MRS. BANA HOSHIE DEBOO Vs. BANK OF INDIA

JUDGEMENT

(1.) The issue involved in all these Petitions is common. The petitioners who had resigned the services of the Respondent-Bank of India seek a relief directing the respondents to extend the pensionary benefit to the petitioners. In brief the petitioners' case is that the Bank of India (Employees) Pension Regulations, 1995 (hereinafter referred to as "PR of 1995") differentiating between the voluntary retirement and resignation is bad-in-law and unjustified. All the petitioners had resigned their services before coming into force of the said PR of 1995.

(2.) For the purpose of convenience and easy reference the details of the petitioners are set out in the chart hereunder :-

(3.) Learned Counsel for the petitioner invited our attention to the avernments made in the Writ Petition No.2323/2001. In his submission, the petitioner was only 42 years of age when she resigned after putting in 21 years of unblemished service with respondent-Bank. In 1988 having regard to the remarkable administrative skills of the petitioner she was deputed by the respondent-Bank to the Indian Banks' Association (IBA). The petitioner's skill was very useful to the said IBA. As she had not completed 30 years service with the respondent-Bank the only manner in which her employment could come to an end was by the respondent-Bank accepting her resignation. As the benefits of the pension was not available when the petitioner tendered her resignation there was no question of the petitioner exercising any option to avail of pension. While working with the IBA the petitioner was involved in all the administrative matters pertaining to banks; she was also actively involved in the drafting of pension scheme that was being finalized and for that purpose co-ordinating all the matters with the banks, the unions and with the Government. By a letter dated 29th September, 1994 the petitioner requested that her letter of resignation may be treated as voluntary retirement and she may be granted pension in lieu of Contributory Provident Fund (C.P.F.) which she undertook to refund when called upon by the bank. By the communication dated 22nd October, 1994, the respondent-Bank informed her about non- acceptance of her request as she had resigned from the services of the bank w.e.f. 21/10/1992. As per the provisions of the Pension Scheme, the employees who have resigned from bank services are not eligible for pension.