an erstwhile employee of the Punjab National Bank/Respondent, seeks the relief of granting to him the pension by the respondent/Bank under the P.N.B. (Employees') Pension Regulations, 1995 (hereinafter referred to as 'the 1995 Pension Regulations). The petitioner also prays for quashing of the communications dated 19.9.2000 and 10.2.2001 of the respondent/Bank denying pension to the petitioner.

(2.) The case of the petitioner is that he resigned from the services of the respondent/Bank in terms of his letter dated 15.3.1995 due to personal and family circumstances, and which letter of resignation was accepted by the respondent/Bank vide its letter dated 05.6.1995. These communications dated 15.3.1995 and 05.6.1995 read as under:- <FRM>JUDGEMENT_623_LAWS(DLH)3_2015.htm</FRM>

(3.) Petitioner claims that after his resignation was accepted on 05.6.1995, he vide letter dated 01.7.1995 requested the respondent/Bank that his resignation be treated as voluntary retirement and since he had completed 20 years of service in the Bank, on the resignation being considered as voluntary retirement, he be granted pension. Petitioner was relieved from the Bank on 01.8.1995 when he completed 21 years, 11 months and 15 days approx. of service with the respondent/Bank. Petitioner in paras 11 and 16 of the writ petition relies upon the circular of Indian Banks Association (IBA) of April, 1997 and the circular of the respondent/Bank dated 14.5.2000, as per which, if a person had applied for voluntary retirement, but he had to resign because his request of voluntary retirement was not accepted (and this was during the period from 01.11.1993 onwards till when the 1995 Pension Regulations became effective), such a person can seek conversion of his resignation to voluntary retirement, and therefore it is argued that since the petitioner had opted for voluntary retirement, but was forced to resign, hence the petitioner be granted pension in terms of the 1995 Pension Regulations.