LAWS(UTN)-2018-7-131

CENTRAL BANK OF INDIA Vs. VIRENDER KUMAR SURI

Decided On July 18, 2018
CENTRAL BANK OF INDIA Appellant
V/S
Virender Kumar Suri Respondents

JUDGEMENT

(1.) Appellants are the respondents in the writ petition. The writ petitioner sought to quash order dated 22.01.2015 (Annexure No. 9 to the writ petition), by which his request to count the period of Military Service rendered by him as qualifying service for counting pension was rejected. He also sought to count the Military Service as provided under Rule 19 of the Central Civil Service (Pension) Rule 1972 read with Regulation 56 of the Bank Employees Pension Regulations, 1995. The following is the judgment rendered by the learned Single Judge:

(2.) We heard Mr. Mahesh C. Pant, learned counsel on behalf of the appellants and Mr. Pooran Singh Rawat, learned counsel on behalf of the writ petitioner.

(3.) The learned Single Judge has proceeded to reason that since the writ petitioner is not drawing, in point of fact, any pension, Regulation 24 of the Central Bank of India Employees Pension Regulation, 1995 (hereinafter referred to as the "Regulations") entitled him to count the period of Military Service as part of qualifying service for pension with the Bank. It is this, which is impugned in the appeal. As regards this, after hearing the learned counsel for the parties, we are of the view that the judgment of the learned Single Judge cannot be sustained.