Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Voluntary retirement Bank employee Central Bank of India (Employees) Pension Regulations 1995 Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Voluntary retirement - Bank employee -After 31 years of service tendered resignation from service on account of medical ground - Resignation accepted resulting in forfeiture Pension - Pension since is not a bounty, but a right which is acquired by long service, the Court will be slow in presuming that the employee intended to waive or abandon without any cogent reason. Waiver - Of legally enforceable right - When G admissible - Held: For waiver of legally enforceable right, it is necessary that the same is clear and unequivocal, conscious and with full knowledge of the consequences.of the entire service rendered by him and disentitling him to claim any pensionary benefit - Whether the letter, was in essence a letter seeking pre-mature retirement or a letter of resignation - Held: The employee was qualified to receive pension in terms of Service Regulations - He was also entitled to seek voluntary retirement and not resignation - Direction to employer-Bank to release the retiral benefits to the employee - Central Bank of India (Employees) Pension Regulations, 1995- Regulation 29(2).Pension - Pension since is not a bounty, but a right which is acquired by long service, the Court will be slow in presuming that the employee intended to waive or abandon without any cogent reason.Waiver - Of legally enforceable right - When admissible - Held: For waiver of legally enforceable right, it is necessary that the same is clear and unequivocal, conscious and with full knowledge of the consequences. Interpretation of Statutes- While interpreting a statute, court to keep the legislative intent in mind and eschew an interpretation which tends to restrict, narrow down or defeat its beneficial provisions - The beneficial provisions of a Pension Scheme or Pension Regulations should be interpreted liberally so as to promote the object underlying that, rather than denying benefits due to beneficiaries - Service Law- Pension. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 1045 |
Petitioner | Shashikala Devi |
Respondent | Central Bank Of India & Ors. |
SCR | [2014] 13 S.C.R. 868 |
Judgement Date | 2014-12-17 |
Case Number | 11488 |
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