Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Union Bank of India (Employees') Pension Regulations 1995 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Union Bank of India (Employees') Pension Regulations, 1995- Regulation 29-Award staff-Retired voluntarily on medical grounds seeking compassionate appointment to his dependent-Appointment to dependent given-Thereafter pension scheme framed by Bank-The retired employee sought pension thereunder-Rejection challenged-Courts below granted pension-On appeal, held: The retiree being award staff and having been retired under different scheme cannot be considered having voluntarily retired-Hence not entitled to pension under the Scheme-Service Law-Pension.Respondent No. 1 an employee of the appellant-Bank, sought retirement on medical grounds with request to give employment to his dependent on compassionate ground. His application was dealt with and considered under non-statutory scheme namely 'Appointment of Dependents of Employees Retiring Voluntarily on Medical Grounds'. He was retired w.e.f. 1.11.1993. His dependant was also given employment.Appellant-Bank framed Union Bank of India (Employees') Pension Regulations 1995, whereunder pension option was made available to the employees of the appellant. Bank called for option to be exercised by the employees who had retired between 1.1.1986 and 31.10.1993. Respondent No. 1 submitted an application for pension under the Regulations, but his claim was rejected by the Competent Authority on the ground that he was not eligible as he was an award staff and was retired under different scheme. Indian Bank's association also advised the Bank that the concept of voluntary retirement for the purpose of receiving pension on voluntary retirement under Regulation 29 was not available to the award staff. Respondent filed Writ Petition seeking grant of pension and the same was allowed by Division Bench of High Court Hence the present appeal. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2007 INSC 37 |
Petitioner | Union Bank Of India |
Respondent | Venkatesh Gopal Mahishi And Anr. |
SCR | [2007] 1 S.C.R. 878 |
Judgement Date | 2007-01-12 |
Case Number | 5503 |
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