Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Jridian Bank Employee's Pension Regulation 1995- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Indian Bank Employee's Pension Regulation 1995 - Regulations 18 and 28 - Pensionary benefits under voluntary retirement Scheme - Qualifying service for obtaining pension was 15 years - Regulation 18 provided that if period of service included "broken period" of service less than one year, but more than six months, such "broken period" to be treated as one year - Employee had completed 14 years and 9 months of service at the time of voluntary retirement - His claim for pension rejected on the ground that he had not completed 15 years of service - High Court however allowed claim of employee - Interference with - Held: No case made out for interference under Art. 136 - Regulation 18 which provided for rule of measurement of "broken period", not controlled by any of the Regulations providing for qualifying service - It does not brook any restrictive interpretation - Provisions beneficial in nature to be construed liberally - Interpretation of Statutes - Liberal Construction - Constitution of India, 1950 - Article 136.Respondent-employee took voluntary retirement in terms of the voluntary retirement scheme floated by Appellant-Bank. At that time, Respondent had completed 14 years, 9 months and 17 days of service. He filed an application for grant of pensionary benefits under the Voluntary retirement Scheme. The application was rejected on the ground that Respondent had not completed 15 years of service. Respondent filed writ petition, on which High Court directed the Appellant to grant pensionary benefits to him.In appeal to this Court, it was contended that the High Court failed to consider that qualifying service for obtaining pension was minimum 15 years of service and Regulation 18 of the Indian Bank Employee's Pension Regulations, 1995 providing for measurement of "broken period" of service did not come within the purview thereof. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 879 |
Petitioner | Indian Bank And Anr. |
Respondent | N. Venkatramani |
SCR | [2007] 9 S.C.R. 570 |
Judgement Date | 2007-08-30 |
Case Number | 3989 |
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