Karnataka High Court
P D Nanaiah vs Vijaya Bank on 31 August, 2017
Author: Raghvendra S.Chauhan
Bench: Raghvendra S. Chauhan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST 2017
BEFORE
THE HON'BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN
WRIT PETITION Nos.17234-17267/2014 C/W
W.P.Nos.3403/2014, 23920/2014,
31429-31434/2014, 51719-51754/2014,
51755-51758/2014, 51760-51774/2014,
52048-52057/2014, 52059-52067/2014,
52068-52074/2014, 52075-52077/2014,
52496-52497/2014, 52498/2014, 52499/2014,
55946-55948/2014, 55949/2014,
58255/2014, 746/2015, 7203/2015,
9102/2015, 29284-29287/2015,
29288-29301/2015, 42785/2015,
42786-42787/2015 ( S - RES )
IN W.P.Nos.17234-17267/2014:
BETWEEN:
1. P.D. NANAIAH
S/O. P.P. DEVAIAH,
AGED ABOUT 59 YEARS,
R/AT #471, IST MAIN, VI CROSS,
S.T. BED LAY-OUT, KORAMANGALA,
BANGALORE-560034.
2. DHANPAL H. GAMANAGATTI
S/O. HANUMANTHAPPA,
AGED ABOUT 56 YEARS,
C/O. RAGHAVENDRA D. BHANDARI,
HCM IBEX ENGINEERING PVT. LTD.,
SOMANAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560082.
2
3. SMT. MANJU K. HARDASANI
W/O. KAILASH HARDASANI,
AGED ABOUT 53 YEARS,
R/AT B/4, BHARATH BUILDING,
PLOT NO.170/191, ROAD NO.28/A,
SION EAST, MUMBAI-400022.
4. SMT. NAGAMMA G. NAYAK
W/O. GOPALAKRISHNA R. NAYAK,
AGED ABOUT 60 YEARS,
R/AT "ASHIRWAD", AT-BOLE,
POST-SHETGERI, TQ-ANKOLA,
UTTARA KANNADA DISTRICT-581314.
5. SMT. T. MINAL SAROSH
W/O. T. S. JOEL SAROSH,
AGED ABOUT 53 YEARS,
R/AT D 304, SHANTANU APARTMENTS
BEHIND AZAD SOCIETY, NEAR VASTRAPUR TELETECH
AMBAVADI, AHMEDABAD-380015.
6. H. S. GOPALAKRISHNAN
S/O. K. HARIHARAN,
AGED ABOUT 55 YEARS,
R/AT PLOT NO.214, D WING,
BHOOMI GREEN, RAHEJA ESTATES,
KULUPWADI, BORIVILI EAST,
MUMBAI-400066.
7. V. MADHAVAN
S/O. A. V. VENKATRAMAN,
AGED ABOUT 51 YEARS,
R/AT NO.32/33, NATARAJANAGAR,
P & T COLONY EXTENSION,
KAVUNDAMPALAYAM,
COIMBATORE-641030.
8. G. B. SRINIVASA
S/O. G. V. BADARINATH,
AGED ABOUT 50 YEARS,
R/AT 982, 1ST FLOOR,
4TH D MAIN ROAD, 2ND STATE,
RAJAJINAGAR,
3
BANGALORE-560010.
9. J. SATYAGOPALA RAO
S/O. LATE J. SATYANARAYANA,
AGED ABOUT 57 YEARS,
R/AT FLAT NO.242, 'C' BLOCK,
MAJESTIC MANSION APARTMENTS,
BEGUMPET,
HYDERABAD-500016.
10. T. S. RAMESH
S/O. T. E. HANUMANTHAPPA,
AGED ABOUT 60 YEARS,
R/AT MAYFLOWER, FLAT-104, NO.200,
2ND MAIN, 4TH CROSS, DEFENCE COLONY,
INDIRANAGAR,
BANGALORE-560038.
11. K. SHASHIDHARA SHETTY
S/O. LATE H. VITTALA SHETTY,
AGED ABOUT 65 YEARS,
R/AT "JYOTHI NIWAS", KUKANADU,
POST DEVALKUNDA-576230,
KUNDAPUR TALUK, UDUPI DISTRICT.
12. S. G. RAJA GOPAL REDDY
S/O. LATE SANIKAM GOVINDA REDDY,
AGED ABOUT 63 YEARS,
R/AT NO.19, 7TH CROSS, 17TH E-MAIN ROAD,
6TH BLOCK, KORAMANGALA,
BANGALORE-560034.
13. RAJENDRA D. PATIL
S/O. DUNDAPPA,
AGED ABOUT 62 YEARS
C/O SHIVAKUMAR K. SOPPANNAVAR,
LIG #05(NEW NO.88), 1ST MAIN ROAD,
K.H.B. COLONY, 2ND STAGE,
VASAVESHWARANAGAR,
BANGALORE-560079.
14. M. NARENDRA PADIVAL
S/O. RAJAVERMA RAI,
AGED ABOUT 62 YEARS,
4
R/AT MUDAYOOR HOUSE,
CHIKKMUDNOOR POST,
PUTTUR TALUK,
DK DISTRICT-574203.
15. D. SHEKAR SHETTY
S/O. LATE KORAGAYYA SHETTY,
AGED ABOUT 60 YEARS,
R/AT NO.49, MATHRU CHAYA,
6TH MAIN ROAD, ADITHYANAGAR,
J. P. NAGAR 8TH PHASE,
BANGALORE-560062.
16. Y. VITTAL MADIVAL
S/O. KRISHNA SUVARNA,
AGED ABOUT 63 YEARS,
R/AT 2-236, SHIVANUGRAHA,
AMRITNAGAR 1ST BLOCK,
1ST CROSS, VOMANJOOR,
MANGALORE-575028.
17. E. SHIVARAMA RAI
S/O. MUTHAPPA RAI,
AGED ABOUT 65 YEARS,
R/AT DERALA HOUSE, KEYYUR VILLAGE,
P.O. MADAVU-574318,
PUTTUR TALUK, D. K. DISTRICT.
18. M. SURESH RAO
S/O. LATE M. VASUDEV RAO,
AGED ABOUT 65 YEARS,
R/AT PRAGATHI, OPP: CRYSTAL,
PLYWOODS, CHILIMBI,
MANGALORE-575006.
19. K. M. VASAN
S/O LATE M P KUNJALI,
AGED ABOUT 61 YEARS,
R/AT #66, "TAPAS", TAPONAGARA MAIN ROAD,
CHIKKAGUBBI,
OFF:HENNUR BAGALUR ROAD,
BANGALORE-560077.
5
20. P. MURALIDHAR RAO
S/O. LATE P. RAGHAVA RAO NAIDU,
AGED ABOUT 63 YEARS,
R/AT NO.15, ANJANADRI APARTMENT,
2ND FLOOR, 7TH MAIN, 8TH CROSS,
RAJEEV NAGAR, BANASHANKARI 3RD STAGE,
BANGALORE-560085.
21. RAMACHANDRA C. MOOGOOR
S/O. C.R.C. SHEKAR,
AGED ABOUT 60 YEARS,
R/AT "HARSHA", CONVENT ROAD,
MADIKERI-571201.
22. HARISH D. PANDYA
S/O. DEVSHANKER,
AGED ABOUT 67 YEARS,
R/AT C/702, PRERNA TOWER,
OPP:SANJNANI HOSPITAL,
NR.VASTRAPUR LAKE,
VASTRAPUR,
AHAMEDABAD-380015.
23. K. JESWANTH
S/O. LATE K. ACHUTHA,
AGED ABOUT 50 YEARS,
R/AT #103, 3RD CROSS, UAS LAYOUT,
RMV II STAGE,
BANGALORE-560094.
24. A. RAMA HANDA
S/O. LATE KRISHNA HANDA,
AGED ABOUT 64 YEARS,
R/AT HOUSE NO.III-135/1,
NERAMBALLY ROAD,
ANKADAKATTE,
POST:KOTESHWARA-576222,
UDUPI DISTRCT.
25. MRS. SURINDER KAUR MALHI
W/O. S. HAKUMAT SINGH MALHI,
AGED ABOUT 56 YEARS,
C/O. DR. DAVINDER SINGH SANDHU,
1803, MAHARAJA NAGAR,
6
NEAR PAU, LUDHIANA(PUNJAB)-141001.
26. FELIX FURTADO
S/O. LATE ANTONY FURTADO
AGED ABOUT 63 YEARS,
R/AT. 11-253/2(3), "SHANTHI",
KAKKEBETTU, KULSHEKAR,
MANGALORE-575005.
27. K. CHANDRASHEKAR RAO
S/O. LATE K. KRISHNA RAO,
AGED ABOUT 61 YEARS,
R/AT SRI SHAKTHI, GROUND FLOOR,
I STAGE, 6TH CROSS,
VINOBHANAGAR,
SHIMOGA-577204.
28. B. SUBODH KUMAR
S/O. LATE B. N. BOLE GOWDA,
AGED ABOUT 53 YEARS,
R/AT S-117, 1ST CROSS, KEC COLONY,
3RD STAGE, 4TH BLOCK,
BASAVESHWARANAGAR,
BANGALORE-560079.
29. RAVINDRA VAMANRAO KULKARNI
S/O. VAMANRAO KULKARNI,
AGED ABOUT 62 YEARS,
V.R. KULKARNI, H.NO.99,
"SITARAM", II CROSS, 8TH MAIN,
CENTRAL EXCISE LAYOUT,
VIJAYANAGAR,
BANGALORE-560040.
30. P. JAGANNATH SHETTY
S/O. PONKRA M. SHETTY,
AGED ABOUT 67 YEARS,
R/AT 6, DIVYA BANGLOW,
B/H SHARANAM 7/8/9,
SATALITE JODHPUR TEKRA,
AHMEDABAD-380015.
31. PRAKASH B. KARAKARADDI
S/O. BASAPPA,
7
AGED ABOUT 59 YEARS,
R/AT #1683, 1ST FLOOR, 2ND CROSS,
3RD PHASE, PRAKASH NAGAR,
BANGALORE-560021.
32. K. KRISHNANANDA RAO
S/O. LATE UMESH RAO,
AGED ABOUT 62 YEARS,
R/AT #301, RAMLAKSHMI APARTMENTS,
37TH CROSS, ANANT NAGAR,
NEAR HUSKUR GATE, ELECTRONIC CITY,
BANGALORE-560100.
33. MRS. J. ANASUYA
W/O. M. KESHAVA,
AGED ABOUT 62 YEARS,
R/AT V. S. NILAYA, PRAKASHNAGAR,
PILAR, P O KOTIKAR,
SOMESHWAR GRAMA,
MANGALORE-575022.
34. HARESH KUMAR H. DESAI
S/O. HIRALAL SHIVBHAI DESAI,
AGED ABOUT 54 YEARS,
RATNAMANI TENEMENTS,
OPP GYANDA GIRLS SCHOOL,
GHADLODIA,
AHMEDABAD-380061. ... PETITIONERS
(BY SRI NAGA PRASANNA M., ADVOCATE)
AND:
1. VIJAYA BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION & TRANSFER OF
UNDERTAKINGS) ACT, 1980,
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
NO.41/2, M G ROAD,
BANGALORE-560001.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
8
CENTRE-1, 6TH FLOOR ,CUFFE PARADE,
MUMBAI-400005,
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI-110001. ... RESPONDENTS
(BY SRI PRADEEP S. SAWKAR, ADV. FOR
M/S. SUNDARSWAMY & RAMDAS, ADV. FOR R-1 & R-2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND DIRECT THE RESPONDENT/VIJAYA BANK
GRANT PENSION TO THE PETITIONERS IN TERMS OF THE
SETTLEMENT DATED 27.4.2010 (VIDE ANNEXURE-K TO THE
W.P.) ARRIVED AT BETWEEN THE INDIAN BANKS' ASSOCIATION
AND THE WORKMEN TRADE UNION/OFFICERS OF THE
RESPONDENT/BANK IN TERMS OF THE REPRESENTATIONS
GIVEN BY THE PETITIONERS (VIDE ANNEXURE-T) TO THE W.P.)
AND PAY THEM PENSION IN ACCORDANCE WITH THE VIJAYA
BANK (EMPLOYEES) PENSION REGULATIONS, 1995,
FORTHWITH, w.e.f. 1.11.2009 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
P.A. FROM THE DATE THE AMOUNTS BECAME DUE IN TERMS
OF THE SETTLEMENT DATED 27.4.2010 TILL THE DATE OF
PAYMENT.
IN W.P.No.3403/2014:
BETWEEN:
1. B.K. RAJANNA,
AGED ABOUT 63 YEARS,
9
S/O. KEMPANNA, EARLIER
WORKING AS SPECIAL ASSISTANT,
UCO BANK SINCE RETIRED AND
RESIDING AT NO.14, 1ST CROSS,
SRINIVASA GARDEN, NAGASETTIHALLI,
RMV II STAGE,
BANGALORE - 560 094. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. UCO BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980
HAVING ITS HEAD OFFICE AT NO.10,
BTM SARANI, KOLKATTA - 700 001.
THE GENERAL MANAGER (PERSONNEL).
2. UCO BANK
MID CORPORATE BRANCH,
13/22, 1ST FLOOR, K.G. ROAD,
BANGALORE - 560 009 REPRESENTED
BY ITS ASSISTANT GENERAL
MANAGER (P). ... RESPONDENTS
(BY SRI: K. PRABHAKAR RAO, ADVOCATE FOR R-1 & R-2)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDERS OF THE BANK IN
DECLINING TO GRANT PENSION TO THE PETITIONER AND
DIRECT THE RESPONDENT / UCO BANK TO FORTHWITH
CONSIDER THE CASE OF THE PETITIONER IN TERMS OF THE
SETTLEMENT DATED 27.04.2010 VIDE ANNEXURE-D BETWEEN
INDIAN BANKS' ASSOCIATION AND THE WORKMEN OF TRADE
UNION OF THE RESPONDENT / BANK AND IN TERMS OF THE
REPRESENTATION DATED 14.12.2013 VIDE ANNEXURE-M AND
10
PAY HIM PENSION IN ACCORDANCE WITH THE PENSION
SCHEME WITH ALL INCIDENTAL AND CONSEQUENTIAL
BENEFITS ALONG WITH INTEREST OF 12 PER CENT FROM THE
DATE THE AMOUNTS BECAME DUE IN TERMS OF HE
SETTLEMENT TILL THE DATE OF PAYMENT.
IN W.P.No.23920/2014:
BETWEEN:
M.S. GOPALAKRISHNA
AGED ABOUT 59 YEARS,
S/O LATE M.S. SRINIVASA RAO,
RESIDING AT NO. 307 "COMFORT ARIZONA"
APARTMENT, BEHIND
YELACHANAHALLI POST OFFICE,
JARAGANAHALLI,
KANAKAPURA ROAD,
BANGALORE - 560 078. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. PUNJAB NATIONAL BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1970
HAVING ITS HEAD OFFICE AT
NO.7, BHIKAJI CAMA PLACE,
NEW DELHI - 110 066 REPRESENTED
BY ITS CHAIRMAN &
MANAGING DIRECTOR.
2. PUNJAB NATIONLA BANK
CIRCLE OFFICER
NO.26-27, RAHEJA TOWERS,
M.G.ROAD, BANGALORE - 560 001.
REPRESENTED BY CIRCLE HEAD.
3. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
11
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
4. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 & R-2;
R-3 & R-4 ARE SERVED & UNREPRESENTED)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDERS DATED
23.08.2010 AND 31.01.2013 AND QUASH [i] ORDER DATED
23.08.2010 VIDE ANN-N, AND [ii] ORDER DATED 30.01.2013
VIDE ANN-W BOTH PASSED BY THE R-1 / BANK AND DIRECT
THE R-1 / BANK TO PAY THE PETITIONER PENSION IN TERMS
OF THE STTLEMENT DATED 27.04.2010 FROM 02.11.2009
ALONG WITH INTEREST AT THE RATE OF 12% PER ANNUM
FROM 02.11.2009 TILL THE DATE OF PAYMENT.
IN W.P.Nos.31429-31434/2014:
BETWEEN:
1. PRATHIBHA C. SHETTY,
AGED ABOUT 62 YEARS,
W/O. CHANDRASHEKAR SHETTY,
RESIDING AT FLAT NO.503,
VYAVAHAR APARTMENTS,
BANNANJE, UDUPI - 576 101.
2. V. MANJAYYA HEGDE,
AGED ABOUT 63 YEARS,
12
S/O. LATE K. RAGHURAMA HEGDE,
RESIDING AT RADHIKA,
SRINIVASNAGAR, KUNJIBETTU,
UDUPI - 576 102.
3. M. SUBRAMANYAM
AGED ABOUT 63 YEARS,
S/O. LATE SRI S. MANGESH RAO,
RESIDING AT NO.21, SUPRABATH,
BLOCK NO.12, 2ND MAIN, 8TH CROSS,
OFF: DR. RAJKUMAR ROAD,
SHAKTHINAGAR, MYSORE - 570 019.
4. A. SHEKAR SHETTY,
AGED ABOUT 64 YEARS,
S/O. LATE SHEENA SHETTY,
RESIDING AT NO.5/67, SRISHYLA
TEMPLE ROAD, R.P.NAGAR,
KUNJIBETU POST,
UDUPI - 576 102.
5. RAJNIKANT MANSUKHLAL BORISAGAR
AGED ABOUT 63 YEARS,
S/O. MANSUKHLAL BORISAGAR,
RESIDING AT Y-4, MADHUBHAG
SOCIETY, OPP: KHODIAR DAIRY,
NIRNYA NAGAR,
AHMEDABAD - 382 481.
6. SMT. GEETHA THIMMAIAH,
AGED ABOUT 60 YEARS,
W/O. K.K. THIMMAIAH,
RESIDING AT ECHUPARI ESTATE,
POST BOX NO.42, POLIBETTA,
COORG DISTRICT - 271 205. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. VIJAYA BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980 REPRESENTED
13
BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
NO.41/2, M.G.ROAD,
BANGALORE - 560 001.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION, JEEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 & R-2;
SRI KRISHNA S. DIXIT, ASG FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS DIRECT THE RESPONDENT/VIJAYA BANK GRANT
PENSION TO THE PETITIONERS IN TERMS OF THE
SETTLEMENT DT.27.04.10, UNDER ANN-K TO THE WP,
ARRIVED AT BETWEEN THE INDIAN BANKS' ASSOCIATION &
THE WORKMEN TRADE UNION/OFFICERS OF THE
RESPONDENT/BANK IN TERMS OF THE REPRESENTATIONS
GIVEN BY THE PETITIONERS [UNDER ANN-AB TO AF] TO THE
WP & PAY THEM PENSION IN ACCORDANCE WITH THE VIJAYA
BANK [EMPLOYEES] PENSION REGULATIONS, W.E.F.
01.11.2009 WITH ALL INCIDENTAL & CONSEQUENTIAL
BENEFITS ALONG WITH INTEREST AT 12%P.A FROM THE DATE
14
THE AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DT.27.04.10 TILL THE DATE OF PAYMENT.
IN W.P.Nos.51719-51754/2014:
BETWEEN:
1. MRS. J. PADMAJA
W/O. J. JAYASHEELA,
AGED ABOUT 57 YEARS,
R/AT NO.98J I MAIN, M BLOCK,
DATAGALLI, VIVEKANANDANAGAR,
MYSORE - 570 023.
2. K.V.D.M. SOMAYAJULU
S/O. K.G.K. MURTHY
AGED ABOUT 53 YEARS,
R/AT NO.425-B, SAI SADAN,
9TH CROSS, STREET N. EXTENSION,
KAMAKOTINAGAR, PALLIKARNI,
CHENNAI - 600 100.
3. SMT. MOHINI MANJUNATH
W/O. N. MANJUNATH,
AGED AOUT 57 YEARS,
R/AT NO.9, INFANT VILLA,
20TH CROSS, EJIPURA,
BANGALORE - 560 047.
4. SMT. NALINI PRASAD
W/O. H.V. PRASAD,
AGED ABOUT 49 YEARS,
R/AT NO.42/3, EAST ANJANEYA
TEMPLE STREET, BASAVANAGUDI,
BANGALORE - 560 004.
5. B. VISHWANATHAN
S/O. S.B. SUNDARAM,
AGED ABOUT 56 YEARS,
R/AT NO.A-107, M.S. PALAZZO
JAKKUR, MAIN ROAD,
BANGALORE - 560 064.
15
6. MRS. GEETHA VISHWANATHA
W/O. B. VISHWANATHAN,
AGED ABOUT 56 YEARS,
R/AT NO.A-107, M.S. PALAZZO
JAKKUR, MAIN ROAD,
BANGALORE - 560 064.
7. P. NARAYANAN
S/O. A.P. SARATHY
AGED ABOUT 60 YEARS,
R/AT NO.F-1, ASHOK GANGOTRI,
NO.64, 7TH AVENUE, ASHOKNAGAR,
CHENNAI - 600 083.
8. MRS. BHAMYJAYA SHENOY
W/O. BHAMYA DEVDAS SHENOY
AGED ABOUT 56 YEARS,
R/AT NO.33, 3RD CROSS,
ANNAPOORNESHWARI LAY-OUT,
KODIPALYA KENGERI,
BANGALORE - 560 060.
9. RAM K. SHELAR
S/O. KUNDIK GOPAL RAO SHELAR,
AGED ABOUT 55 YEARS,
R/AT NO.B/18, AMRPALI CO-OP.
HOUSING SOCIETY, NEAR AGAKHAN
PALACE, NAGAR ROAD,
PUNE - 411 006.
10. NISHIKANT G. NAGARSENKER
S/O GAJANAN NARAYAN NAGARSENKAR
AGED ABOUT 56 YEARS,
R/A S/3/D BLOCK, 2ND FLOOR,
ADWALPAIKAR SHETTER,
CARANZALEM,
PANAJI-GOA - 403 002.
11. SAMABA SIVA RAO YELAMANCHI
S/O. SUBBA RAO YELAMANCHI
AGED ABOUT 57 YEARS,
R/A S/3/D BLOCK, 2ND FLOOR,
ADWALPAIKAR SHETTER,
CARANZALEM,
16
PANAJI-GOA - 403 002.
12. K. SURESH KUMAR
S/O. A.S. KRISHNAN
AGED ABOUT 59 YEARS,
R/AT SYNDICATE ENCLAVE, 7/12
SENGENI AMMAN KOIL STREET,
MADHUVINKERI GUNDAY,
CHENNAI - 600 032.
13. G. KRISHNAGUNDACHAR
S/O. LATE RAJAS GURURAJA CHARYA,
AGED ABOUT 63 YEARS,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDING AT FLAT NO. 32,
SIRI FLORA APARTMENTS, NO.556, VALLABHANAGAR,
UTTARAHALLI
MAIN ROAD, UTTARAHALLI,
BANGALORE - 560 061.
14. M. RATNAKAR NAIK
AGED ABOUT 66 YEARS,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDING AT ELEGANCE LALBAGH
VIEW, B-202, LALBAGH SIDDAPURA,
JAYANAGAR 1ST BLOCK,
BANGALORE - 560 011.
15. SHRI KRISHNA JOSHI
AGED ABOUT 53 YEARS,
S/O SRIKRISHNA JOSHI,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT F/5, AMBEDKAR NAGAR,
PAREL TANK ROAD, PAREL,
MUMBAI - 400 012.
16. BANDERAYA,
AGED ABOUT 62 YEARS,
S/O. RAJAGOPALACHAR,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
17
RESIDING AT NO.62, 'H' BLOCK,
SRI SUSHAMEENDRA KRUPA,
RAMAKRISHNANAGAR,
MYSORE - 570 022.
17. NAGESH R. AMBEKAR,
AGED ABOUT 63 YEARS,
S/O. LATE RAMACHANDRA AMBEKAR,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDING AT NO.43, IIND FLOOR,
IIND MAIN, SHESHADRIPURAM,
BANGALORE - 560 021.
18. SMT. T. AMMANNI
W/O. U.M. UMESH, MAJOR,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDING AT NO.114-D, II MAIN ROAD,
9TH CROSS, CHAMARAJPET,
BANGALORE - 560 018.
19. SMT. T.A. VIJAYALAKSHMI
W/O. M. PRAKASH, MAJOR,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDING AT NO.796/A, 8TH "A" MAIN,
4TH BLOCK, KORAMANGALA,
BANGALORE - 560 034.
20. SMT. POONAM SABHARWAL
W/O. GURURAJ S., MAJOR,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDING AT HOUSE NO.408,
II CROSS, JUDGES' LAYOUT,
GANGANAGAR,
BANGALORE - 560 032.
21. SMT. M.R. KALPANA,
AGED ABOUT 61 YEARS,
W/O. N. SADASIVA NAYAK,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
18
RESIDING AT "SNEHA",
OPP: H.KALLAPPA COMPOUND,
OLD BARLINE ROAD,
SHIMOGA - 577 202.
22. H.R. VENKATESH,
AGED ABOUT 64 YEARS,
S/O. H.V. RAMACHANDRA RAO,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
RESIDEING TA ABYUDAYA,
SRI RAMACHANDRA KRUPA,
2ND MAIN, 3RD STAGE, VINOBANAGAR,
SHIMOGA - 577 201.
23. SMT. S.T. PREMA,
AGED ABOUT 55 YEARS,
W/O. LATE S.V.S. RAGHAVAN,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT NO.290/N, 15TH CROSS,
ARAVINDANAGAR,
MYSORE - 570 023.
24. SMT. VEENA PAI,
AGED ABOUT 59 YEARS,
W/O B. PRAKASH N. PAI,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT SHRI MAHALASA KRIPA,
NO.17/A, 6TH 'D' MAIN, 'K' BLOCK,
RAMAKRISHNANAGAR,
MYSORE - 560 023.
25. MRS. USHA NANAIAH,
AGED ABOUT 52 YEARS,
W/O. P.D. NANAIAH,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT NO.417/A, 1ST MAIN, 6TH CROSS,
4TH BLOCK, S.T. BED LAY-OUT,
KORAMANGALA,
BANGALORE - 560 034.
19
26. SMT. SUSHMA AJIT KONAJE,
AGED ABOUT 52 YEARS,
W/O. AJIT C. KONAJE,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT NO.2D, 13/16,
"TRISHUL RESIDENCY"
15TH MAIN, ROSE GARDEN ROAD,
J.P. NAGAR, 5TH PHASE,
BANGALORE - 560 078.
27. ARUN GAJANANA NAYAK,
AGED ABOUT 59 YEARS,
S/O. GAJANANA VAMAN NAYAK,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT GUNGANKOPPA,
MELINKERI HEGDE, KUMTA,
UTTARA KANNADA DISTRICT.
28. MRS. S.A. KUSUMA,
AGED ABOUT 53 YEARS,
W/O. R. VIJENDRA,
EARLIER WORKING AS AN OFFICER IN
SYNDICATE BANK SINCE RETIRED &
R/AT NO.8, 12TH MAIN G-4
JAYALAYA, KALPATHARUVILLA
APARTMENTS, PADMANAGAR,
BANGALORE - 560 070.
29. NARAYAN C. CHINNAKAR
AGED ABOUT 55 YEARS,
S/O. CHANDAPPA
NO.43, 2ND FLOOR,
SHESHADRI PURAM,
BANGALORE - 560 021.
30. SUBBARAO UNNAVA
S/O. VENKAIAH
AGED ABOUT 57 YEARS,
FLAT NO.301, SATYA PARK APARTMENTS,
S.B.I. COLONY MAIN ROAD,
J.K.C. NAGAR, GUNTUR - 522 066
ANDHRA PRADESH.
20
31. A.K. RAJAGOPAL
S/O. A.K. GOVINDARAJALU CHETTY,
AGED ABOUT 60 YEARS,
R/AT 7/448, NETAJI STREET,
RAGHAVAAIAH PETTA SULLURPETTA,
NELLORE DISTRICT - 524 121.
ANDHRA PRADESH.
32. AKKALA LAKSHMI GNANA PRASUNAMBA
W/O. LATE AKKALA RAJA BABU,
AGED ABOUT 58 YEARS,
R/A 3/96 R.A DWARAKA NAGAR,
MUNAGANOOR,
HAYATHNAGAR MANDAL
R.R. DISTRICT - 501 511.
VIJAYAWADA.
33. K. BALAKRISHNA BHAT
S/O. LATE K. KRISHNARAJA BHAT,
AGED ABOUT 56 YEARS,
R/A NETHRA KERE, VITHALA,
BANTWAL TALUK,
DAKSHINA KANNADA.
34. NAGARATHNA .B
AGED ABOUT 64 YEARS,
D/O. B. GANAPAYYA UDUPA
SRINIVAS NAGAR, KUNJI BETTU,
UDUPI - 576 102.
35. N. VISHWANATHAN
S/O. G. NARAYANA IYER,
AGED ABOUT 60 YEARS,
R/A No.328/A, KALKERI,
N.R.I. LAYOUT, NEAR
SUNDARNJENEYA TEMPLE,
HENNUR POST - 560 043.
BANGALORE.
36. PUSHPALATHA .K
W/O. PADMANABHA BHAT,
AGED ABOUT 62 YEARS,
R/A SRINIVASA NILAYA,
21
A.K. NAGAR, KUTTAPADI,
UDUPI - 574 118. ... PETITIONERS
(BY SRI M. NAGA PRASANNA, ADVOCATE)
AND:
1. SYNDICATE BANK,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TARANSFER OF UNDERTAKINGS) ACT, 1970
REPRESENTED BY ITS GENERAL MANAGER,
HUMAN RESOURCES/PENSIONS,
PERSONNEL DEPARTMENT,
STAFF WELFARE DIVISION,
HAVING ITS HEAD OFFICE AT MANIPAL,
UDUPI DISTRICT - 576 119.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR
R-1 & R-2; SRI C. SHASHIKANTHA, CGC FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS DATED 08.01.13, VIDE ANNEXURE-T, DATED 28.01.13,
VIDE ANNEXURE-T1, DATED 28.01.13, VIDE ANNEXURE-T2
22
DATED 08.01.13, VIDE ANNEXURE-T3, DATED 11/21.05.13,
VIDE ANNEXURE-T4 ALL ISSUED BY THE R1 & ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT/SYNDICATE BANK TO FORTHWITH CONSIDER
THE CASE OF THE PETITIONERS IN TERMS OF THE
SETTLEMENT DATED 27.04.10, UNDER ANNEXURE-H TO THE
WP, ARRIVED AT BETWEEN THE INDIAN BANKS' ASSOCIATION
& THE WORKMEN TRADE UNION OF THE RESPONDENT/BANK
& PAY THEM PENSION IN ACCORDANCE WITH THE SYNDICATE
BANK [EMPLOYEES'] PENSION REGULATIONS 1995 WITH ALL
INCIDENTAL & CONSEUQENTIAL BENEFITS ALONG WITH
INTEREST AT 12% P.A FROM THE DATE THE AMOUNTS
BECAME DUE IN TERMS OF THE SETTLEMENT DATED
27.04.10, TILL THE DATE OF PAYMENT.
IN W.P.Nos.51755-51758/2014:
BETWEEN:
1. N.P. RAMESH
S/O. PUNDARIKAKSHAN
AGED ABOUT 55 YEARS,
R/A NO.30, PUNARVASU BUILDING,
10TH CROSS, MALLESWARAM,
BANGALORE - 560 003.
2. P.N. RAJARAM RAO
S/O. P.N. BHOJA RAO,
AGED ABOUT 58 YEARS,
R/A LAVANYA, NEAR ADARSHA
HOSPITAL, UDUPI - 576 101.
3. T.K. JAYKUMAR
S/O. T.N. KRISHNAMURTHY,
AGED ABOUT 58 YEARS,
R/A 4-C, ANAND VILLA,
98/4, 6TH MAIN, 13TH CROSS,
MALLESWARAM,
BANGALORE - 560 003.
23
4. N.S. KUMAR
S/O. N. SUBBARAO,
AGED ABOUT 57 YEARS,
R/A NO.381, 1ST FLOOR,
38TH CROSS, 26TH MAIN,
9TH BLOCK, JAYANAGAR,
BANGALORE - 560 069. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. BANK OF MAHARASHTRA,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1970
REPERSENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR,
HEAD OFFICE, "LOKMANGAL",
NO.1501, SHIVAJINAGAR,
PUNE - 411 005.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INIDA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINNACE,
DEPARTMENT OF FINANCIAL SERIVCES,
BAKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE
FOR M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 &
R-2; SRI C. SHASHIKANTHA, CGC FOR R-3))
*****
24
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONER AND QUASH ORDERS DATED 18.02.2013 (VIDE
ANNEXURE-T) AND ORDER DATED 18.02.2013 (VIDE
ANNEXURE-T1) AND ORDER DATED 28.02.2013 (VIDE
ANNEXURE-T2) ALL ISSUED BY THE R-1 AND ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT/BANK OF MAHARASHTRA TO FORTHWITH
CONSIDER THE CASE OF THE PETITIONERS IN TERMS OF THE
SETTLEMENT DATED 27.04.2010 (UNDER ANNEXURE-J TO THE
W.P.) AND PAY THEM PENSION IN ACCORDANCE WITH THE
BANK OF MAHARASHTRA (EMPLOYEE'S) PENSION
REGULATIONS 1995 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
PER ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
IN W.P.Nos.51760-51774/2014:
BETWEEN:
1. MRS. PADMAJA IYENGAR
W/O. S.T. IYENGAR,
AGED ABOUT 62 YEARS,
R/AT NO.105, BLOCK III,
CHIRANJEEVI APARTMENTS,
AGA SWET LANE,
WEST MARREDPALLY,
SECUNDERABAD - 500 026.
2. MRS. N.C. NEELA
W/O. B.S. SHANTHARAM,
AGED ABOUT 54 YEARS,
R/AT NO.2373/20,
12TH MAIN ROAD, 'A' BLOCK,
RAJAJINAGAR II STAGE,
SUBRAMANYANAGAR,
BANGALORE - 560 010.
25
3. MRS. SHUBHA M. ADHIKARI,
W/O. RAMACHANDRA,
AGED ABOUT 52 YEARS,
R/A BHAVANI, 227/6,
TANK BUND ROAD, 14TH MAIN,
'A' BLOCK, SUBRAMANYANAGAR,
BANGALORE - 560 010.
4. MRS. KAMAKSHI MAHALINGAM
W/O. R. MAHALINGAM,
AGED ABOUT 59 YEARS,
R/AT NO.9, 2ND CROSS, 1ST STAGE,
1ST BLOCK, HBR LAY-OUT
KALYANNAGAR POST,
BANGALORE - 560 043.
5. SAGAR KUMAR DAS
S/O. SHYAM SUNDAR DAS,
AGED ABOUT 62 YEARS,
R/A SUSHANT, LOK-2,
SECTOR-56, GURGAON,
HARYANA - 122 011.
6. MRS. LATHA R. SHANKAR
W/O. S. RAVISHANKAR,
AGED ABOUT 56 YEARS,
R/A NO.731, 2B CROSS,
8TH BLOCK, KORAMANGALA
BANGALORE - 560 095.
7. MR. K. JAYANTHI
W/O. K.N. SRINIVASAN,
AGED ABOUT 55 YEARS,
R/AT FLAT NO.303, AHALYA ENCLAVE,
STREET NO.12, HIMAYAT NAGAR,
HYDERABAD - 500 029.
8. SMT. SYAMALA VASUDEVAN
W/O. S. VASUDEVAN,
AGED ABOUT 53 YEARS,
R/A WHTIE HOUSE, B II 203,
6TH MAIN, 15TH CROSS, R.T. NAGAR,
BANGALORE - 560 032.
26
9. M.K. INAMDAR
S/O. KRISHNA RAO INAMDAR,
AGED ABOUT 51 YEARS,
R/A NO.2, SHAKTI APARTMENT,
SHETTAR COLONY, VIDYAGIRI,
DHARWAD - 580 004.
10. MRS. CHITRA RAJAGOPALAN
W/O. N. RAJAGOPALAN,
AGED ABOUT 54 YEARS,
R/A KOYATH HOUSE, VARIAM LANE,
MANNUTHI - 680 651, THRISSUR,
KERALA.
11. S. RAMACHANDRAN
S/O. T.R.V. SUBRAMAIAN,
AGED ABOUT 57 YEARS,
R/A ROSHINI, 34, SPRING FIELD,
NEAR MALARAYA TEMPLE,
CHILIMBI URWA,
MANGALORE - 575 006.
12. SESHADRI KRISHNAN,
S/O. K. KRISHNAN,
AGED ABOUT 52 YEARS,
R/AT A-503, MERIDIAN APARTMENTS,
PLOT 25 & 27, SECTOR-6, NERUL WEST,
NAVI MUMBAI - 400 706.
13. SUDARSHAN RAO
S/O. N.S. SATYANARAYANA RAO,
AGED ABOUT 57 YEARS,
R/AT E-8, RAJARAJESWARI,
2-2-16/1B, D.D. COLONY
HYDERABAD - 500 007.
14. MALINI .R
D/O. S. RAMACHANDRAIAH,
AGED ABOUT 49 YEARS,
R/A 107-D, 29TH CROSS,
7TH BLOCK, JAYANAGAR,
BANGALORE - 560 011.
27
15. H.S. SOMASHEKAR
S/O. H. SURYANARAYANA,
AGED 55 YEARS,
R/A 105, EKADANTA
AREKERE, MICO LAYOUT,
BANNERUGHATTA ROAD,
BANGALORE - 560 076. ... PETITIONERS
(BY SRI: M. NAGAPRASANNA, ADVOCATE)
AND:
1. CORPORATION BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT,1980
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
MANGALADEVI TEMPLE ROAD,
PANDESHWAR,
MANGALORE - 575 001.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 & R-2;
SRI C. SHASHIKANTHA, CGC FOR R-3)
*****
28
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND QUASH ORDERS DATED 22.12.2012 &
27.12.2012 (VIDE ANNEXURE-V & ANNEXURE-W) PASSED BY
THE R-1 AND DIRECT THE RESPONDENT / CORPORATION
BANK TO FORTHWITH CONSIDER THE CASE OF THE
PETITIONERS IN TERMS OF THE SETTLEMENT DATED
27.04.2010 (VIDE ANNEXURE-H TO THE W.P.) ARRIVED AT
BETWEEN THE INDIAN BANKS' ASSOCIATION AND THE
WORKMEN TRADE UNION OF THE RESPONDENT / BANK AND
PAY THEM PENSION IN ACCORDANCE WITH THE
CORPORATION BANK (EMPLOYEES') PENSION REGULATIONS,
1995 WITH INCIDENTAL AND CONSEQUENTIAL BENEFITS
ALONG WITH INTEREST 12% PER ANNUM FROM THE DATE THE
AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 TILL THE DATE OF PAYMENT.
IN. W.P.Nos.52048-52057/2014:
BETWEEN:
1. SMT. D. SAILAJA
W/O. D. RAVI SHANKAR,
AGED ABOUT 52 YEARS,
R/AT D-602, PRESTIGE
ST. JOHNS WOOD APARTMENTS,
TAVAREKERE MAIN ROAD,
CHIKKADUGODI,
BANGALORE - 560 029.
2. H.D. RAMESH
S/O. H.M. DWARAKANATH,
AGED ABOUT 60 YEARS,
R/AT NO.2, BLOCK NO.24,
DWARAKA MADHUVANA LAYOUT,
SRIRAMPURA II STAGE,
MYSORE - 570 023.
29
3. MRS. JAYALAKSHMI MOHAN
W/O. P. MOHAN RAO,
AGED ABOUT 62 YEARS,
R/AT NO.1051, 3RD CROSS, 7TH MAIN,
BEML LAYOUT III STAGE,
RAJARAJESHWARAI NAGAR,
BANGALORE - 560 098.
4. MRS. S. INDIRA
W/O. S.V. SRINIVASA RAO,
AGED ABOUT 65 YEARS,
R/AT 18/4, (OLD NO.75) SAPTAGIRI,
II FLOOR, 3 MODEL HOUSES AT
BASAVANAGUDI,
BANGALORE - 560 004.
5. MRS. N.S. SUMADEVI
W/O. N. SHYAMSUNDAR,
AGED ABOUT 59 YEARS,
R/AT NO.23, SHRI HARI C. CROSS,
RAJIV NAGAR BSK 3RD STAGE,
BANGALORE - 560 085.
6. MRS. S. JAYASHREE
W/O. S. GANAPATHY,
AGED ABOUT 52 YEARS,
R/AT NO.856, 11TH B-CROSS,
22ND MAIN, J.P. NAGAR,
BANGALORE - 560 078.
7. MR. T.A. SHARADA
W/O. NARAYAN .K
MAJOR BY AGE, R/AT NO.603,
4TH CROSS, 4TH MAIN, II BLOCK,
BSK I STAGE,
BANGALORE - 560 050.
8. H.D. SUNDER RAJAN
S/O. H.K. DORESWAMY,
AGED ABOUT 65 YEARS,
R/AT 63, 11TH CROSS, 6TH MAIN,
N.R. COLONY,
BANGALORE - 560 019.
30
9. SMT. GAYATHRI P. GANGOLI
W/O. PRADEEP GANGOLI,
AGED ABOUT 52 YEARS,
R/AT NO.303, KRISHNA RESIDENCY,
NO.148/149, CHBCS LAY-OUT,
VIJAYANAGAR,
BANGALORE - 560 055.
10. MRS. USHA MURALI
W/O. S.N. MURLI,
AGED ABOUT 68 YEARS,
R/AT 205, UDAY RESIDENCY,
4TH MAIN ROAD, KEMPAPURA,
BANGALORE - 560 024. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. CENTRAL BANK OF INDIA,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
CHANDER MUKHI, NARIMAN POINT,
MUMBAI - 400 021.
2. INDIA BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINACE,
DEPARTMENT OF FINACIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
31
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 & R-2;
SRI C. SHASHIKANTHA, CGC FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND QUASH THE ORDERS DATED 28.02.2013
VIDE ANNEXURE-T, DATED 28.02.2013 VIDE ANN-T1, DATED
08.01.2013 VIDE ANN-T2, DATED 28.02.2013 VIDE ANNEXURE-
T3, DATED 28.02.2013 VIDE ANN-T4, DATED 15.01.2013 VIDE
ANNEXURE-T5 ALL ISSUED BY THE R-1.
IN W.P.Nos.52059-52067/2014:
BETWEEN:
1. SMT. SASHI,
AGED ABOUT 65 YEARS,
W/O D.R.GURURAJ,
MAJOR, R/AT NO.30, GURUKRUPA
WEST ANJANEYA TEMPLE STREET,
BASAVANAGUDI,
BANGALORE - 560 004.
2. B.G. SRIDHAR
S/O B. GARUDACHAR,
AGED ABOUT 57 YEARS,
R/AT NO.1062/K1,
ARYA NARAYANASHASTRI ROAD,
SIDDAPPA SQUARE,
MYSORE - 570 004.
3. M. SEETHARAM KINI
S/O BABURAYA KINI,
AGED ABOUT 63 YEARS,
R/AT CH-5/A(1037/A),
DEVAPARTHIVA ROAD,
CHAMARAJPURAM,
MYSORE - 570 005.
32
4. NIRMAL KUMAR BISWAS
S/O BHUPENDRANATH BISWAS,
AGED ABOUT 54 YEARS,
R/AT 301, LE MONDE EXIM
DUNGARSI ROAD, WALESHWAR,
MUMBAI - 400 006.
5. P.K. PRASAD
S/O P.V. KRISHNAN,
AGED ABOUT 54 YEARS,
R/AT 29, SHRUTHI, 6TH MAIN ROAD,
GAURAVNAGAR J.P.NAGAR VII PHASE,
BANGALORE - 560 078.
6. C.K. RAGHAVACHARYULU
S/O T.B.L.S. ACHARYULU,
AGED ABOUT 53 YEARS,
R/A NO.303, VIJETHA NEST,
HANUMAN NAGAR, CHAITANYAPURI,
HYDERABAD - 500 060.
7. MS. M.K. ELSAMMA
W/O P.C. MATHEW,
AGED ABOUT 61 YEARS,
R/AT C/O P.C. STEPHEN,
PULICKATHOTTIL, PEROOR P.O.,
KOTTAYAM, KERALA - 686 637.
8. E.N. SATYANARAYANA
AGED ABOUT 59 YEARS,
S/O LATE S.V. NAGAPPA,
R/AT NO. 33, 5TH CROSS,
DHANALAXMI LAYOUT,
VIRUPAKSHAPURAM, KODIGEHALLY,
BANGALORE - 560 097.
9. MRS. T.N. ANURADHA RAO
AGED ABOUT 60 YEARS,
W/O T.R.NAGARAJA RAO,
R/AT NO.8, ANUGHARA,
KHADI COMMISSION LAY-OUT,
KATHRIGUPPA MAIN ROAD,
BANASHANKARI 3RD STAGE,
BANGALORE - 560 085. ... PETITIONERS
33
(BY SRI: M. NAGAPRASANNA, ADVOCATE)
AND:
1. CANARA BANK,
A BODY CONSTITUTE UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
NO.112, J.C.ROAD,
BANGALORE - 560 002.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION, JEEVAN DEEP
BUILDING, PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: T.P. MUTHANNA, ADVOCATE FOR R-1 & R-2;
SRI. C. SHASHIKANTHA, CGC FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND QUASH ORDER DTD.10.11.2012 DATED
17.01.2013 AND DATED 28.02.2014 (VIDE ANNEXURE-V,
ANNEXURE-W & ANNEX-X RESPECTIVELY) PASSED BY THE R-1
AND DIRECT THE RESPONDENT / CANARA BANK TO
FORTHWITH CONSIDER THE CASE OF THE PETITIONERS IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 (VIDE
ANNEXURE-H TO THE W.P.) ARRIVED AT BETWEEN THE INDIAN
BANKS' ASSOCIATION AND THE WORKMEN TRADE UNION OF
THE RESPONDENT AND PAY THEM PENSION IN ACCORDANCE
34
WITH THE CANARA BANK (EMPLOYEES') PENSION
REGULATIONS, 1995 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
PER ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
IN W.P.Nos.52068-52074/2014:
BETWEEN:
1. SMT. PUSHPA SRIRAM
W/O. M.P. SRIRAM,
AGED ABOUT 60 YEARS,
R/AT NO.96, 4TH MAIN,
MALLESHWARAM,
BANGALORE - 560 003.
2. S. MURALIDHARAN,
S/O. SUBRAMANYAM NAGANATHAN,
AGED ABOUT 56 YEARS,
R/AT NO.52, "SREENIDHI"
BHEL HOUSING CO-OP. SOCIETY,
NANDINI LAY-OUT,
BANGALORE - 560 096.
3. RAMJI RAO,
S/O. MUKANADA RAO,
AGED ABOUT 59 YEARS,
R/AT NO.684, I FLOOR, 7TH MAIN,
J.P.NAGAR, 3RD PHASE,
BANGALORE - 560 078.
4. V. VENUGOPAL,
S/O. A. VENKATACHARI,
AGED ABOUT 50 YEARS,
R/AT NO.402, SIRI AMRUTHA
PARADISE MAIN ROAD,
UTTARAHALLI, BANGALORE.
5. K.V. RAJASHEKAR,
S/O. K.S. VENKATESH,
AGED ABOUT 54 YEARS,
R/AT NO.27, 7TH MIAN, 21ST CROSS,
35
BTM LAYOUT II STAGE, N.S. PALYA,
BANGALORE - 560 076.
6. T. CHANDRA SHEKAR NAIDU
S/O T. VEERASWAMY NAIDU,
AGED ABOUT 59 YEARS,
R/AT NO.104, REFLEX SOCIETY,
OPP. JSS ENGG. COLLEGE,
UTTARAHALLI,
KENGERI MAIN ROAD,
BANGALORE - 560 060.
7. SUDHIR KUMAR U.B.,
AGED 57 YEARS,
U.B. UMAKANTH ROAD,
R/AT FLAT NO.4,
GURUTHMAN APARTMENTS,
17TH 'A' CROSS, 8TH MAIN,
MALLESHWARAM,
BANGALORE - 560 055. ... PETITIONERS
(BY SRI: M. NAGAPRASANNA, ADVOCATE)
AND:
1. ANDHRA BANK,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITON &
TRANSFER OF UNDERTAKINGS) ACT, 1980 REPRESENTED
BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
DR. PATTABHAI BHAVAN,
5-9-11, SAIFABAD,
HYDERABAD - 500 004.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005, REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
36
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: T.P. MUTHANNA, ADVOCATE FOR R-1;
SRI PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-2;
SRI C. SHASHIKANTHA, CGC FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND DIRECT THE RESPONDENT/ANDHRA BANK
TO FORTHWITH CONSIDER THE CASE OF THE PETITIONERS IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 (UNDER
ANNEXURE-H TO THE W.P.) ARRIVED AT BETWEEN THE INDIAN
BANKS ASSOCIATION AND THE WORKMEN TRADE UNION OF
THE RESPONDENT/BANK AND PAY THEM PENSION IN
ACCORDANCE WITH THE ANDHRA BANK (EMPLOYEES)
PENSION REGULATIONS, 1995 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
PER ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
IN W.P.Nos.52075-52077/2014:
BETWEEN:
1. AYDNAL ANNADANESH SANGAPPA
S/O SANGAPPA .L,
AGED ABOUT 59 YEARS,
R/AT NO.285, BANDHAVYA,
1-B CROSS ROAD, BSK III STAGE,
BANGALORE - 560 085.
37
2. A. PRAKASH TANTRI
S/O P. ANANTHARAMA TANTRI,
AGED ABOUT 54 YEARS,
R/AT NO.60, DR. RAJKUMAR ROAD,
AVANI SRINGERI NAGAR,
NYANAPPANAHALLI, BEGUR POST,
BANGALORE - 560 068.
3. V. RAJAGOPAL
S/O B.K. VENKATARAMAN
MAJOR, R/AT NO.71, 8TH CROSS,
3RD MAIN, SHREYAS COLONY,
3RD PHASE, JP NAGAR,
BANGALORE - 560 078. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. INDIAN BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT,1970
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
INDIA BANK BUILIDNG, P.B.NO.1384,
66, RAJAJI SALAI,
CHENNAI - 600 001.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION, JEEVAN DEEP
BUILDING PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: P. UDAYASHANKAR RAI, ADVOCATE FOR R-1;
38
SRI. PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-2;
R-3 SERVED)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND QUASH THE ORDER DATED 06.02.2014
VIDE ANNEXURE-V, PASSED BY THE R-1 BANK AND DIRECT
THE RESPONDENT/INDIAN BANK TO FORTHWITH CONSIDER
THE CASE OF THE PETITIONERS IN TERMS OF THE
SETTLEMENT DATED 27.04.2010 VIDE ANNEXURE-H ARRIVED
AT BETWEEN THE INDIAN BANK'S ASSOCIATION AND THE
WORKMEN TRADE UNION OF THE RESPONDENT / BANK AND
PAY THEM PENSION IN ACCORDANCE WITH THE INDIAN BANK
[EMPLOYEES'] PENSION REGULATIONS 1995 WITH ALL
INCIDENTAL AND CONSEQUENTIAL BENEFITS ALONG WITH
INTEREST AT 12% PER ANNUM FROM THE DATE THE
AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 TILL THE DATE OF PAYMENT.
IN W.P.Nos.52496-52497/2014:
BETWEEN:
1. KALBURGI RAMNATHSA VENKUSA,
AGED ABOUT 60 YEARS,
S/O K. RAMNATHSA,
R/AT NO.227, SHAKTHI RESIDENCY,
4TH CROSS, VINAYAKANAGAR,
KADABAGERE, DASASNAPURA HOBLI,
BANGALORE - 562 130.
2. SRIKANTH M. SHANBHAG,
AGED ABOUT 64 YEARS,
S/O LATE M. MADHAVA SHANBHAG,
R/AT NO.103, MBM CLASSIC,
2ND PHASE, 1ST CROSS,
39
NEAR BMTC DEPOT,
RAJARAJESWARINAGAR,
BANGALORE - 560 098. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. UNION BANK OF INDIA
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1970
REPRESENTED BY ITS GENERAL MANAGER,
DEPARTMENT OF PERSONNEL,
TERMINAL BENEFITS DIVISION,
CENTRAL OFFICE,
UNION BANK BHAVAN,
NO.239, VIDHAN BHAVAN MARG,
MUMBAI - 400 021.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OFFINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI K. SUBHAANANTHI, ADVOCATE FOR
M/S. KASTURI & ASSTS. ADVOCATE FOR R-1;
SRI. S.R. DODAWAD, CGC FOR R-3;
SRI. PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-2)
*****
40
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND DIRECT THE RESPONDENT / UNION BANK
OF INDIA TO FORTHWITH CONSIDER THE CASES OF THE
PETITIONERS IN TERMS OF THE SETTLEMENT DATED
27.04.2010 (VIDE ANNEXURE-E TO THE W.P.) ARRIVED AT
BETWEEN THE INDIA BANKS' ASSOCIATION AND THE
WORKMEN TRADE UNION OF THE RESPONDENT / BANK AND
PAY THEM PENSION IN ACCORDANCE WITH THE UNION BANK
OF INDIA (EMPLOYEES') PENSION REGULATIONS, 1995 WITH
ALL INCIDENTAL AND CONSEQUENTIAL BENEFITS ALONG
WITH INTEREST AT 12% PER ANNUM FROM THE DATE THE
AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 TILL THE DATE OF PAYMENT.
IN W.P.No.52498/2014:
BETWEEN:
MRS. GOMATHI BALAJI,
W/O P. BALAJI,
AGED ABOUT 59 YEARS,
R/AT B,001, SRADDHA GARDENIA
APARTMENT, B.A. BASITH ROAD,
C.V. RAMAN NAGAR P.O.,
BANGALORE - 560 093. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. BANK OF INDIA,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1970
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR,
HEAD OFFICE,
BANK OF INDIA STAR HOUSE, C-5,
"G" BLOCK, BANDRA KURLA COMPLEX,
41
BANDRA (EAST), MUMBAI - 400 051.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: G.K.V. MURTHY, ADVOCATE FOR R-1;
SRI. PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-2;
SRI. S.R. DODAWAD, CGC FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS AND QUASH THE ORDER DATED 26.02.2013
VIDE ANNEXURE-H PASSED BY THE R-1 BANK AND DIRECT
THE RESPONDENT / BANK OF INDIA TO FORTHWITH
CONSIDER THE CASE OF THE PETITIONERS IN TERMS OF THE
SETTLEMENT DATED 27.04.2010 VIDE ANN-E ARRIVED AT
BETWEEN THE INDIAN BANKS' ASSOCIATION AND THE
WORMEN TRADE UNION OF THE RESPONDENT / BANK AND
PAY THEM PENSION IN ACCORDANCE WITH THE BANK OF
INDIA [EMPLOYEES'] PENSION REGULATIONS 1995 WITH ALL
INCIDENTAL AND CONSEQUENTIAL BENEFITS ALONG WITH
INTEREST AT 12% PER ANNUM FROM THE DATE THE
AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 TILL THE DATE OF PAYMENT.
42
IN W.P.No.52499/2014:
BETWEEN:
MALLAPPA PATIL,
AGED ABOUT 54 YEARS,
S/O DEVAPPA PATIL,
R/AT SAI RANGA, NO.29,
1ST CROSS, HMR LAY-OUT MAIN ROAD,
POOMAPURA, MATHIKERE,
BANGALORE - 560 054. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. DENA BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1970
REPRESENTED BY ITS CHIEF MANAGER (PERSONNEL)
HUMAN RESOURCES
MANAGEMENT DEPARTMENT,
DENA CORPORATE CENTRE,
3RD FLOOR, PLOT NO.C-10, 'Q' BLOCK,
BANDRA (EAST),
MUMBAI - 400 051.
2. INDIAN BANKS ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
43
(BY SRI: T.P. MUTHANNA, ADVOCATE FOR R-1;
SRI. PRADEEP S. SAWKAR, ADVOCATE FOR R-2;
SRI. KRISHNA S. DIXIT, ADVOCATE FOR R-3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDER DATED 8.10.2010
AND QUASH ORDER DATED 08.10.2010 (UNDER ANNEXURE-G
TO THE W.P) ISSUED BY THE R-1/BANK BY ISSUE OF A WRIT IN
THE NATURE OF CERTIORARI AND DIRECT THE R-1/BANK BY
ISSUE OF A WRIT IN THE NATURE OF MANDAMUS TO
FORTHWITH CONSIDER THE CASE OF PETITIONER IN TERMS
OF THE SETTLEMENT DATED 27.04.2010 (UNDER ANNEXURE-
D TO THE W.P.) ARRIVED AT BETWEEN THE INDIAN BANKS'
ASSOCIATION AND THE WORKMEN TRADE UNION OF THE
RESPONDENT/BANK AND PAY HIM PENSION IN ACCORDANCE
WITH THE DENA BANK (EMPLOYEES') PENSION REGULATIONS,
1995 WITH ALL INCIDENTAL AND CONSEQUENTIAL BENEFITS
ALONG WITH INTEREST AT 12% P.A. FROM THE DATE THE
AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 TILL THE DATE OF PAYMENT.
IN W.P.Nos.55946-55948/2014:
BETWEEN:
1. SMT. ELIZABETH PHILIP,
AGED ABOUT 51 YEARS,
W/O SHAJ PHILIP THOMAS,
R/At THOPPIL HOUSE, 9/4,
2ND CROSS, SUNDERNAGAR,
GOKULA, MSRIT P.O.,
BANGALORE - 560 004.
2. SMT. RATHNA DESIKAN,
AGED ABOUT 55 YEARS,
W/O D.S.DESIKAN,
R/At NO.3745, 1ST MAIN ROAD,
44
GAYATHRINAGAR,
BANGALORE - 560 021.
3. SMT. SEEMA THOMAS,
AGED ABOUT 49 YEARS,
W/O SHAJI GEORGE,
R/At NO.3745, 1ST MAIN ROAD,
GAYATHRINAGAR,
BANGALORE - 560 021. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. ALLAHABAD BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980
HAVING ITS HEAD OFFICE AT INDIA
EXCHANGE PLACE, 4TH FLOOR,
KOLKATA - 700 001
REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVANDEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: T.R.K. PRASAD, ADVOCATE FOR R-1;
SRI PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-2;
SRI. S.R. DODAWAD, CGC FOR R-3)
45
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1
/ BANK TO FORTHWITH CONSIDER THE CASES OF THE
PETITIONERS FOR PENSION IN TERMS OF SETTLEMENT DATED
27.04.2010 (ANNEXURE-G) ARRIVED AT BETWEEN THE INDIAN
BANKS' ASSOCIATION AND THE WORKMEN TRADE UNION OF
THE R-1 / BANK AND PAY THEM PENSION IN ACCORDANCE
WITH ALLHABAD BANK (EMPLOYEES') PENSION REGULATIONS,
1985 WITH ALL INCIDENTAL AND CONSEQUENTIAL BENEFITS
ALONG WITH INTEREST AT 12% P.A.FROM THE DATE THE
AMOUNTS BECAME DUE IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 TILL THE DATE OF PAYMENT.
IN W.P.No.55949/2014:
BETWEEN:
SMT. MEENAKSHI RAVI,
AGED ABOUT 59 YEARS,
W/O KANDHADAI RAVI,
R/AT NO.C/310, ADMIRALTY MANOR,
GOPALAN APARTMENTS, 6TH MAIN
13TH CROSS, INDIRANAGAR II STAGE,
BANGALORE - 560 038. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. BANK OF BARODA
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980
HAVING ITS HEAD OFFICE AT HRM
DEPARTMENT, BARODA HOUSE, MANDVI,
BARODA - 390 006 REPRESENED BY ITS
CHAIRMAN & MANAGING DIRECTOR.
46
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 &
R-2; SRI. C. SHASHIKANTHA, CGC FOR R-3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDER DATED 05.06.2014
AND QUASH THE ORDER DATED 5TH JUNE 2014 VIDE
ANNEXURE-G ISSUED BY THE R-1 / BANK AND DIRECT THE R-
1 / BANK TO FORTHWITH CONSIDER THE CASE OF THE
PETITIONER FOR PENSION IN TERMS OF THE SETTLEMENT
DATED 27.04.2010 VIDE ANNEXURE-C ARRIVED AT BETWEEN
THE INDIAN BANKS' ASSOCIATION AND THE WORKMEN TRADE
UNION OF THE R-1 / BANK AND PAY HER PENSION IN
ACCORDANCE WITH BANK OF BARODA [EMPLOYEES'] PENSION
REGULATIONS, 1985 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12 PER
CENT PER ANNUM FROM THE DATE THE AMOUNTS BECAME
DUE IN TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL
THE DATE OF PAYMENT.
47
IN W.P.No.58255/2014:
BETWEEN:
SUBHRENDU NARAYAN KAR,
AGED ABOUT 59 YEARS,
S/O PURNENDU NARAYAN KAR,
R/AT NO.282, CAUVERYNAGAR,
II FLOOR, 3RD CROSS,
MURGESHPALYA,
BANGALORE - 560 017. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. UNITED BANK OF INDIA,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HAVING ITS
HEAD OFFICE AT NO.11
HEMANTA BASU SARANI,
KOLKATTA - 700 001.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: V. S. ASSTS., FOR R-1;
SRI. PRADEEP S. SAWKAR, ADVOCATE FOR
48
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-2;
SRI. S.R. DODAWAD, CGC FOR R-3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDER DATED 31.03.2014
AND QUASH THE ORDER DATED 31.03.2014 VIDE ANNEXURE-
R ISSUED BY THE R-1 BANK AND DIRECT THE R-1 / UNITED
BANK OF INDIA TO FORTHWITH CONSIDER THE CASE OF THE
PETITIONER IN TERMS OF THE SETTLEMENT DATED
27.04.2010 VIDE ANNEXURE-H ARRIVED AT BETWEEN THE
INDIAN BANKS' ASSOCIATION AND THE WORKMEN TRADE
UNION OF THE RESPONDENT / BANK AND PAY HIM PENSION IN
ACCORDANCE WITH THE UNITED BANK OF INDIA [EMPLOYEES]
PENSION REGULATIONS 1995 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
PER ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
IN W.P.No.746/2015:
BETWEEN:
K. GOPINATH,
AGED ABOUT 63 YEARS,
S/O K. MADHAVA,
R/AT HOUSE NO.8, "SRI KESHAVA",
3RD CROSS, NETHAJINAGAR,
MATHIKERE,
BANGALORE - 560 054. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. VIJAYA BANK
A BODY CONSTITUTED UNDER THE
49
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT,
1980 REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR, HEAD OFFICE,
NO.41/2, M.G. ROAD,
BANGALORE - 560 001.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATES FOR R-1
&R-2; SRI C. SHASHIKANTHA, CGC FOR R-3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDER DATED 23.12.2014
VIDE ANN-S ISSUED BY THE R-1 / BANK AND DIRECT THE
RESPONDENT / VIJAYA BANK TO GRANT PENSION TO THE
PETITIONER IN TERMS OF THE SETTLEMENT DATED
27.04.2010 VIDE ANN-J ARRIVED AT BETWEEN THE INDIAN
BANKS' ASSOCIATION AND THE WORKMEN TRADE UNION /
OFFICERS OF THE RESPONDENT / BANK IN TERMS OF THE
REPRESENTATION GIVEN BY THE PETITIONER VIDE ANN-R
AND PAY HIM PENSION IN ACCORDANCE WITH THE VIJAYA
BANK [EMPLOYEES'] PENSION REGULATIONS, 1995
FORTHWITH w.e.f 01.11.2009 WITH ALL INCIDENTAL AND
50
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
PER ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
IN W.P.No.7203/2015:
BETWEEN:
DR. K.M.S. GOPALEN @
M. SANTHANAGOPALAN,
AGED ABOUT 51 YEARS,
S/O G. MADHAVAN, R/AT NO.201,
FOUNDATION SUDARSHAN,
NEXT TO SINDHURA CONVENTION
HALL, VISHVESHWAR NAGAR,
MYSORE - 570 008. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. CANARA BANK,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKINGS ACT, 1970
RERPESENTED BY ITS GENERAL MANAGER,
HUMAN RESOURCES, PERSONNEL WING,
HEAD OFFICE, NO.112, J.C. ROAD,
BANGALORE - 560 002.
2. INDIAN BANKS' ASSOCIATION,
WORLD TRADE CENTRE COMPLEX,
CENTRE-I, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005
REPRESENTED BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCE SERVICES,
BANKING DIVISION,
JEEVAN DEEP BUILDING,
51
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: T.P. MUTHANNA, ADVOCATE FOR R-1 & R-2;
SRI. KRISHNA S. DIXIT, ASG FOR R-3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONER AND QUASH THE ORDER DATED 23.10.2010 (VIDE
ANNEXURE-T TO THE W.P.) PASSED BY THE R-1/BANK AND
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT/CANARA BANK TO FORTHWITH CONSIDER THE
CASE OF THE PETITIONER IN TERMS OF THE SETTLEMENT
DT.27.04.2010 (UNDER ANNEXURE-Q TO THE W.P.) ARRIVED AT
BETWEEN THE INDIAN BANK'S ASSOCIATION AND THE
WORKMEN TRADE UNION OF THE R-1/BANK TAKING THE
SERVICE OF THE PETITIONER THAT HE RENDERED IN ANDHRA
BANK FROM 1985 TO 1990 AND DETERMINING QUALIFYING
SERVICE IN TERMS OF REGULATION 18 OF THE PENSION
REGULATIONS 1995 AND PAY HIM PENSION IN ACCORDANCE
WITH THE CANARA BANK (EMPLOYEES) PENSION
REGULATIONS, 1995 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
P.A. FROM THE DATE THE AMOUNTS BECAME DUE IN TERMS
OF THE SETTLEMENT DATED 27.04.2010 TILL THE DATE OF
PAYMENT.
IN W.P.No.9102/2015:
BETWEEN:
K. NARANAPPA,
AGED ABOUT 62 YEARS,
S/O K. BABU,
RESIDING AT NAVASUMA, AMBIKA ROAD,
KOTEKAR POST,
52
MANGALORE - 575 022. ... PETITIONER
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
CANARA BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1970
HAVING ITS HEAD OFFICE AT NO.112,
J.C. ROAD, BANGALORE-2
REPRESENTED BY ITS
GENERAL MANAGER (P). ... RESPONDENT
(BY SRI: T.R.K. PRASAD, ADVOCATE)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE COMMUNICATION /
ORDER DATED 18.04.2013 AND QUASH COMMUNICATION /
ORDER DATED 18.04.2013 (VIDE ANNEXURE-N TO THE W.P.)
ISSUED BY THE RESPONDENT BY ISSUE OF A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO
GRANT PENSION TO THE PETITIONER AS PER HIS APPLICATION
FOR GRANT OF PENSION DATED 28.01.2013 (VIDE ANNEXURE-
L TO THE W.P.) AND GRANT ALL CONSEQUENTIAL BENEFITS
INCLUDING PAYMENT OF INTEREST ON THE AMOUNT DUE TO
THE PETITIONER AT THE RATE OF 12% PER ANNUM FROM THE
DATE IT FELL DUE TILL THE DATE OF PAYMENT.
IN W.P.Nos.29284-29287/2015:
BETWEEN:
1. SMT. VRINDA P. BHANDARKAR
W/O. S. PREMANANDA BHANDARKAR,
AGED ABOUT 60 YEARS,
R/AT 'ANAND' 8-179/1, KANA,
53
SURATKAL - 575 014, D.K.
2. SUDHEENDRA KUMAR
S/O. GURURAJACHARYA,
AGED ABOUT 61 YEARS,
R/AT NO.213/D, 'SADANA', 2ND MAIN,
2ND 'E' CROSS, GIRINAGAR I PHASE,
BANGALORE - 560 085.
3. SMT. SHEETAL ARVIND PITRE
W/O. ARVIND PITRE,
AGED ABOUT 59 YEARS,
R/AT A-5, 201, PROVIDENT WELLWORTH
CITY, MARASANDRA, YELAHANKA
DODDABALLAPUR ROAD,
BANGALORE - 560 021.
4. KUSUMA BAI (KUSUMA PRABHAKAR)
W/O T. PRABHAKAR,
AGED ABOUT 62 YEARS,
R/AT NO.107, ANUPAMA, 36TH MAIN,
II STAGE, BTM LAYOUT,
BANGALORE - 560 068. ... PETITIONERS
(BY SRI: M. NAGAPRASANNA, ADVOCATE)
AND:
1. SYNDICATE BANK,
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES' (ACQUISITION &
TRANSFER OF UNDERTAKING) ACT, 1970
REPRESENTED BY ITS GENERAL MANAGER,
HUMAN RESOURCES/PENSIONS,
PERSONNEL DEPARTMENT,
STAFF WELFARE DIVISION,
HAVING ITS HEAD OFFICE AT
MANIPAL, UDUPI DISTRICT - 576 119.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE - 1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
54
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVANDEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1 &
R-2; SRI KRISHNA S. DIXIT, ASG FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO DENIAL OF PENSION TO THE
PETITIONERS QUASH ORDER DATED 11/21-05-2013 ISSUED
BY THE R-1, VIDE ANNEXURES-AC AND ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE
RESPONDENT/SYNDICATE BANK TO FORTHWITH CONSIDER
THE CASE OF THE PETITIONERS IN TERMS OF THE
SETTLEMENT DATED 27.04.2010 (UNDER ANNEXURE-Q TO THE
W.P.) ARRIVED AT BETWEEN THE INDIAN BANK'S ASSOCIATION
AND THE WORKMEN TRADE UNION OF THE
RESPONDENT/BANK AND PAY THEM PENSION IN
ACCORDANCE WITH THE SYNDICATE BANK (EMPLOYEES')
PENSION REGULATIONS, 1995 WITH ALL INCIDENTAL AND
CONSEQUENTIAL BENEFITS ALONG WITH INTEREST AT 12%
P.A. FROM THE DATE THE AMOUNTS BECAME DUE IN TERMS
OF THE SETTLMENT DATED 27.04.2010 TILL THE DATE OF
PAYMENT.
IN W.P.Nos.29288-29301/2015:
BETWEEN:
1. M. MUNIRAJU
55
S/O. MUNISHAMAPPA,
AGED ABOUT 53 YEARS,
R/AT NO.1588, 7TH MAIN ROAD,
KENGERI SATELLITE TOWN,
BENGALURU - 560 060.
2. M.G. SRIDHAR
S/O. M.R. GURUMURTHY,
AGED ABOUT 56 YEARS,
R/AT APARTMENT NO.C-602,
RAJLAKE VIEW PHASE-II,
RANKA COLONY ROAD,
OPP. BANNERGHATTA ROAD,
BTM LAYOUT II STAGE,
BENGALURU - 560 076.
3. SMT. UMA VIDESHWAR
W/O. VAIDESHWAR,
AGED ABOUT 58 YEARS,
R/AT NO.B-301, MANTRI ELITE,
APARTMENTS, BANNERGHATTA ROAD,
BENGALURU - 560 076.
4. V. RAMASUBRAMANIAN
S/O. LATE K. VENKATESAN,
AGED ABOUT 58 YEARS,
R/AT NO.162, 3RD CROSS,
R.R. LAYOUT, 80 FEET BDA ROAD,
VISVESVARAYA MARG,
BANNERGHATTA,
BENGALURU - 560 076.
5. VINAY BHUSHAN BHAGAVATHY,
S/O. B. K. RAO
AGED ABOUT 58 YEARS,
R/AT NO.32/345, II CROSS,
BANASHANKARI LAY-OUT,
BATTARAHALLI,
VIJAYANAGAR P.O.,
BENGALURU - 560 049.
6. MRS. ANJUM BAKTHULA
W/O. NARESH BAKTHULA,
AGED ABOUT 60 YEARS,
56
R/AT NO.225, EL-SHADDAI,
OPP. FATHIMA SCHOOL,
KALYANAGAR POST,
BENGALURU - 560 043.
7. N.C.M. MOHAN
S/O. B.V.H. PRASAD,
AGED ABOUT 60 YEARS,
R/AT FLAT NO.103, MAITRI LAYOUT,
ROAD NO.6, OM RESIDENCY
HOPE FARM CIRCLE, WHITEFIELD,
BENGALURU - 560 066.
8. B. MANOHARAN
S/O. P. BHASKAR,
AGED ABOUT 59 YEARS,
R/AT ASRAYA, NO.224, F BLOCK,
14TH MAIN ROAD, SAHAKARANAGAR,
BANGALORE.
9. R. VENKATESHAN
S/O. RAMASUBRAMANIAN,
AGED ABOUT 59 YEARS,
R/AT NO.206, SKYLINE FOUNDATION,
AGRA ROAD, BABUSAPALYA,
BENGALURU - 560 043.
10. C.R. JANAKI
W/O. S. SRIVATSAN,
AGED ABOUT 58 YEARS,
R/AT WD-001, SRIRAM SMRUTHI,
ATTIBELE, SARJAPUR ROAD,
BANGALORE RURAL DISTRICT - 562 107.
11. GANNE KARUNA PRASAD
S/O. G. V. CHALAPATHI RAO,
AGED ABOUT 56 YEARS,
R/AT NO.21, KRISHNAREDDY LANE,
NANJAREDDY COLONY,
BENGALURU - 560 017.
12. V. SURESH KUMAR
S/O. K. VISHWANATHAN,
AGED ABOUT 61 YEARS,
57
R/AT BLOCK NO.E-2, FLAT NO.504,
WHITE HOUSE APARTMENTS,
15TH CROSS, 6TH MAIN, R.T. NAGAR,
BENGALURU - 560 032.
13. BANDARU RAMAKRISHNA RAO
S/O. VENKATNARAYANA,
AGED ABOUT 60 YEARS,
R/AT NO.504, 10TH 'A' MAIN,
4TH BLOCK, III STAGE,
BASAVESHWARNAGAR,
BENGALURU - 560 079.
14. B. KOUSHIK
S/O. S. BHASKARAN,
AGED ABOUT 59 YEARS,
R/AT SC 102, SRIRAMS SPANDANA,
CHALLAGATTA,
BENGALURU - 560 037. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. BANK OF BARODA
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980,
HAVING ITS HEAD OFFICE AT HRM
DEPARTMENT, BARODA HOUSE, MANDVI,
BARODA - 390 006 REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER &
MANAGING DIRECTOR.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE, DEPARTMENT OF
FINANCIAL SERVICES, BANKING DIVISION,
58
JEEVAN DEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDERS DATED
06.05.2015, 12.03.2015, 06.05.2015 AND 06.05.2015 AND
QUASH (i) ORDER DATED 06.05.2015 (UNDER ANNEXURE-S TO
THE W.P.) (ii) ORDER DT.12.03.2015 (UNDER ANNEXURES-AB
TO THE WRIT PETITION) (iii) ORDER DATED 06.05.2015 (UNDER
ANNX-AE TO THE W.P.) (iv) ORDER DATED 06.05.2015 (UNDER
ANNX-AG TO THE W.P.) ALL ISSUED BY THE R-1 HEREIN BY
ISSUE OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE
A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R-
1/BANK OF BARODA TO FORTHWITH CONSIDER THE CASES
OF THE PETITIONERS IN TERMS OF THE SETTLEMENT
DT.27.04.2010 (UNDER ANNEXURE-J TO THE W.P.) ARRIVED AT
BETWEEN THE INDIAN BANK'S ASSOCIATION AND THE
WORKMEN/OFFICERS UNION OF THE R-1/BANK AND PAY
THEM PENSION IN ACCORDANCE WITH THE BANK OF BARODA
(EMPLOYEES') PENSION REGULATIONS 1995 WITH ALL
CONSEQUENTIAL AND INCIDENTAL BENEFITS ALONG WITH
INTEREST AT 12% P.A. FROM THE DATE THE AMOUNTS
BECAME DUE IN TERMS OF THE SETTLEMENT DATED
27.04.2010 TILL THE DATE OF PAYMENT.
IN W.P.No.42785/2015:
BETWEEN:
B. K. CHANDRASHEKAR,
AGED ABOUT 68 YEARS,
S/O B. KAMAIAH GOWDA,
R/AT NO.54, 4TH MAIN, I CROSS,
H.A.L. III STAGE, INDIRANAGAR,
BENGALURU - 560 075. ... PETITIONER
59
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. VIJAYA BANK
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
TRANSFER OF UNDERTAKINGS) ACT, 1980,
REPRESENTED BY ITS CHAIRMAN
& MANAGING DIRECTOR, HEAD OFFICE,
NO.41/2, M.G. ROAD,
BENGALURU - 560 001.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFEE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN .
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVANDEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1;
R-2 SERVED;
SRI KRISHNA S. DIXIT, ASG FOR R-3)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDER DATED 28.07.2015
AND QUASH ORDER DATED 28.07.2015 (UNDER ANNEXURE-S
TO THE WRIT PETITION) ISSUED BY THE R-1 / BANK BY ISSUE
OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE A WRIT
60
IN THE NATURE OF MANDAMUS DIRECTING THE R-1/BANK TO
FORTHWITH CONSIDER THE CASE OF THE PETITIONER IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 (UNDER
ANNEXURE-J TO THE WRIT PETITION) ARRIVED AT BETWEEN
THE INDIAN BANK'S ASSOCIATION AND THE WORKMEN
OFFICERS UNION OF THE R-1 / BANK AND PAY HIM PENSION
IN ACCORDANCE WITH THE VIJAYA BANK (EMPLOYEES)
PENSION REGULATIONS 1995 WITH ALL CONSEQUENTIAL AND
INCIDENTAL BENEFITS ALONG WITH INTEREST AT 12% PER
ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
IN W.P.Nos.42786-42787/2015:
BETWEEN:
1. BADRINARAYAN MATTAPALLI,
AGED ABOUT 62 YEARS,
S/O. RADHAKRISHNAIAH MATTAPALLI,
R/AT NO.105, 2ND BLOCK,
UTTARAHALLI MAIN ROAD,
OPP. CORPORATION BANK,
UTTARAHALLI,
BENGALURU - 560 061.
2. MRS. ARUNA R. RAO,
AGED ABOUT 60 YEARS,
W/O. R. R. RAO,
R/AT NO.1034/4, III MAIN, III CROSS,
TRIVENI ROAD, K. N. EXTENSION,
BENGALURU - 560 022. ... PETITIONERS
(BY SRI: M. NAGA PRASANNA, ADVOCATE)
AND:
1. BANK OF BARODA
A BODY CONSTITUTED UNDER THE
BANKING COMPANIES (ACQUISITION &
61
TRANSFER OF UNDERTAKINGS) ACT, 1980
HAVING ITS HEAD OFFICE AT HRM
DEPARTMENT, BARODA HOUSE, MANDVI,
BARODA - 390 006 REPRESENTED
BY ITS CHAIRMAN & MANAGING DIRECTOR.
2. INDIAN BANKS' ASSOCIATION
WORLD TRADE CENTRE COMPLEX,
CENTRE-1, 6TH FLOOR, CUFFE PARADE,
MUMBAI - 400 005 REPRESENTED
BY ITS CHAIRMAN.
3. UNION OF INDIA
BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES,
BANKING DIVISION,
JEEVANDEEP BUILDING,
PARLIAMENT STREET,
NEW DELHI - 110 001. ... RESPONDENTS
(BY SRI: PRADEEP S. SAWKAR, ADVOCATE FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATE FOR R-1;
SRI ABHILASH RAJU, ADVOCATE FOR R-2;
SRI M.A. SUBRAMANI, CGC FOR R-3)
*****
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS LEADING TO THE ORDERS DATED
18.08.2015 & 26.08.2015 AND QUASH (I) ORDER DATED
18.08.2015 (UNDER ANNEXURE-S TO THE WRIT PETITION) AND
(II) ORDER DATED 26.08.2015 (UNDER ANNEXURE-V TO THE
WRIT PETITION) BOTH ISSUED BY THE R-1 / BANK BY ISSUE
OF A WRIT IN THE NATURE OF CERTIORARI AND ISSUE A WRIT
IN THE NATURE OF MANDAMUS DIRECTING THE R-1 / BANK
TO FORTHWITH CONSIDER THE CASES OF THE PETITIONERS
IN TERMS OF THE SETTLEMENT DATED 27.04.2010 (UNDER
ANNEXURE-J TO THE WRIT PETITION) ARRIVED AT BETWEEN
THE INDIAN BANKS ASSOCIATION AND THE WORKMEN /
62
OFFICERS UNION OF THE R-1 / BANK AND PAY THEM PENSION
IN ACCORDANCE WITH THE BANK OF BARODA (EMPLOYEES)
PENSION REGULATIONS 1995 WITH ALL COSEQUENTIAL AND
INCIDENTAL BENEFITS ALONG WITH INTEREST AT 12 % PER
ANNUM FROM THE DATE THE AMOUNTS BECAME DUE IN
TERMS OF THE SETTLEMENT DATED 27.04.2010 TILL THE
DATE OF PAYMENT.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 26.07.2017, AND COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
All these writ petitions arise out of similar factual matrix, and raise identical legal issues. Therefore, they are being decided by this common order.
2. The facts of the case are being taken from P. D. Nanaiah and Others v. Vijaya Bank and Others (W.P.Nos.17234-267/2014). Although this case has a checkered history, it is imperative to narrate the same in order to understand the eventual legal issue which would arise in these set of writ petitions, namely in case an employee has completed the qualifying service, whether his/her resignation should be treated as voluntary retirement or not? Whether an employee who has resigned 63 from the service, under different Bank Regulations, would be entitled to receive the benefit of pension, or not?
3. The petitioners joined the services of different banks (referred to as the "respondent Bank") between 1969 to 1985 either as officers, or clerks, or sub-staff. During the tenure of their service, dispute arose between the Bank employees and the Management of fifty-eight banks with regard to the introduction of pension scheme as a second retiral benefit in lieu of the Contributory Provident Fund. Eventually on 29.10.1993, a Settlement was reached between the Bank employees and the Managements of the fifty-eight banks. The said Settlement was to come into effect from 01.11.1993. According to Clause 5 of the said Settlement, those employees who have voluntarily retired after a qualifying service of twenty years would be entitled to receive proportionate pension.
4. But before the petitioners and others could get a chance to opt for the pension, on 04.11.1995, the Vijaya Bank notified the Vijaya Bank (Employees') Pension Regulations, 1995 ("the Regulations", for short). According 64 to Regulation 22 of the Regulations, if a Bank employee were to participate in a strike, his entire past service would be forfeited. Since the petitioners, and other employees, were aggrieved by Regulation 22 of the Regulations, they did not exercise their option for pension. Instead, the employees protested against Regulation 22 of the Regulations through their trade unions. On 11.11.1997, the Management agreed to delete Regulation 22 of the Regulations. Eventually on 24.12.1997, the Government also agreed to delete Regulation 22 of the Regulations, and to inform the Indian Bank Association accordingly.
5. During the period 2007-2010, none of the banks had introduced the Voluntary Retirement Scheme ("VRS", for short). But wanting to exit from their Bank, the petitioners resigned from their service during this period.
6. During this period of 2007-2010, the Bank employees demanded that another opportunity should be given to them for opting for the pension scheme under the Regulations. Consequently, on 27.04.2010, the Bank 65 employees and the Management concluded a Settlement on the said issue under the provisions of the Industrial Disputes Act, 1947. A Joint Note was duly signed between the parties.
7. Purporting to act under the Settlement and the Joint Note dated 27.04.2010, on 07.09.2010, the respondent Bank issued a Circular. According to the said Circular, another option to join the pension was granted to the bank employees who were either serving, or had retired, or had opted for voluntary retirement under the VRS. However, according to the Circular, those who had resigned from the service were not entitled to receive the benefit of pension, as they could not opt for pension under the Regulations. According to Clause VII, "this option to join the pension scheme shall not be extended to those employees (Officers and Award staff) who ceased to be in the service of the bank in any manner other than the categories mentioned hereinabove". Thus, the option to join the pension scheme was not available to those who had resigned from their service.
66
8. Notwithstanding the prohibition contained in Clause VII of the Circular, a few employees submitted their option for seeking the benefit of pension under the Regulations. However, their request was turned down by the respondent Bank on 02.11.2010, inter alia on the ground that Clause VII of the Circular did not grant them the right to opt for the pension scheme.
9. Since these employees were aggrieved by the rejection of their request, they filed writ petitions before this court, namely W.P.Nos.24158-160/2011. By order dated 18.04.2012, a learned Single Judge quashed Clause VII of the Circular, and opined that the petitioners therein are entitled to receive pension as per the Regulations.
10. Since the respondent Bank was aggrieved by the said order, it filed a Writ Appeal, namely W.A.Nos. 2956-2977/2012, before a learned Division Bench of this Court. However, by judgment dated 30.07.2012, the learned Division Bench dismissed the appeal, and upheld the order dated 18.04.2012.
67
11. Meanwhile, other employees who had also resigned from their service with the Bank, also filed a writ petition before this court, namely W.P.No.7245/2011. By order dated 30.08.2012, a learned Single Judge allowed the said writ petition in view of the decision of the learned Division Bench mentioned hereinabove.
12. Since the respondent Bank was aggrieved by the judgment dated 30.07.2012, passed by the learned Division Bench, it filed a review petition, namely R.P.No.68/2013 before this Court. However, by order dated 25.10.2013, the learned Division Bench dismissed the review petition.
13. Since the respondent Bank was aggrieved both by the judgment dated 30.07.2012, and the order dated 25.10.2013, passed by the learned Division Bench, it filed a Special Leave Petition ("SLP", for short) before the Hon'ble Supreme Court, namely C.C.Nos.20811-32/2013. But, by order dated 06.12.2013, the Apex Court dismissed the Special Leave Petition. However, the Apex Court kept the question of law open.
68
14. On 04.04.2014, some of the petitioners filed their representations for being brought under the umbrella of the Regulations, and for being given the option to chose the pension scheme. Since Clause VII of the Circular dated 07.09.2010 had been struck down by this Court, since on an earlier occasion the petitioners, in the above mentioned writ petitions, had won their cases all the way up to the Apex Court, the petitioners herein were hopeful that their representations would be accepted by the respondent Banks. However, by orders dated 07.04.2014, the respondent Bank has rejected the representation filed by some of the petitioners. Hence, the present set of writ petitions before this Court.
15. Mr. M. Nagaprasanna, the learned counsel for petitioners, has raised the following contentions before this Court :-
Firstly, the case of the petitioners herein is on identical footing as the case of the petitioners who had approached this court in W.P.Nos.24158-160/2011. By order dated 69 18.04.2012, while striking down Clause VII of the Circular dated 07.09.2010, this Court had directed that the petitioners therein would be entitled to the pension scheme under the Regulations. Moreover, the direction issued by the learned Single Judge were upheld by the learned Division Bench, and by the Apex Court. Therefore, the benefit of such a direction cannot be denied to the present petitioners.
After all, this court is bound by the decision of the learned Division Bench dated 30.07.2012.
Secondly, relying heavily on the case of Shashikala Devi v. Central Bank of India [ AIR 2015 SC 2434 ] and on the case of Asgar Ibrahim Amin v. Life Insurance Corporation of India [ (2015) SCC Online SC 937], the learned counsel has vigorously argued that in case an employee completes his qualifying service for pension, and then resigns from the service, in such circumstances, the resignation should be treated as a voluntary retirement. Therefore, the petitioners' "resignation" should be equated with "voluntary retirement" from the service. Hence, they 70 are entitled to give their option for being included in the pension scheme under the Regulations.
Lastly, if the petitioners are not granted the benefit of the pension scheme under the Regulations, a highly anomalous situation would emerge: for, while some employees who had equally resigned have been given the benefit of the pension scheme under the Regulation due to the decision of this court, and the Hon'ble Supreme Court as mentioned above, the present employees would be denied the benefit of the same pension scheme under the Regulation by the respondent Bank. Therefore, by denying the petitioners the right to opt for the pension scheme the respondent Bank is violating the fundamental rights of the petitioners under Article 14, 16, and 21 of the Constitution of India.
16. On the other hand, Mr. Pradeep S. Sawkar, the learned counsel for the respondent-Bank, has raised the following counter-arguments before this court:-
Firstly, even while dismissing the SLP filed by the respondent Bank, by order dated 06.12.2013, the Hon'ble 71 Supreme Court had kept the question of law open. Therefore, this court would have to decide the questions of law mentioned hereinabove.
Secondly, the present set of writ petitions are highly belated as the Settlement was reached on 27.04.2010, the Circular was issued on 07.09.2010, yet the present set of writ petitions have been filed in 2014. Thus, there is an inordinate delay of four years.
Thirdly, in case the petitioners were, indeed, aggrieved by Clause VII of the Circular dated 07.09.2010, like their other colleagues, the petitioners too should have immediately approached this court, and challenged the said Clause. Those who wait and watch on the sidelines to see the outcome of a litigation, they do not deserve the benefit of a judgment which may be passed granting relief to others who are similarly placed. Therefore, the petitioners, who have waited on the sidelines, should not be given the benefit of the judgment passed by the learned Division Bench of this Court, and the Hon'ble Apex Court. In order to support his 72 plea, the learned counsel has relied upon the State of U. P. and Others v. Arvind Kumar Srivastava and Others [ (2015) 1 SCC 347].
Fourthly, relying on the case of M.R. Prabhakar and Others v. Canara Bank and Others [ (2012) 9 SCC 671], the learned counsel has strenuously argued that there is a clear-cut distinction between a "resignation" and a "voluntary retirement" from the service. Therefore, these two categories cannot be confused. Moreover, in the case of M. R. Prabhakar (supra), the Apex Court had clearly pointed out that the benefit of pension granted under the Scheme promulgated by the Insurance Company, the same benefit cannot be given to the Bank employees as the provisions of the Regulations in the Insurance Company are different from the Regulations in the Banking Sector. Therefore, the petitioners' reliance on the case of Asgar Amin (supra) is misplaced.
Fifthly, the case of Shashikala Devi (supra) is distinguishable from the present set of petitions on factual 73 matrix. The case of Shashikala Devi was decided on the peculiar facts of the said case. Therefore, the case of Shashikala Devi (supra) does not support the case of petitioners.
Lastly, the Regulations require the employees to surrender their contribution made to the Contributory Provident Fund for the creation of the pension fund. Thus, the pension fund has a limited corpus. Therefore, the employees are required to give their option for seeking pension within a limited time frame. In case the option is not exercised within the limited time frame, then the employee cannot be granted the benefit of pension under the Regulations. In order to buttress this plea, the learned counsel has relied upon the cases of B.V. Narayana Murthy v. The Deputy General Manager, Punjab National Bank and Others [W.P.No.12372/2011 decided on 14.07.2015] and Vasudeva Sheena Karkera v. Bank of Baroda and Others [W.P.No.11446/2014 decided on 07.07.2017]. 74
17. Heard the learned counsel for parties, perused the impugned endorsement, and considered the record.
18. Admittedly, the issue with regard to the legality of Clause VII of the Circular had traveled from this court to the Apex Court. The judgment passed by this court striking down Clause VII of the Circular was not interfered by the Apex Court. In fact, the Apex Court had kept the question of law open. Thus, the present cases would have to be decided on the basis of the questions of law mentioned hereinabove. Therefore, the petitioners are unjustified in seeking the benefit of the earlier decisions of this court on Clause VII of the Circular.
19. While dealing with the case of fence-sitters, in the case of Arvind Kumar Srivastava and others (supra), the Hon'ble Supreme Court has opined as under:
i) The normal rule is that when a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be 75 violative of Article 14 of the Constitution. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by the Supreme Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule should be that merely because other similarly situated persons did not approach the court earlier, they are not to be treated differently.
ii) However, this principle is subject to well-recognised exceptions in the form of laches and delays as well as acquiescence. Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim.
20. Undoubtedly, the respondent Bank published the Circular on 07.09.2010. According to Clause VII of the 76 Circular those who had resigned from service were precluded from seeking the benefit of the pension scheme. In case, the petitioners were aggrieved by Clause VII of the Circular, they too should have immediately rushed to this court like their other colleagues. However, the petitioners chose to wait and watch the outcome of series of litigation pending between their other colleagues and the respondent Bank. Therefore, the learned counsel for petitioners is unjustified in claiming that the benefit of order dated 18.04.2012, passed in W.P.Nos.24158-160/2011, upheld by the learned Division Bench by judgment dated 30.07.2012, should be given to the present petitioners. Hence, the first contention raised by the learned counsel for petitioners is clearly unacceptable.
21. The learned counsel for the petitioners is equally unjustified in claiming that merely because the petitioners have completing their qualifying services for pension, therefore, their "resignation" should be treated as "voluntary retirement" from the service. For, there are three different modes which are available to an employee for exiting from his service. firstly, resignation; secondly, seeking voluntary 77 retirement; thirdly, reaching the age of superannuation. The law makes a clear distinction between a "resignation" and "voluntary retirement". The said distinction has been pointed out by the Hon'ble Supreme Court in the case of M. R. Prabhakar and another (supra). Relying on the case of UCO Bank & Others v. Sanwar Mal [AIR 2004 SC 2135], the Apex Court has opined as under:
"9. The words "resignation" and "retirement"
carry different meanings in common parlance. An employee can resign at any point of time, even on the second day of his appointment, but in the case of retirement he retires only after attaining the age of superannuation or in the case of voluntary retirement on completion of qualifying service. The effect of resignation and retirement to the extent that there is severance of employment, but in service jurisprudence both the expressions are understood differently. Under the Regulations, the expressions 'resignation' and 'retirement' have been employed for different purpose and carry different meanings. The pension scheme herein is based on actuarial calculation; it is a self-financing scheme, which does not depend upon budgetary support and 78 consequently it constitutes a complete code by itself. The scheme essentially covers retirees as the credit balance to their provident fund account is larger as compared to employees who resigned from service. Moreover, resignation brings about complete cessation of master-and-servant relationship whereas voluntary retirement maintains the relationship for the purpose of grant of retiral benefits, in view of the past service. Similarly, acceptance of resignation is dependent upon discretion of the employer whereas retirement is completion of service in terms of regulations/rules framed by the bank. Resignation can be tendered irrespective of the length of service whereas in the case of voluntary retirement, the employee has to complete qualifying service for retiral benefits."
22. Thus, law distinguishes between a 'resignation', and 'voluntary retirement'. Hence, 'resignation', and 'voluntary retirement' form two distinct and separate classes. Therefore, those who have resigned from their service cannot claim that their "resignation" should be treated as "voluntary retirement". For, such an argument blurs the distinction between a "resignation", and "voluntary 79 retirement". Moreover, the law does not permit the blurring of the difference between the two on the ground that if an employee has completed the qualifying service for the purpose of pension, then his resignation would be deemed to be a "voluntary retirement". Hence, the argument of the learned counsel for petitioners is clearly unsustainable.
23. Although the learned counsel for petitioners has relied on the case of Asgar Ibrahim Amin (supra), but in the case of M. R. Prabhakar and Others (supra), the Hon'ble Supreme Court has clearly opined that the provisions of the pension scheme of the Insurance Companies and the pension scheme prevalent in the Banks are not pari materia. For, while in the Insurance Pension Regulations, no distinction is made between a "resignation" and a "voluntary retirement", in the Bank Pension Regulations, such a distinction has been clearly made. Therefore, the case of Asgar Ibrahim Amin (supra), which dealt with the Insurance Pension Regulation, does not come to the rescue of the petitioners.
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24. Of course, the learned counsel for petitioners has heavily relied on the case of Shashikala Devi (supra). However, the said case is distinguishable on the factual matrix itself. Therefore, even the case of Shashikala Devi (supra), does not buttress the petitioners' case.
25. A bare perusal of the Regulations clearly reveal that the pension fund is created by surrender of the Contributory Provident Fund by the employee. Therefore, the option for seeking the pension has to be exercised within a limited time frame. After the time period is over, those employees who have not exercised the option, they cannot be permitted to opt for pension. In the case of B.V. Narayana Murthy (supra) and Vasudeva Sheena Karkera (supra), the issue that arose before this court was whether those employees, who have not opted for the pension scheme within the stipulated period, can be permitted to opt for the pension scheme after the period for such an option has expired, or not ? This court has categorically held that once the period is over for opting for the pension scheme, the employees cannot be permitted to exercise their option for 81 the said scheme. The present set of petitions are squarely covered by the decision of this court in the aforementioned cases. Therefore, the respondent Bank is legally justified in disallowing the petitioners from exercising their option for the pension scheme. Hence, the orders dated 07.04.2014, rejecting the representations filed by some of the petitioners, are legally valid.
26. For the reasons stated above, this court does not find any merit in these writ petitions. They are, therefore, dismissed. No order as to costs.
Sd/-
JUDGE Np/-