SHANKER PUSHKARNA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for direction to the respondents to pay him pension with effect from the date he voluntarily retired from service which is 16.12.1993 in accordance with Regulation 29 of the State Bank of Bikaner and Jaipur Employees (Pension) Regulations, 1995 and, so also, direct the respondents to pay the entire arrears of pension admissible to him as per the regulations with effect from 16.12.1993 till the date of actual payment along with interest at the rate of 24% per annum. Further, as a consequence of the aforesaid relief, the petitioner has claimed retrial benefits as a consequence of voluntary retirement with effect from 16.12.1993 along with interest at the rate of 24% per annum.

(2.) Besides the above, the petitioner has prayed in the writ petition that by an appropriate writ or direction it may be declared that Regulation 22(1) of the regulations is not applicable so far as the case of the petitioner is concerned and it may be held that the word "resignation" used in Regulation 22(1) may be declared to be unreasonable, void, unconstitutional and ultra vires to Article 14 of the Constitution of India.

(3.) Brief facts of the case narrated by the petitioner in the writ petition are that the petitioner was initially appointed as record Keeper -cum -Godown Keeper and he joined his duties as such with effect from 21.07.1971. Thereafter, upon satisfactory service, he was confirmed on the said post with effect from 14.05.1972. The petitioner was promoted further to the post of Clerk -cum -Cashier with effect from 01.10.1979 and, then, he continuously worked on the said post. The contention of the petitioner in the writ petition is that he was discharging his duties very faithfully and sincerely and, in this regard, he has placed on record Annex. -1, the certificate issued by the respondent Bank where the petitioner was working.