KRISHNAN K G Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) These writ appeals are directed against the common order passed by the learned single Judge in W.P. Nos.5537 and 5538/1999 dated June 19, 2009, dismissing the writ petitions filed by the appellant.

(2.) The brief facts necessary for disposal of these writ appeals are as follows:

(3.) The respondents have filed common counter affidavit stating that at the age of 52, the appellant filed an application for resignation with further request to treat the resignation as voluntary retirement. The Bank, taking note of the appellant's ineligibility to go on voluntary retirement, accepted the resignation request and he was relieved from the Bank's service. The appellant further requested to count his earlier services in Sri Venkateswara Bank Limited and the same was rejected on January 7, 1992 and the said orders were not challenged by the appellant. The appellant also received the benefits arising out of his resignation. The Pension Scheme was introduced for the persons, who retired voluntarily from March 31, 1993 and subsequently as per the Supreme Court judgment dated April 4, 2000, the Officers, who have voluntarily retired under the Indian Overseas Bank (Officers') Service Regulations, 1979, during the period from January 1, 1986 to March 31, 1993 were also 5 found eligible for pensionary benefits and the Bank has granted pensionary benefits to those voluntarily retired under Regulation 19(1) of the Service Regulations. It is further stated in the counter affidavit that the appellant wanted to resign on health grounds with further request to treat the same as voluntary retirement and the same was not accepted by the bank, whereas the appellant's request for resignation was accepted. The Regulation 22 of the Indian Overseas Bank (Officers') Service Regulations, 1979, disentitles a person to claim pension on resignation.