N VENKATRAMANI Vs. INDIAN BANK

JUDGEMENT

(1.) THE petitioner seeks to challenge the order of the second respondent dated 22.3.2003 denying pension to the petitioner.

(2.) THE petitioner joined the services of the first respondent bank on 24.4.1986 as a clerk-cum-Shroff after his service in the Indian Air Force as a Warrant Officer for 24 years. When the petitioner was called upon to exercise his option for pension in lieu of Contributory Provident Fund, he is stated to have opted for pension which option was also acknowledged by the bank on 15.2.1996. Subsequently, he was promoted as Officer of the Bank in Junior Management Grade, Scale-I. THE bank introduced a Voluntary Retirement Scheme (in short, "VRS") in 2000 which scheme contained a provision that those who opt for VRS, their provident fund and pension would be determined as per Indian Bank Voluntary Employees" Pension Regulations, 1995 and Provident Fund Rules. THE petitioner applied to go under the said scheme and he was relieved on 10.2.2001. Subsequently, the petitioner applied for pension and commutation on 12.2.2001. By proceedings dated 10.9.2001, the petitioner was informed that his application for pension and commutation cannot be considered since he had not completed 15 years of service. THE petitioner made a further representation and since the same was not disposed of on merits, he approached this Court by filing a writ petition in W.P.No.11170 of 2002 which was disposed of on 30.12.2002 directing the respondent bank to dispose of the petitioner's representation within a period of three months. Pursuant to the said order, the impugned order came to be passed wherein, it is stated that the total period of qualifying service of the petitioner was only 14 years, 9 months and 17 days and since as per the Pension Regulations, the petitioner should have put in a minimum service of 15 years, he was not eligible for pensionary benefits.

(3.) "Qualifying service" has been dealt with in Chapter IV of the Regulations and Regulation 14 and 18 falling under the said Chapter are relevant for our present purpose, which are as under: "14. Qualifying service: Subject to the other conditions contained in these regulations, an employee who has rendered a minimum of ten years of service in the Bank on the date of his retirement or the date on which he is deemed to have retired shall qualify for pension. "18. Broken period of service of less than one year: If the period of service of an employee includes broken period of service less than one year, then if such broken period is more than six months, it shall be treated as one year and if such broken period is six months or less it shall be ignored.