DHARAM LAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE petitioner claims pension in terms of the Punjab National Bank (Employees')Pension Regulations, 1995 (hereinafter to be referred as "pension Regulations" ).

(2.) THE petitioner joined as Clerk-cum-Cashier with the Punjab National Bank on october 13,1986. The respondent Bank framed a Scheme called PNB Employees Voluntary retirement Scheme 2000 (hereinafter to be referred as "the Scheme" ). The said Scheme was to remain in operation from November 1, 2000 to November 30, 2000. All permanent full time employees of the Bank who have 15 years of service or 40 years of age were eligible to apply for voluntary retirement under the aforesaid Scheme. In terms of Rule 3. 5 of the said Scheme, an employee seeking voluntary retirement under the Scheme was eligible for pension including commuted value of pension as per Scheme, The relevant clause reads as under: "3. 5 Other Benefits an employee seeking voluntary retirement under the Scheme will be eligible for the following benefits in addition to the ex gratia amount mentioned in para 6 of the scheme: i)Gratuity as per Payment of Gratuity Act, 1972 or Gratuity payable under the Service rules as the case may be, as per existing rules; ii) a) Pension (including commuted value of pension) as per PNB (Employees) Pension regulations, 1995 or b) Bank's contribution towards PF as per existing rules. Hi) Leave encashment as per existing rules".

(3.) THE request of the petitioner to seek voluntary retirement was accepted on december 30, 2000. Prior to the said communication, the petitioner has sought to withdraw his offer to seek voluntary retirement on account of change in his family circumstances. Such request was declined by the respondent-Bank. Though the petitioner has challenged the acceptance of his request for voluntary retirement after its withdrawal but the said aspect has attained finality with the judgment of Hon'ble Supreme Court in Bank of india and others v. O. P. Swaranakar etc. AIR 2003 SC 858 : (2003) 2 SCC 721 : 2003-1-LLJ-819, as modified on January 21, 2004, annexure P-3, reported as Punjab National bank v. Virender Kumar Goel and Others AIR 2004 SC 3988 : (2004) 2 SCC 193 : 2004-I-LLJ-1057.