SANKAR NATH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The grivence of the petitioners 19 in number in the instant writ petition is against the clarificatory order issued by the Central Government being annexure 'F' at pg. 63 of the writ petition, whereby it has clarified that the benefit of "addition to qualifying service" under Regulation 26 of UBI Employees (Pension) Regulations, 1995 is to be extended to such employees who would be recruited by the bank in accordance with the Recruitment Rules which specify that in respect of such post the benefit of Regulation 26 of Pension Regulation 1995 would be admissible. The said clarification is in accordance with the second proviso to the said Regulation 26 which reads as under;

(2.) In annexure 'F', it was further intimated to the bank that only such employees who will be recruited by the bank in future, subject to the approval of the Recruitment Rules for that post by the Government shall be eligible to avail the benefit of that provision, This is because the extents Recruitment Rules do not contain any such provision because the Pension Regulation 1995 itself came into effect much later. When the petitioners were recruited in the service of the bank, there were no Recruitment Rules nor any Pension Regulation. The Recruitment Rules or any amendment thereto can be made only with the previous sanction of the Central Government.

(3.) It is the case of the petitioners that being specialists and having been selected by the respondent bank on the ground of the petitioners' having specialist qualification, the petitioners had been recruited in the higher grades considering their post-graduate research or specialist qualification or experience in their respective fields, which the bank authorities considered essential.