PRABHU NATH SINGH Vs. BANK OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to accept the option for pension from the petitioner herein and to pay the entire arrears of pension w.e.f. 01.11.1993 till date, as per the provisions contained in the Bank of India Officer Employees' (Disciplinary and Appeal) Regulations, 1976.

(2.) The brief facts of the case are that the petitioner had joined the services of the Bank of India as Clerk-cum-Typist on 11.08.1969, whereafter he was promoted as "D" grade (Scale-I) Officer vide letter dated 01.12.1976 and then he was promoted to Middle Management Grade Scale-II w.e.f. 01.01.1985. Thereafter, the respondent-Bank had initiated a departmental proceeding against the petitioner herein and the petitioner was inflicted with a penalty order of removal from Bank's service vide order dated 15.05.1992, which was challenged by the petitioner before this Court by filing a writ petition bearing C.W.J.C. no. 5168 of 1992, however the same was dismissed by a co-ordinate Bench of this Court by a judgment dated 05.02.1998. Thus, the penalty order of removal of the petitioner from Bank's service dated 15.05.1992 had attained finality, inasmuch as the petitioner did not choose to challenge the aforesaid order passed by a co-ordinate Bench of this Court dated 05.02.1998.

(3.) The learned Senior counsel for the petitioner has referred to the Bank of India Officer Employees' (Disciplinary and Appeal) Regulations, 1976, to contend that Clause 4 thereof, describes the penalties and the penalty order in the case of the petitioner has been passed under Clause 4 (g) thereof, which pertains to compulsory retirement, hence the petitioner would be entitled to pension. The learned Senior counsel for the petitioner has further referred to the Pension Scheme introduced for the Officers and Staff of the Bank vide Circular dated 18.04.1994, wherein it has been stipulated that the pension scheme is also applicable to the ex-employees, who have retired on or after 01.01.1986, provided they surrender Employees' Provident Fund contribution together with interest and further deposit 6% per annum interest on this amount from the date of drawal to the date of refund, however the pension would be paid w.e.f. 01.11.1983. It is thus submitted that since the pension scheme is applicable to ex-employees, the petitioner is also entitled to be granted pension. Lastly, the learned Senior counsel for the petitioner has referred to the Bank Employees (Pension) Regulations, 1993 (hereinafter to be referred to as the "Regulation, 1993"), Clause 2 (j)(iv) whereof, has been relied upon to content that retirement means "cessation from Bank's service" in case of compulsory retirement/ dismissal/ termination of service, as the case may be, without prejudice to the entitlement for superannuation benefits as per the provisions of the Service Regulations/ Service Rules/ Settlement. The learned Senior counsel for the petitioner has also relied upon a judgment rendered by the Hon'ble Apex Court in Civil Appeal no. 10956 of 2013 dated 11.12.2013 in the case of Bank of Baroda v. S.K. Kool (D) through Lrs. and another to contend that the Hon'ble Apex Court has itself directed for grant of superannuation benefits to such employees who have been punished with the penalty of removal from service.