HARSHADGIRI CHANCHALGIRI GOSWAMI Vs. BANK OF BARODA

JUDGEMENT

(1.) The present petition has been filed by the petitioner inter alia seeking a direction on the respondent-Bank to grant him regular pension from the date of his voluntary retirement.

(2.) The petitioner has opted for joining the pension scheme introduced by the respondent-Bank on 29/10/1993. Pursuant to the agreement, "The Dena Bank (Employees') Pension Regulations, 1995 (for short "the Pension Regulations") were formed and published in Official Gazette on 29/9/1995. The petitioner applied for voluntary retirement under Regulation 29 of the Pension Regulations on 21/4/2011, which was duly approved and he was relieved from service w.e.f. 20/7/2011. His claim for gratuity was settled by considering 21 years of service and he was also paid the amount of provident fund. Since the petitioner was not paid the pension, he made a representation on 22/8/2012 in this regard and he also sent a legal notice to the respondent-Bank on 2/5/2016. Since pension is not paid, the petitioner was constrained to file the captioned writ petition.

(3.) Learned advocate Mr.Langa appearing for the petitioner has submitted that the petitioner is entitled to pension as per the Pension Regulations and the same has been denied by misinterpreting the provisions of the Pension Regulations. He has submitted that the respondent-Bank has misinterpreted the provision of Regulation 27(2) of the Pension Regulations and reduced his qualifying service to 1/3 and by counting such service, the service is calculated less than 20 years and hence, he is not being paid pension. It is submitted by him that the said provision only refers to the mode of calculating the pension and not for counting the qualifying service of the employee for pension. Thus, he has submitted that the respondent-Bank may be directed to pay the pension. Learned advocate has fairly admitted that the petitioner is ready and willing to pay the amount of provident fund, which he has received as per the rules and regulations of the respondent-Bank.