LAWS(MAD)-2012-7-256

C SANKARI Vs. STATE BANK OF HYDERABAD

Decided On July 13, 2012
C SANKARI Appellant
V/S
STATE BANK OF HYDERABAD Respondents

JUDGEMENT

(1.) THE petitioner has approached this Court with a prayer for issuance of a writ of declaration, that the second respondent's order No. Lr.No.PPG/PEN/95/574 dt.21.3.2002 in fixing the qualifying service of 20 years for grant of pension, is contrary to Regulations 14 and 35 (6) (a) of Pension Regulations 1995, with consequential relief to direct the respondents to grant the pro-rata pension in terms of pension Regulation 1995 together with interest at 12% p.a. from April 2006 to the petitioner or in the alternative direct the State Bank of Hyderabad to grant pension benefits together with interest at 12% p.a. from April 2006, under the settlement dated 27.04.2010

(2.) THE petitioner joined the services of State Bank of Hyderabad as Cashier-cum-Clerk on compassionate ground on 15.10.1982 at Parrys Corner Branch. The petitioner applied for voluntary retirement under State Bank of Hyderabad (Employees') Voluntary Retirement Scheme 2001, circulated vide circular No.PER/2000-2001/87 dated 25.01.2001. The request of petitioner for voluntary retirement was accepted, and he was allowed to go on Voluntary Retirement with effect from 31.03.2001.

(3.) IN support of the plea, that the petitioner was entitled to prorata pension, learned counsel for the petitioner referred to the State Bank of Hyderabad (Employees) Pension Regulations, 1995, wherein the qualifying service for being eligible for pension is 10 years as on the date of retirement, on which the employee retires. It is not in dispute that the petitioner sought voluntary retirement under VRS.