VILAS A.DESHPANDE Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The petitioner by this Petition filed under Article 226 of the Constitution of India prays that pensionary benefits under the Bank of India (Employees) Pension Regulations, 1995 (hereinafter referred to as "PR of 1995") may be extended to the petitioner. The petitioner worked with the Respondent-Bank for 25 years. At the relevant time the petitioner was 46 years of age and was working as Deputy Manager in Scale II with Pune (Camp) Branch of the Respondent-Bank. The petitioner's wife had undergone an open heart surgery and was not keeping well. The petitioner was also keeping ill-health. On account of the advice given by the Doctors, the petitioner decided to leave the employment of the respondent-bank. The petitioner accordingly gave a notice of the voluntary retirement to the respondent-bank and wrote to the respondent-bank that he desired to 'resign/voluntarily retire' from the service of the respondent- bank. The petitioner had not completed 30 years of services or 55 years of age. The only manner in which his employment could come to an end was by the respondent-bank accepting his resignation. The petitioner's service came to an end on 1 st November, 1992. At that point of time the pensionary benefits were not available to the employees of the respondent-bank and as such there was no question of exercising any option to avail the pension. The petitioner, therefore, had no option but to resign. The petitioner has averred that he gave a notice of voluntary retirement to the respondent-bank and wrote to the respondent-bank that he desired to 'resign/voluntarily retire' from the service of the respondent-bank.

(2.) The petitioner by his application dated 16/6/1994 submitted his option for the Bank's Pension Scheme as per the provisions of the said scheme. The petitioner undertook to refund the Bank's contribution to provident fund together with accrued interest.

(3.) The respondent-bank by letter dated 27/11/1994 informed the petitioner that the employees who have resigned from the services of the bank are not eligible for the pension.