Gujarat High Court
Harshadbhai Bhaichand Shah vs Bank Of India & Ors on 9 February, 2016
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
C/SCA/769/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 769 of 2016
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HARSHADBHAI BHAICHAND SHAH ....Petitioner
Versus
BANK OF INDIA & ORS. ....Respondents
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Appearance:
MR. VISHAL P THAKKER, ADVOCATE for the Petitioner
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 09/02/2016
ORAL ORDER
1. The petitioner has made the following prayers.
"8(A) Your Lordships be pleased to issue an appropriate writ, order or direction, directing the respondent to pay pension flowing out of the services of the petitioner within stipulated time as deemed fit by this Hon'ble Court along with interest accrued thereon, due to delayed payment of the same, from the date of retirement of petitioner in accordance with law, in the interest of justice and equity;
(B) Your Lordships be pleased to issue an appropriate writ, order or direction, directing the respondent to pay pension Page 1 of 6 HC-NIC Page 1 of 6 Created On Wed Feb 10 02:54:17 IST 2016 C/SCA/769/2016 ORDER flowing out of the services of the petitioner within stipulated time as deemed fit by this Hon'ble Court along with interest accrued thereon, due to delayed payment of the same, from the date of retirement of petitioner in accordance with law, in the interest of justice and equity, pending the admission hearing and final disposal of this petition;
(C) Your Lordships be pleased to grant interest @ 12% p.a., on the awarded amount, following the delay caused in making payment of retiral benefits of the petitioner;
(D) Your Lordships be pleased to grant such other and further relief's as deemed fit in the interest of justice."
2. Heard learned advocate for the petitioner.
3. Learned advocate for the petitioner has submitted that, the petitioner is not paid pension and the inaction on the part of the respondent is illegal and the same be interfered with. Reliance is also placed on the decision of Hon'ble the Supreme Court of India in the case of Asger Ibrahim Amin versus Life Insurance Corporation of India reported in 2015 (3) GLH 329 and of this Court in the case of Ghanshymabhai Muljibhai Patel versus Bank of India reported in 2013(3) GLR 2391. It is submitted that this petition be entertained.
4. Having heard learned advocate for the petitioner and Page 2 of 6 HC-NIC Page 2 of 6 Created On Wed Feb 10 02:54:17 IST 2016 C/SCA/769/2016 ORDER having gone through the material on record, this Court finds as under.
4.1 It is not in dispute that the petitioner had resigned from the service of the bank with effect from 13.08.1987. The request of the petitioner dated 13.08.1987 (at page 21) reads as under.
"3. Under the circumstance, I once again appeal / request you to please consider my request, as aforesaid i.e. for transfer to any of the branch in Bhavnagar City / District as a very special case and oblige.
4. Alternatively, please treat my this letter as my letter of resignation from Bank's service with a notice for one month from today i.e. 13.08.1987."
4.2 The said resignation was accepted by the Bank with effect from 13.08.1987 and office order to that effect was also passed on 11.11.1987 which is on record. The said order reads as under.
"Bank of India DIU BRANCH Market Roda, Post Bag No.2, DIU.
Ref. No. DIU:ACM:19:755 Date : 11-11-1987.
Regd. A.D. Shri H.B. Shah, 933-A, Aerodrome Road, Near Muni Dairy, Bhavnagar.Page 3 of 6
HC-NIC Page 3 of 6 Created On Wed Feb 10 02:54:17 IST 2016 C/SCA/769/2016 ORDER Dear Sir, Re. : Your resignation We are to advise that your resignation is accepted by Head Office w.e.f. 13.8.87 with :-
1. Recovery of three moths emoluments in lieu of notice period and recovery of other outstanding liabilities;
2. Your absence from 1.7.1987 to 12.8.87 would be treated as extra-ordinary leave.
Please pay the above due to the Bank immediately or alternatively pleased give the letter of authority to recover the same from your terminal dues.
Please give the Pension / gratuity claim application addressed to terminal benefits department so as to enable us to forward your claim urgently.
Please treat this as very urgent.
Sd/-
Manager"
4.3 His gratuity was paid to him on 07.07.1988, the details of which are on record at Page - 31, Annexure - E. The petitioner has not done anything thereafter. As late as in the year 1994, he moved the respondent bank to claim pension. The said request was rejected by the bank on 20.07.1994 in the following terms.Page 4 of 6
HC-NIC Page 4 of 6 Created On Wed Feb 10 02:54:17 IST 2016 C/SCA/769/2016 ORDER "We have received an application from Mr. H.B. Shah - who had resigned from your branch - opting for pension scheme, 1993.
2. As interpreted by us, Mr. Shah, since he had resigned from Bank's service would not be eligible under captioned scheme. Please refer head Office, Terminal Benefits Department Circular Letter No.1994/95-23 dated 09.06.1994
- page No.2 - Regulation 17 Sub-clause 1 in this connection.
3. If required, please seek confirmation form higher-ups and reply suitably to Mr. Shah under advice to us.
4. Option letter received from Mr. shah is enclosed, in duplicate, for your doing the needful in the matter."
4.4 The above referred denial by the bank, relying on its rules, is not challenged by the petitioner, at any point of time, not even in this petition. Non-payment of pension to the petitioner under these circumstances can not be said to be inaction on the part of the bank in any manner. The petition therefore needs to be rejected.
4.5 So far the reliance on the decision of Hon'ble the Supreme Court of India in the case of LIC of India (supra) is concerned, the case of an employee of LIC of India was examined by Hon'ble the Supreme Court of India, which, on facts, would not be applicable in the present case. So far the Page 5 of 6 HC-NIC Page 5 of 6 Created On Wed Feb 10 02:54:17 IST 2016 C/SCA/769/2016 ORDER decision of this Court in the case of Ghanshyambhai Manubhai Patel (supra) is concerned, the same would also not take the case of the petitioner any further since in the present case, the resignation is of the year 1987, the denial is of the year 1994 and now the petitioner has approached this Court after decades. Considering the totality, this Court finds that no relief can be granted to the petitioner. This petition therefore needs to be dismissed.
5. For the reasons recorded above, this petition is dismissed.
(PARESH UPADHYAY, J.) mhdave/1 Page 6 of 6 HC-NIC Page 6 of 6 Created On Wed Feb 10 02:54:17 IST 2016