(1.) BY this writ petition filed under Article 226 of the Constitution 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: -
(3.) ON behalf of the respondent, it is vehemently denied that the petitioner had ever sought voluntary retirement vide his letter dated 01.7.1995. The respondent/Bank in its counter -affidavit has stated that the letter dated 01.7.1995 was not only never received by the respondent/Bank, but the petitioner himself never made any reference of this letter in his subsequent communications to the respondent/Bank dated 31.12.1997, 07.2.1998, 10.2.1998 and 25.7.1998. The alleged letter dated 01.7.1995 by the petitioner was for the first time only referred to by the petitioner in his communication dated 14.6.2000 i.e after 5 years from 1995.