GANPAT SINGH Vs. BANK OF BARODA AND ORS.

JUDGEMENT

(1.) WE have heard learned Counsel for the parties.

(2.) THE short issue raised in this appeal is whether the petitioner who has been coaxed to seek pre -mature retirement before he has attained the age of superannuation and before he attained the age of voluntarily retirement under the Bank of Baroda (Employee's) Pension Regulations, 1995 (hereinafter referred to as the Regulations of 1995) entitles him to claim pensionary benefits on completing the qualifying service of ten years or more.

(3.) THE petitioner claims that the voluntary retirement Scheme carries all the benefits payable under the Rules on voluntary retirement along with additional ex -gratia payment so that employees could be persuaded to seek pre - mature retirement as desired by the Bank even before he could ordinarily seek retirement under Rules with usual retiral benefits. The case of the petitioner in this regard is that a bank employee becomes entitled to pensionary benefits after completing qualifying service of 10 years under the Rules which he had completed. Since he has not sought voluntary retirement under the Pension Regulations, he is not governed by those Rules. Therefore, either he must be deemed to be superannuated under the Scheme or he may be treated to have been pre -matured retired through the voluntary retirement scheme floated by the Bank and at any rate he is governed under Regulation 32 of the Regulations of 1995 which also provides that the pensionary benefits would be available on completion of 10 years of qualifying service.