P. RAJASUBRAMANIAM Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This writ appeal is filed against the order made in W.P.No.11201 of 2008 dated 28.10.2009 wherein the appellant has challenged the order dated 12.11.2007 issued by the 2nd respondent declining payment of pension to the appellant with effect from the date of his compulsory retirement with a direction to pay the consequential benefits including arrears of pension together with interest.

(2.) Brief facts, which led to the filing of writ petition as well as writ appeal are that appellant entered the service of the Indian Overseas Bank as a Clerk in the year 1961 and after getting several promotions, on 15.07.1977, he was promoted as Officer. While serving as Officer, the appellant was issued with a Charge Memo dated 14.8.1985 and enquiry was conducted and enquiry officer submitted his report. The disciplinary authority, on the basis of the enquiry report, terminated the service of the appellant with effect from 08.12.1986. Aggrieved by the said order of termination, appellant filed an appeal before the appellate authority and the same was dismissed. Against the order of termination, the appellant has filed W.P.No.6240 of 1988 and the same was dismissed by an order dated 20.3.1997. Against which, writ appeal in W.A.No.1998 of 1999 was filed by the appellant. The said writ appeal was disposed of by the Division Bench of this Court by an order dated 04.4.2000 modifying the order of termination to one of compulsory retirement with effect from the date of termination i.e. 08.12.1986. Again the appellant filed Review Application against the order dated 04.4.2000 passed in the writ appeal and the same was dismissed by order dated 11.2.2002. Thereafter, the appellant made a representation to the respondent Bank seeking payment of pension and the same was rejected by the 2nd respondent by an order dated 12.11.2007, which was challenged by the appellant in W.P.No.11201 of 2008.

(3.) The learned single Judge dismissed the above said writ petition and upheld the order of the 2nd respondent dated 12.11.2007 holding that the appellant having been compulsorily retired from service prior to 01.11.1993, he is not entitled to avail the scheme for sanction of pension, as his compulsory retirement is prior to the cut-off date. In short, the reason assigned was that the persons who were compulsorily retired by way of punishment on or after 01.11.1993 alone are entitled to seek the benefit of the scheme.