SHRINATH UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the present case is aggrieved by and dissatisfied with the communication as contained in letter reference no. DBGB/HO/HRD- Pension/3998 dated 30.05.2019 issued under seal and signature of the Chief Manager of Dakshin Bihar Gramin Bank whereby he has informed the petitioner that because of the punishment of compulsory retirement from service (CRS) awarded to him on 16.01.2018, he would not qualify for pension under Regulation 20 and Regulation 31 of the Banks (Employees) Pension Regulation dated 12.12.2018. The petitioner has prayed that after quashing of this communication dated 30.05.2019 (Annexure '7/1') this Court may issue a direction to the respondent Bank for accepting the employers' contribution of provident fund in the Banks Pension Trust account as per Regulation 3(C) of the Madhya Bihar Gramin Bank (Employees) Pension Regulation 2018 and Madhya Bihar Gramin Bank (Officers and Employees) Service (Amendment) Regulation 2018 and there upon the respondent Bank be directed to make payment of pension along with 18 % interest from the date of retirement till date of actual payment.

(2.) The another prayer of the petitioner is to issue a direction to the respondent Banks to pay the leave encashment amount to the petitioner together with interest at the rate of 18 % per annum from the date of retirement till date of actual payment. Several other directions and declarations have been prayed for in the writ application but in course of hearing learned counsel for the petitioner has confined his submissions to claim the benefits as mentioned above. Brief Facts of the case & Submissions of the Petitioner

(3.) The petitioner joined the service of the erstwhile Bhojpur Rohtas Gramin Bank as a clerk-cum-cashier on 09.06.1979. The said Bank was amalgamated with Madhya Bihar Gramin Bank on 10.02.2006 and again it has been amalgamated with Dakshin Bihar Gramin Bank on 01.01.2019. It is a Regional Rural Bank constituted under the provision of the Regional Rural Bank Act 1976.