MADHAV NATH TRIPATHI Vs. CANARA BANK

JUDGEMENT

(1.) PETITIONERS in both these writ applications are Ex -employees of Canara Bank belonging to officer cadre. They have retired from the service of Canara Bank (hereinafter referred as bank) under Canara Bank (Employees) Special Voluntary Retirement Scheme, 2000 (hereinafter referred as SVRS, 2000). Petitioners have filed this application for quashing of last part of Circular No. 237/2000 dated 15.12.2000 (Annexure -1) and further to declare that petitioners are entitled for revision of pension by allowing the notional benefit of five years service as provided under Regulation 29 of Canara Bank (Employees) Pension Regulation, 1995, and thereafter sought for payment of arrears from the date of fixation of pension with interest, with costs and other consequential reliefs.

(2.) PETITIONERS have challenged the last part of circular No. 237/2000 dated 15.12.2000 on the ground that in the garb of amendment of Regulation 28 of Canara Bank (Employees) Pension Regulation, 1995, the notional weightage of five years service as provided under regulation 29 has been denied to the petitioners and others similarly situated employees, without amending Regulation 29 of Canara Bank (Employees) Pension Regulation, 1995.

(3.) CANARA Bank introduced a Special Voluntary retirement scheme for its employees, who have completed 15 years of actual service or 40 years of age. This scheme was introduced by issuing Circular No. 235/ 2000, dated 11.12.2000 and it was operational for one month from 1.1.2001 to 31.1.2001. Under clause 6:3 -Provident Fund/Pension -has been defined as "Pension in terms of Canara Bank (Employees) Pension Regulation, 1995, in respect of those who have opted for pension and have put in 20 completed years of service in the Bank alongwith own contribution of provident fund." Being motivated by clause 6:3 of the Scheme, petitioners, opted for the S.V.R. Scheme, 2000 with an understanding that they shall be allowed the benefit of additional 5 years of notional service to actual service rendered by them as provided under Regulation 29(5) of the Canara Bank Employees Pension Regulation, 1995. The option submitted by them was accepted by the General Manager, which clearly indicated that the competent authority after examining the case has accorded permission to accept the application for voluntary retirement of the petitioners, under Circular 235 of 2000, retirement scheme. Almost all the petitioners have submitted their options in the month of January, 2000 but prior to that, the personal management section of the bank came out with circular No. 237/ 2000 dated 15th of December, 2000. By this circular, a proposal was made to amend the existing provision of Regulation 28 of Canara Bank Employees Pension Regulations, 1995 by incorporating following provisions to such regulation "Provided that, pension shall also be granted to employee who opts to retire before attaining the age of superannuation but after having served for a minimum period of 15 years in terms of any scheme that may be framed for the purpose by the banks board with the concurrence of the Government. In the last paragraph of circular 237/2000, it has been mentioned consequently, the employees who are members of the pension fund and opts for a voluntary retirement under the scheme as per the Circular 235/2000 are eligible only for superannuation pension under Regulation 28 of the pension Regulations. The provisions of adding 5 years notional service of the actual service rendered in case of those who opts for voluntary retirement, under circular 29 of the Pension Regulation will not be available to those who opts for voluntary retirement under the Canara Bank Employees Special Voluntary Retirement Scheme.