pension to resignees/vrs optees/crs employees in banks/insurance companies-decided cases

[mahesh agrawal]

IMPORTANT HIGH COURT/SUPREME COURT JUDGEMENTS IN THE
MATTER OF PAYMENT OF PENSION TO BANK/GENERAL INSURANCE
EMPLOYEES WHO HAVE RESIGNED FROM THE SERVICE OR RETIRED
VOLUNTARY / COMULSORY
1.In the matter of Sri Sheel Kumar Jain Vs The New India Assurance Company
Ltd. (Case No. 6013 of 2011), Supreme Court of India have in unambiguous terms
delivered a judgement in favour of the petitioners and have averred that the officer who
has resigned from the service of the company after completing 20 years of service and
by giving three months notice, is eligible for pension benefits.
2.In the matter of civil appeal No. 6959 of 1987(SLP © 7639/59) Bank of India Vs
Indu Rajagopalan and others, the apex court has upheld the verdict of Hon’ble High
Court which inter alia reads as under. "All that has happened is in such of the banks
where a scheme for voluntary retirement was available, certain employees retired under
that scheme. Now, a comprehensive pension scheme has been framed which came into
force w.e.f.1-11-1993 and applicable uniformly to all Bank employees which provides
for voluntary retirement as well. The applicability of these Rules to those employees
who have voluntarily retired w.e.f. 1-1-1986 to 31.10.1993 is raised in these matters. It
is not possible for Shri V.R. Reddy, learned senior counsel who appeared for the
appellants to point out that there is any significant financial or other burden or
difference so far as those who had voluntarily retired and those who had ordinarily
retired. In that event where there is no distinction, the authorities having sought to make
a distinction and not applied the regulations framed subsequent to their retirement, the
High Court has given appropriate directions. We also notice that the number of
employees who have retired in this manner is also very small. (Emphasis added)
Therefore, we think no interference is called for in these appeals. The appeals are,
therefore, dismissed with no order as to costs."
3.In the matter of civil appeal No. 307 0f 1987 dated 27-07-1990, the apex court has
clearly stated that there is no difference between retirement and resignation. The verdict
inter alia reads as under. "In the present case the employees request contained in the
letter of resignation was accepted by the employer and that brought an end to the
contract of service. The meaning of term 'resign' as found in the Shorter Oxford
Dictionary includes 'retirement'. Therefore, when an employee voluntarily tenders his
resignation it is an act by which he voluntarily gives up his job. We are, therefore, of
the opinion that such a situation would be covered by the expression 'voluntary
retirement' with in the meaning of Clause (i) of Sec.2(s) of the State Act."
4.In the matter of the appeal of Satya Srinath of Syndicate Bank in Case No. appeal
(civil) 6721 of 2004 in relation to compulsory retirement, the apex court has upheld
the appeal of Satya Srinath of Syndicate Bank in case No. Appeal (civil) 6721 of 2004.
The judgment inter alia reads as under. "This appeal is directed against the order dated
7th April, 2003 passed by the Division of the Karnataka High Court whereby the
Division Bench has set aside the order of the learned Single Judge and allowed the writ
petition No. 25322 of 1999, quashed the impugned order dated 26th June, 1999 and
directed the management of the Appellant Bank to pay the pension to the respondent
from 1.11.1993”.
I think the decisions may be useful where in petions have been filed by the individuals
/associations for pension option to such category of persons.
M.C.Agrawal
mca...@rediffmail.com

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[R.K. Pathak]

thanks MR. agarwal

Pathak R k 

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[synd_man]

Thank you Mahesh Agrawal for Highlighting the  Four decided cases in favour of Retirees under VRS/CRS & Resignees. These cases shall be quoted in the writ filed by the concerned Retirees and brought to the notices of concerned High Courts .

 

Synd_man

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