under which regulation of Pension Regulations, 1995 the employees would be eligible for pension, if the employee is a pension optee and is seeking voluntary ... under which regulation of Pension Regulations, 1995 the employees would be eligible for pension if the employee is a pension optee and seeking voluntary retirement
opted for pension. He could not, therefore, now seek to
contend that he was a deemed pension optee. In fact, according
to Mrs. Ahlawat, this ... scheme or switch over to the
Pension Scheme, he would be a deemed pension optee. However, if
the employee "deliberately applies for getting
working as an employee with the respondent Bank. He was a pension
optee.
3.2 The petitioner was
imposed the penalty of removal from the service ... also towards the provident fund in lieu of pension, but
if he is a pension optee, he can not claim pension, whether such a
stand
Delhi Oers Optees & Pensioners ... vs Reserve Bank Of India & Ors on 14 July, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh ... DELHI
+ W.P.(C) 739/2008
RBI NEW DELHI OERS OPTEES & PENSIONERS WELFARE
ASSOCIATION & ORS. ..... Petitioners
Through: Appearance not given
versus
RESERVE BANK
Delhi Oers Optees & Pensioners ... vs Reserve Bank Of India & Ors on 2 February, 2022
Author: Yashwant Varma
Bench: Yashwant Varma ... DELHI
+ W.P.(C) 739/2008
RBI NEW DELHI OERS OPTEES & PENSIONERS WELFARE
ASSOCIATION & ORS. ..... Petitioners
Through: None.
versus
RESERVE BANK OF INDIA
Respondents instead of treating him as deemed optee have treated him as not optee and denied the pension due to the Applicant. It is further ... Pension, Opted for Pension and Deemed opted for Pension. The Applicant has not given any option in favour or against the pension scheme
Pension Scheme but without his consent,
they have now declared that they had made a clerical mistake in
declaring him an pension optee and accordingly ... applicant continued to be shown as a pension optee due to clerical
error on their part. They also admit that the Pension Scheme has
been
defined.
25. Regulation 2(t) defines `pension':
"pension" includes the basic pension and additional
pension referred to in Chapter VI of these ... pension:
22
superannuation pension (Regulations 28);
voluntary retirement pension (Regulation 29);
invalid pension (Regulation 30); premature
retirement pension (Regulation 32) and
compulsory retirement pension (Regulation
future employment.""
2.5 Kamlesh Pratap Singh not being a pension optee was paid
terminal/superannuation benefit, i.e. his own as well ... benefits as
would be due otherwise. Importantly, the employee was a pension optee
and was, therefore, entitled to pension in terms of the Regulation. Pension
2007 Page 2 of 10
the pension scheme; accordingly the plaintiff was treated as a
pension optee. He was no longer under the CPF scheme ... options i.e. either the CPF or the pension scheme, was
deemed to be a pension optee which is clearly so in this case
