SUMAN KUMAR SINHA Vs. DAKSHIN BIHAR GRAMIN BANK

JUDGEMENT

(1.) A coordinate Bench of this Court in case of Birendra Kumar Vs. The Dakshin Bihar Gramin Bank (earlier known as Madhya Bihar Gramin Bank) and Ors., reported in 2020(3) PLJR 480, upon examination of various provisions of Madhya Bihar Gramin Bank (Officers and Employees) Service Regulations, 2010 (hereinafter referred to as the 'Regulations') has opined that a person having been compulsorily retired by way of punishment before the effective date of the Regulations coming into force (i.e. 2/11/2018) shall not be entitled for pension under the provisions of the said Regulations. Paragraphs 11 and 12 of the decision in case of Birendra Kumar (supra) read thus :

(2.) Before concluding as hereinabove, this Court in case of Birendra Kumar (supra), has discussed various statutory provision under the Regulation, in paragraph 10, as under : -

(3.) In a subsequent decision rendered by another coordinate Bench of this Court in case of Shrinath Upadhyay vs. Union of India through its Secretary, Ministry of Finance and Ors., reported in 2021(1) PLJR 273, the decision rendered incase of Birendra Kumar (supra) has been held to be per incuriam and, therefore, not a binding precedent. Paragraphs 47 to 49 of decision rendered in case of Shrinath Upadhyay (supra) reads as under : -