RM L RAMANATHAN Vs. ASST GENERAL MANAGER

JUDGEMENT

(1.) Rm.L.Ramanathan, the petitioner herein, joined as Clerk in the year 1954 in Indian Bank, Chennai, the respondents herein. In the year 1989, due to his heart ailment, as he was not able to execute his work properly, he resigned his job. The pension scheme was introduced for the bank employees in the year 1993. He applied for the same and the same was rejected on the ground that the pension scheme would not apply to him as he has resigned in the year 1989 itself. Hence, this writ petition, praying for issuance of a writ of certiorarified mandamus, seeking to quash the impugned order dated 3.8.1994 and direct the respondents-Bank to extend the pension scheme to the petitioner.

(2.) According to learned counsel for the petitioner, the petitioner worked for 35-1/2 years and he tendered his resignation on 3.12.1989. The pension scheme was introduced in 1993. All India Bank Officers Confederation submitted a representation to extend the pension scheme to those who have voluntarily retired and resigned earlier. Basing on this, pension scheme was introduced to the employees who have tendered their voluntary retirement by the subsequent circular. But the same was not extended to the resigned employees. As such, not extending the scheme of paying the pension to the employees who have resigned the job after putting their qualifying service, is in violation of Article 14 of the Constitution of India.

(3.) According to the respondents, the petitioner, having joined as Clerk in 1954 and resigned voluntarily on medical grounds on 3.12.1989, at that point of time, the Bank had neither adopted the pension scheme nor the voluntary retirement scheme. The bank had adopted the scheme for voluntary retirement which came into effect only from 1.11.1993. The pension scheme was applicable only to persons who were in the services of the Bank on the date of regulations coming into effect and to persons who joined the Bank after the said date. However, the effective date given by the Government though from 1.1.1986, would only be applicable to persons who had retired from the services of the Bank on reaching superannuation and not for persons who have resigned from the services irrespective of numbers of years of service put in by them.