CENTRAL BANK OF INDIA THROUGH CHIEF MANAGER, (PRS), CENTRAL OFFICE, CHANDRAMUKHI, NARIMAN POINT, MUMBAI Vs. TARA CHAND S/O SHANKER LAL JI

JUDGEMENT

(1.) By way of this appeal, the appellants have challenged the judgment and order of the learned Single Judge whereby the learned Single Judge has allowed the writ petition preferred by the original petitioner (respondent herein).

(2.) The facts of the case are that the original petitioner, being retired from the Defence Services on 30.09.1989, applied for the post of LDC which is referred to as Ex-Serviceman in the respondent Central Bank of India (hereinafter referred to as the 'Bank'). The petitioner appeared in the written test held by the Recruitment Board and he was declared successful. Thereafter, he appeared before the interview board wherein he again succeeded. After due selection procedure, he was appointed on 02.07.1990 and was posted at Branch Office of the Bank at Anjar (Gujarat).

(3.) A scheme was introduced in 1994 whereby option was taken from the employees of the Bank as to whether the employee wants to opt for the Pension Scheme or the Provident Fund Scheme. The original petitioner submitted his option for pension in time which was accepted by the appellants. Thereafter, the Bank introduced a scheme namely, the Central Bank of India Employees' Voluntary Retirement Scheme, 2001 (hereinafter referred to as the 'Scheme') which remained in operation for fifteen days only. In the aforenoted Scheme, it is made clear that normally the applicant should have completed 15 years service in the Bank or he should have attained the age of 40 years. The original petitioner sought voluntary retirement under the Scheme. However, he was deprived of his pensionary benefits. Aggrieved thereby, he preferred the writ petition, which was allowed by the learned Single Judge. Hence, this appeal has been filed by the Bank with the following prayer: