BANK OF BARODA Vs. SURESH SINGH DANGI

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and decrees of both the Courts below granting mandatory injunction to the effect that his period of service without pay be counted as regular service and his pension be sanctioned.

(2.) The case set up by the respondent was that he had served the bank for 18 years and 26 days and during this period he had to remain on leave without pay for a period of 4 years 3 months and 23 days. Thereafter the appellant floated a Voluntary Retirement Scheme for which the respondent opted. His option was accepted. However, his claim for pension was declined by document Annexure P- 27 wherein it was specifically mentioned that since he did not have 15 years service he could not be granted pension. The respondent consequently filed the instant suit claiming that he was entitled to the grant of pension.

(3.) In the written statement a specific plea was taken that the respondent was not entitled to pension since he did not have 10 years service. Both the Courts held that in view of the written statement filed by the appellant respondent's suit had to be decreed since he admittedly had more than 10 years of service. They also directed that his period of leave without pay be counted for pension. When the appeal was admitted the following question of law was proposed:-