Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pension Scheme Service Law Disciplinary prwillingness to join the Pension Schemeceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – State Co-operative Bank and District Cooperative Bank Employees Self Financing Pension Scheme 2005 – First respondent-co-operative bank decided to implement the 2005 Pension Scheme, formulated by the Government of Kerala, for the employees retiring on or after 1st May, 2005 – Disciplinary proceedings initiated against the appellant, employee of the Bank – Appellant retired on 31 Jan. 2007 – His pension was held up – Bank called upon the appellant to indicate his willingness to join the Pension Scheme – Appellant indicated his willingness and was enrolled in the Pension Scheme – Grievance of the appellant that, despite him having conveyed his willingness to join the Pension Scheme, the pension records were not forwarded by the Bank to the second respondent-Board which administers the Pension Scheme – Committee constituted by the Bank to look into the allegations levelled against the appellant, opined that there was no merit in the allegations and he was entitled to his terminal dues including pension – However, disbursement of the retiral dues was being held up – High Court dismissed appellant’s writ petition inter alia seeking sanction of his pensionary dues w.e.f 1st February, 2007– On appeal, held: Eligibility of the appellant to pension under the Pension Scheme is not in dispute – Pension Scheme stipulates that superannuation pension shall commence from the beginning of the month succeeding the month in which the employee retires from service after attaining the age of superannuation – Appellant is entitled to pension w.e.f 1st February, 2007 – Bank did not forward the pension papers to the Board purportedly because of the disciplinary proceedings – It was only after the appellant was exonerated that he was finally intimated of the remittance which was required to be made, which the appellant did on the same day – No reason for the Bank to hold up the disbursal of the pensionary dues at the material time by not forwarding all the connected papers and information to the Board – Entitlement of the appellant cannot be denied – Ordered accordingly – Impugned judgment set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 754 |
Petitioner | Issac T M |
Respondent | The Idukki District Co-operative Bank Ltd & Ors. |
SCR | [2019] 10 S.C.R. 551 |
Judgement Date | 2019-07-12 |
Case Number | 5340 |
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