V K PATEL Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The only question, which is raised in this petition under Article 226 of the Constitution of India, is as to whether a person leaving the employment upon voluntary resignation could claim pension and other retiral benefits or not.

(2.) Petitioner joined the services of the Respondent-Bank as Officer Grade-II on 17/11/1975 and he has served for more than 17 years. He was a Branch Manager and despite his resignation on 18/5/1993, the regulation for pension scheme for the respondent-staff of the Bank came to be introduced which is called as "Union Bank of India Employees' (Pension) Regulation, 1993". The Bank employees who have retired on or after 1/1/1986 but before 1st November, 1993 were asked to fill-up the option forms. The petitioner had also filled-up option form and sent to the Respondent-Bank. However, the Respondent-Bank by writing a letter dated 29/10/1994 informed the petitioner that he is not entitled to pension in terms of the Pension Regulation, 1993 as he has voluntarily resigned from the service.

(3.) The learned Advocates appearing for the parties have offered their submissions in support of the rival versions. The entire relevant record is also examined. It is an admitted proposition that, under the relevant regulation applicable to the employees of the Bank a person who has resigned from the service of the Bank irrespective of the span or length of service is not entitled to claim pension.