PENSION TO RESIGNEE- S.CA.21371/2017.28.9.22 GUJARAT HC

[mohan p]

FOR INFORMATION:

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 21371 of 2017
KIRITKUMAR LALLUBHAI CHAUHAN
Versus
CENTRAL BANK OF INDIA
=============================
Appearance:
MR NAVALDAN R LANGA(2943) for the Petitioner(s) No. 1
ANISH P CHARI(8111) for the Respondent(s) No. 1
MR PS CHARI(215) for the Respondent(s) No. 1
=====================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

Date : 28/09/2022

ORAL JUDGMENT

"The issue pertains to the grant of pension to the petitioner, considering
the case of the petitioner to have resigned from the service. The
respondent-Bank has treated the petitioner to be ineligible for the
purpose of pension under the Scheme."
*****
Quote:
"It is observed that the petitioner has completed 31
years of service and that qualifying service for pension is 20 years as per
Regulation and therefore, in any case, the petitioner has completed
qualifying service period for the purpose of pension.
13.With the aforesaid reasoning, the Court holds that the petitioner is
entitled to the benefits under the Pension Scheme. The impugned
Communication dated 25-11-2010 (Annexure-E) therefore is ordered to
be quash and set aside. The case of the petitioner be treated
accordingly. The petitioner through his Advocate undertakes that he
shall comply with all the requirement of the Scheme including
refunding of the amount/benefits received under any other scheme as
part of retirement benefits in place of pension in accordance with the
policy followed by the respondent bank, if necessary.
14.The petition stands allowed. Rule is made absolute to the aforesaid
extent with no order as to costs."
Sd/-
(A.Y. KOGJE, J)

[bhaskara sarma]

Excellent judgement after a long time.

With regards,

P Bhaskara Sarma

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[JSOMA SHEKARA]

This case seems to be decided on technical grounds. Though, petitioner 's resignation was accepted before the joint note date he was relieved after the joint note date. 

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[Raghunathan D S]

I feel there could be certain reasons behind the absence of the lawyer representing the Bank. Don't think that they would be not aware of ,that the case would be awarded ex-parte. Perhaps the Bank is convinced and who knows could have been led to do so and advised, by IBA -not to oppose. Whatever may be, the good thing has happened to our resignee friend. Congratulations.

 Perhaps I should not be mistaken if I reveal the inner feelings and desire of mine that the time has indeed arrived where and when IBA should advise member banks to extend second option to all the resignees as it did in the case of CRS people. The main hurdle- this regulation 22- should be either revisited or to be abolished. The SC hearing particularly with regard to this, for reasons known to them only has , learned by me, been postponed indefinitely, just because of the single error of the registrar concerned. Bad luck to us resignees. Until that Supreme Court case getting listed and settled ,no remorse on the cards in the nearest future for our whole Resignee community. 

Pray for us 🙏

Raghunathan 

Chennai 

3-10-22

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[km...@hotmail.com]

Sirs

It's really a welcome judgement,  favoring resignees.

For unknown reasons,  the benefit is given to those who took legal routes but others , who haven't  approached courts, no benefit is passed on. ( Like me there could be many )

Let us pray ...

MAHALINGAM. K.
(UCO Bank)

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Monday, 03 October 2022, 09:39AM +05:30 from bhaskara sarma pbsa...@gmail.com:

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[Srirama Murti]

though the judgement is welcome by us, it is meaningful when it is applied to all resignees

invariably and not just the petetioner.

Let us wait and see how the IBA  and UFBU act in the subject matter

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