MANGE RAM Vs. NATIONAL AND GRINDLAYS BANK LTD

JUDGEMENT

(1.) The appellant had instituted a Suit for the recovery of Rs. 1,27,372.50 and a declaration that he was entitled to a monthly pension ofRs. 812.50 as against Rs. 400.00 granted to him by the respondent Bank. He also claimed a further declaration that he was entitled to an allowance ofRs. 150.00 per month. The Suit was based on the claim that he had no age of retirement and having joined the service of the respondent Bank in the year 1924, he could not be compulsorily retired against his wishes with effect from 1/1/1966, when he was 61 years of age and had put in 41 years of service.

(2.) The case in the plaint was that the plaintiff had to serve in the Bank till he attained the age of 65 years and thus he claimed a sum of Rs. 1,25,685.00, the calculation of which is set out in paragraph No. 15 of the plaint. The claim is made out-Salary at the rate of Rs. 1,625.00 per month, D.A. at the rate of Rs. 438.75 per month, Additional D.A.,attherateof Rs. 50 per month, and there are further amounts claimed for annual medical allowance and bonus at the rate of 20 per cent-of the annual basic salary, and there is some further amount claimed as gratuity.

(3.) In the written statement, it was claimed that the plaintiff was governed by the Pension and Gratuity Rules which came in force on 31/12/1957, and not by the Pension Rules called the Staff Clerical Rules in force earlier which are contained in a memorandum dated 14th February, 1949. There are some other pleadings which are not very relevant. The Court framed the following issues :-