GOPAL PRASAD VARSHNEY Vs. BANK OF RAJASTHAN LTD

JUDGEMENT

(1.) PETITIONER was appointed on the post of Clerk in the respondent-Bank on 23. 1. 1965 after giving age relaxation of two and a half years in view of his additional qualifications. The petitioner retired from service on reaching the age of superannuation on 31. 7. 1995. Seeking protection of Regulation 26 (c) of the Employees Pension Regulations, 1993, as applicable on the respondent-bank, the petitioner has prayed for addition of two and a half years in his total service tenure for getting full pension for which the qualifying period as provided under the Regulations, is 33 years.

(2.) APART from submitting that the relaxation could be given only to the persons regularly appointed through recruitment, a preliminary objection has also been raised on behalf of the respondent that the respondent-Bank is not a State within Article 12 of the Constitution of India. Learned counsel for the respondent has submitted that the point in issue in regard to respondent-Bank been a State under Article 12 of the Constitution of India or not came for consideration before this court in the case of Arjun Singh Rajpurohit vs. Bank of Rajasthan & Ors. (1 ). Learned Single Judge at the Main Seat of this court held that the Bank of Rajasthan been a private company registered under the Companies Act, 1956, is neither held to be a State, nor any instrumentality of the State. The same question further came for consideration before this court at the Main Seat in the case of Sheesh Ram Beniwal vs. General Manager, Bank of Rajasthan & Ors. Again while relying on the judgment of Supreme Court in the case of Federal Bank Ltd. vs. Sagar Thomas & Ors. (3), this court held that the respondent-Bank is not a State within Article 12 of the Constitution of India so as to maintain a writ petition before this court.

(3.) ACCORDINGLY, the order and the record of the case be placed before the Hon'ble Chief Justice for consideration and necessary directions for constituting a Larger Bench to decide the point in issue. Since the matter may affect so many persons connected with the private Banks, the Hon'ble Chief Justice be requested to pass further necessary directions at the earliest.