D MALLESWARA RAO Vs. ANDHRA BANK

JUDGEMENT

(1.) THIS Writ Petition is filed seeking a Mandamus to declare the action of the respondents in treating the letter of the petitioner as resignation letter and not extending the benefit of pension as per the Bank (Employees) Pension Regulations, 1985 (for short 'the Regulations') as arbitrary, capricious and violative of Article 14 and 16 of the Constitution of India and consequently to direct the respondents to extend the benefits under the Pension Scheme.

(2.) IT is the case of the petitioner that he joined the respondent -Bank as a Clerk in November, 1946 and promoted as Grade III Officer in 1966 and further promoted to the post of Scale IV Officer in February, 1986. While working as Scale IV Officer, he made an application seeking permission for voluntary retirement on medical grounds. Thereafter, he was paid retirement benefits of Rs.1,02,142.80. While so, the Government issued Regulations, which came into force from 29 -9 -1995. As per the said Regulations, the employees, who are in the service of the Bank on or after 1 -1 -1986 and who have retired before 1 -11 -1993 and who exercised the option in writing within 120 days from the notified date can become member of the fund. On 3 -5 -1994, he submitted an application to come under the pension scheme. Again, another application was made to the Zonal office on 4 -7 -1994 exercising option for payment of pension as per the scheme contemplated under the Regulations. The Bank addressed a letter dated 2 -8 -1994 stating that his request for joining Bank's Pension Scheme is not acceptable, as he is not eligible for pension benefit, since his resignation was accepted by the Bank and was relieved on 30 -6 -1986. According to the petitioner, he never submitted any resignation letter to the Bank and he submitted an application to permit him to retire voluntarily. He never intended to resign the post. Respondents have no power or authority to treat the application for retirement as a resignation letter. Accordingly, he addressed a letter dated 27 -9 -1994 bringing to the notice of the respondents that he never resigned from the service of the Bank and he only submitted an application to permit him to retire voluntarily. He submitted another application dated 9 -1 -1995 requesting the General Manager (Personnel) of the Bank to consider supply of application form for pension and other material to enable him to apply for pension. He approached the Office of the 1st respondent number of times personally, but there was no response from the respondents. Further, he submitted a letter dated 22 -1 -1996 bringing all the relevant facts to the notice of the Bank and requesting to consider for grant of pension. However, he received a letter dated 2 -3 -1996 stating that his exit from the Bank is consequent upon his resignation and as per Clause 22, Chapter IV of Andhra Bank Employees Pension Regulations, 1995 resignation, dismissal or termination of an employee from service of the Bank shall entail forfeiture of his entire past service and consequently shall not be eligible for pensionary benefits. Hence, this Writ Petition.

(3.) I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the entire material made available on record.