Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 15 years of service not completed Pro-rata pension Denial of voluntary retirement Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Pro-rata pension – Denial of, on opting for voluntary retirement under Voluntary Retirement Scheme – Writ petition – Single Judge of High Court directed the employer-Bank to extend the benefit of pro-rata pension in terms of the Scheme r/w. Pension Regulations – Division Bench of High Court upheld the order of Single Judge – Appeal to Supreme Court – Held: In view of Clause 6(ii) of Voluntary Retirement Scheme, payment of pension under the Scheme has to be as per Pension Regulations – As per Regulation 28 of Pension Regulations, an employee who opted for retirement before superannuation, would be entitled for pension, after rendering service for a minimum period of 15 years – Therefore, the respondent-employee, who had rendered service only for 11 years was not entitled for pension – Central Bank of India Employees Voluntary Retirement Scheme, 2001 – Clauses 4 and 6(ii) – Central Bank of India (Employees’) Pension Regulations, 1995 – Reg.28. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 846 |
Petitioner | Central Bank Of India & Ors. |
Respondent | Tara Chand |
SCR | [2019] 10 S.C.R. 841 |
Judgement Date | 2019-07-31 |
Case Number | 5898 |
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