SUBHASH BABU KATIYAR Vs. ARYAVART BANK

JUDGEMENT

(1.) Heard Sri Utkarsh Birla learned Advocate holding brief of Sri Siddharth Khare learned Advocate for the petitioner and Sri Amrish Sahai learned counsel for the respondent-Bank.

(2.) By means of the present petition, the petitioner herein seeks relief in the nature of mandamus for declaration of Regulation 20 of the Aryavart Bank (Employees') Pension Regulations, 2018 as ultra vires the Constitution of India and inoperative so far as it incorporates the condition that resignation would entail forfeiture of past services and consequential disqualification for pension. A writ in the nature of certiorari has been sought for quashing of the communication dated 24.5.2019 issued by the Chief Manager, Aryavart Bank, Head Office, Lucknow. A further direction has been sought commanding the respondents to forthwith sanction pension to the petitioner and make payment of monthly pension regularly each month and disburse all arrears of pension within the time period to be specified by this Court.

(3.) The facts in brief relevant for deciding the controversy in hands are that the petitioner was initially appointed on the post of Field Supervisor in the Allahabad U.P. Gramin Bank having its Head Office at Banda. While working as such, in the year 1991 he was accorded designation of the Junior Management Grade-I Officer. He, however, had submitted a resignation letter dated 21.12.2015 which was rejected by the order dated 18.3.2016 passed by the Regional Manager, Allahabad U.P. Gramin Bank, Banda. The Chief Manager, Allahabad U.P. Gramin Bank, Banda further sent a communication dated 31.8.2016 to the effect that it was open for the petitioner to submit a fresh resignation. On 9.12.2016, the petitioner submitted a fresh resignation letter which was accepted and the petitioner was relieved from the duties vide order dated 22.2.2017 passed by the Regional Manager, Allahabad U.P. Gramin Bank. With effect from 1.4.2019, two Regional Rural Banks namely Allahabad U.P. Gramin Bank and Gramin Bank of Aryavart have been amalgamated and renamed as 'Aryavart Bank' having its Head Office at Lucknow.