Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1995 Service Law: Indian Bank (Employees) Pension Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Indian Bank (Employees) Pension Regulations, 1995; Proviso to Regulation 17/Indian Bank Officers' Service Regulations, 1979; Regulation 37:Voluntary Retirement - Leave availed by employees on loss of pay - Consideration for getting pensionary benefits - Held: Grant of leave governed by Service Regulations whereas grant of pension governed by Pension Regulations-In terms of r. 21 of the Civil Services Pension Rules, in case leave is granted on medical ground, appointing authority could allow such period to be counted as qualifying service - However, the same has no application in the instant case since for the purpose of construing a statute, reference to another statute not permissible - Thus, High Court committed an error in relying on the provision under Civil Services Pension Rules - In terms of proviso to Regulation 17 of Pension Regulations, employees of Bank entitled to such benefit in the event a direction allowing the. period of leave so granted to be counted as qualifying service issued by sanctioning authority at the end of service of the employee concerned and not at , the time when leave granted - Since no such direction issued, the question of granting leave by the competent authority for the purpose of pensionary benefits would not arise - Hence, impugned judgment of High Court could not be sustained and set aside - Central Civil Services Pension Rules - Rule 21.Respondent-employees after serving the appellant-Bank for more than 10 years sought for voluntary retirement from services in the year 2001. The offer of retirement has been accepted by the appellant-Bank. The representation of the employees to consider the period of leave availed by them on loss of pay for the purpose of computing the pensionary benefits was rejected by the Bank. Aggrieved, respondents challenged the order by filing writ petitions before the High Court, which were allowed by the High Court. Hence the present appeals.The question which arose for determination in these appeals related to interpretation of Regulation 17 of the Indian Bank (Employees') Pension Regulations, 1995 vis-a-vis Regulation 37 of the Indian Bank Officers' Service Regulations, 1979. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1131 |
Petitioner | Management Of Indian Bank And Anr. |
Respondent | G. Ramachandran And Ors. |
SCR | [2007] 11 S.C.R. 967 |
Judgement Date | 2007-11-02 |
Case Number | 5238-5242 |
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