LAWS(P&H)-2018-3-11

K.L. VIG Vs. CANARA BANK AND OTHERS

Decided On March 08, 2018
K.L. Vig Appellant
V/S
Canara Bank And Others Respondents

JUDGEMENT

(1.) In the instant petition, petitioner has challenged portion of clause No.5 of Circular No. 297/2010 dated 21.08.2010 (Annexure P/5), whereby an employee who has been retired compulsorily has been made ineligible to opt for pension scheme under the Canara Bank (Employees') Pension Regulations, 1995 (for short "Regulations, 1995").

(2.) Petitioner while he was in service, was subjected to disciplinary proceedings and it was concluded in imposing penalty of compulsory retirement under the Canara Bank Officer Employees' (Disciple & Appeal) Regulations, 1976 (for short "Regulations, 1976"). Feeling aggrieved by the order of compulsory retirement, petitioner had filed an appeal before the appellate authority, wherein he has suffered an order on 30.08.2007 (Annexure P/2) and it has attained finality.

(3.) Petitioner was retired compulsorily as a measure of penalty. Even in such circumstances, an employee is entitled to portion of pension in terms of Regulation 33 of Regulations, 1995. It is undisputed that petitioner did not opt for pension when it was introduced for the first time. Therefore, there was no occasion to consider whether petitioner is entitled to portion of pension under Regulation 33 of Regulations, 1995.