KISHAN SWARUP SHARMA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THE petitioner, Kishan Swarup Sharma has filed this writ petition under Article 226 of the Constitution of India assailing the order dated January 25, 2002 issued by the Chief manager (PA) Allahabad Bank, Calcutta rejecting his application for grant of pension under Allahabad Bank Employees Pension scheme (Old ). A further writ of mandamus has been sought commanding respondents to pay monthly pension to the petitioner with effect from June 1, 2001 on regular basis in accordance with old pension scheme or the Pension Regulations, 1995.

(2.) THE facts in brief as stated in the writ petition are that the petitioner was appointed as clerk in Allahabad Bank on November 15,1967 and was promoted in officers grade on november 4, 1985. After promotion his terms and conditions, in officers cadre, were governed by Allahabad Bank (Officers) Service regulations, 1979 (hereinafter referred to as "1979 Regulation" ). The Bank issued a circular dated September 6, 1994 pursuant to some settlement between All India Bank Employees association and Indian Banks Association wherein a new scheme sought to be introduced and an option was also allowed to the existing employees in respect of old pension scheme. The petitioner exercised his option for old. pension scheme vide letter dated November 30, 1994. The said option was never declined or rejected by the competent authority. On May 31, 2001 the petitioner opted for voluntary retirement under the scheme and was allowed to. retire accordingly. He when requested the Bank to pay his pensionary benefits in accordance with the old pension scheme, by means of the impugned order the same has been rejected by the respondent No. 2.

(3.) THE Bank has filed a counter affidavit stating that 1979 Regulations came into force on July 1, 1979 under Regulation 3 (a) of 1979 regulations. The provision of gratuity and retiral benefits under Regulation 46 were applicable to the existing employees and proviso thereto makes it clear that old pension scheme would not be applicable to the officers who are recruited/promoted after July 1, 1979. Since the petitioner was promoted in officers cadre on November 4, 1985 and therefore he was not entitled for pension under old scheme, the circular dated September 6,1994 has to be read consistent with 1979 Regulation and no benefit can be allowed to the petitioner contrary to Regulation 46 of 1979 Regulation.