DINESHBHAI OZA Vs. DENA BANK MUMBAI

JUDGEMENT

(1.) The petitioner, who has resigned from the employment of the first respondent-Bank on 16th October, 1986, has approached this Court with a prayer that the respondents may be directed to pay the pensionary benefits to the petitioner in view of the Pension Scheme framed by the Bank.

(2.) The petitioner was initially appointed as a Clerk in August, 1963 with the respondent No. 1 Bank. It is the case of the petitioner that in the year 1982 his only son unfortunately expired in an accident and since then his wife lost mental balance. Under the circumstances, it was not possible for the petitioner to attend the job as well as to look after his wife. Under these circumstances, the petitioner gave his resignation from the services of the Bank on 16th October, 1986. The respondent-bank vide its letter dated 5th January, 1987 informed the petitioner that the resignation of the petitioner was accepted.

(3.) Subsequently, the respondent Bank framed Pension Regulations in 1995 viz. Dena Bank (Employees') Pension Regulations, 1995. As per the said Regulations, an employee who has resigned or dismissed or removed or if his services are terminated shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits. The application and eligibility is provided under Regulation 3(i)(a) which reads thus :