MANI Vs. STATEBANK OF TRAVANCORE

JUDGEMENT

(1.) In this appeal, judgment of learned single Judge in O.P. No. 13981 of 1996 dated November 14, 1996 is under challenge. Controversy lies within a very narrow campus. Appellant was Manager of State Bank of Travancore (hereinafter referred to as bank). He requested the bank to grant him the benefits of pension scheme. Same was denied on the ground that having tendered resignation, he was not entitled to benefits of the scheme. He filed the above mentioned original petition challenging the decision. Learned single Judge observed that since he had tendered resignation, he was not entitled to benefits of the scheme.

(2.) In support of the appeal, learned counsel for appellant submitted that factual position has not been considered in its proper perspective. In fact, appellant had not tendered resignation. Though by letter dated July 1, 1991 he had indicated his intention to resign, finding that there was long inaction, he had requested the bank to permit his retirement from service. Bank accepted the request for resignation long after, by which time prayer for resignation had been withdrawn. Learned counsel for the bank, on the other hand, submitted that appellant had clearly requested for acceptance of his resignation in terms of Ext. P-1 dated July 1, 1991. There was no withdrawal of the request, as contended. Therefore, learned single Judge was justified in his conclusions.

(3.) Regulation 20(2) of the State Bank of Travancore (Officers') Service Regulations, 1979 (in short, the Regulations) deals with 'termination of service'. State Bank of Travancore (Employees) Pension Regulations, 1995 (in short, Pension Regulations) also need to be noted. Said regulations were brought into force by notification in the Gazette dated March 22, 1996. Clause 22 of the Pension Regulations reads as follows :