UNITED BANK OF INDIA Vs. SWAPAN KUMAR MULLICK

JUDGEMENT

(1.) This judgment was prepared and made ready prior to 23rd March, 2020. It could not be delivered because of suspension of court activity resulting from declaration of lockdown by the government, on account of the COVID Pandemic.

(2.) A legal point of great moment is involved in this matter. In public employment, very often an employee tenders his resignation after long service, not many years before retirement. Usually, the rules entitle an employee to pension on retirement after rendering qualifying service i.e. service for a stipulated period of time.

(3.) Now, if an employee resigns on the eve of his retirement after rendering qualifying service, citing mental depression as the cause, does he forfeit his right to pension on the ground that he has resigned and not retired? In such a case, if pension is payable on voluntary retirement, is such a case to be treated as voluntary retirement? This point is involved in this case.