JITENDRA SHANTILAL SHUKLA Vs. BANK OF BARODA

JUDGEMENT

(1.) Whether resignation from service is akin to voluntary retirement is the only question which arises for determination in this appeal filed by the appellant against the order of the learned single Judge who declined to entertain his prayer for directing the Respondents to give him pensionary benefits in accordance with the Bank of Baroda (Employees') Pension Regulations, 1995 (for short, "the Regulations").

(2.) The Appellant joined the service of the Respondent-Bank on December 12, 1978. He tendered resignation, which was accepted with effect from September 12, 1993. After almost six years, he applied for grant of pension in accordance with the Regulations. His application was rejected vide order dated July 1, 1999. After three years, he filed Special Civil Application No.12431 of 2001 for issuance of a mandamus to the Respondent-Bank to pay pensionary benefits.

(3.) The learned single Judge held that an employee, who had resigned from service is not entitled to pension. She referred to the judgment of the Division Bench of this Court in Premji Khanji Masani v. Regional Manager, 2000 (1) GLH 199 and held that the Petitioner (Appellant herein), who had resigned almost two years before the framing of the Regulations is not entitled to pensionary benefits. Still further, she held that the writ petition was highly belated, in as much as, the Petitioner had not explained the delay of almost three years.