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1 - 8 of 8 (0.23 seconds)Bank Of Baroda & Ors vs Ganpat Singh Deora on 18 December, 2008
14 To examine the case on hand, the competent authority
had no occasion to pass any order in the light of 1995
Regulations as the petitioner availed extraordinary leave prior
to the above Regulations came into force. All extraordinary
leave of the petitioner was approved and that the competent
authority allowed the petitioner to go on leave and thereafter
permitted the petitioner to join in service and again permitted
the petitioner to retire by opting for voluntary retirement
scheme. The respondent Bank has settled all her terminal
benefits and paid the ex-gratia, gratuity and other allowances
to which she is entitled, except the pension.
15 In Bank of Baroda and Others vs. Ganpat Singh
Deora (1 surpa) the Hon'ble Apex Court held at para Nos.27,
28 and 30 as follows:
State Bank Of Patiala vs Pritam Singh Bedi & Ors on 7 July, 2014
16 In State Bank of Patiala vs. Pritam Singh Bedi (3
supra) the Hon'ble Apex Court held at para Nos.22 and 24 as
follows:
Management Of Indian Bank And Anr vs G. Ramachandran And Ors on 2 November, 2007
17 In Indian Bank and another vs. G. Ramachandran
and Others (4 supra) the Hon'ble Apex Court held at Para
Nos.3, 13, 14 and 15 as follows:
United Bank Of India vs Pijush Kanti Nandy & Ors on 4 August, 2009
In
support of his submissions, he relied upon the judgments of
Hon'ble Supreme Court in Bank of Baroda V. Ganpat Singh
Deora1 and United Bank of India V. Pijush Kanti Nandy2.
8 Learned counsel for the respondents-Bank submits that
for being eligible for payment of pension in terms of the
Pension Regulations of 1995, as applicable to the employees,
who have opted for pension and who have retired from service
of the bank under ABEVRS 2000, one has to put in a
minimum of 15 years of qualifying service as on the date of
voluntary retirement. He further submits that in the present
case, though the petitioner had put in a total service of 15½
years of service, she did not put in the required qualifying
service of 15 years for being eligible for payment of pension
and therefore, respondent No.2 rightly rejected the request of
the petitioner for grant of pension.
Section 2 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
THE PAYMENT OF GRATUITY ACT, 1972
Andhra Bank vs R.Uma Maheswari on 21 November, 2019
15. We, therefore, are of the opinion that the
impugned judgment of the High Court cannot be
sustained and it is set aside accordingly. The appeal is
allowed. However, in the facts and circumstances of
this case, there shall be no orders as to costs.
18 The learned counsel for the respondent Bank has relied
on the judgment of the Hon'ble Madras High Court held
between Andhra Bank vs. R. Uma Maheswari {W.A.No.3789
of 2019 against W.P.No.37764 of 2004 dated 21.11.2019}.
In the case cited supra, the leave pertains to the period after
1995 i.e. the Regulations came into effect and the competent
authority had occasion to examine the leave and
communicated to the employee that the said leave will not be
considered for extending the benefit of pension and his leave
leads to disqualification for claiming pension. The facts of the
above case are different to the facts of the case on hand and
hence the said judgment is not applicable.
18
19 In the case on hand, the respondent Bank on
30.03.2001 had issued a certificate indicating that the
petitioner has put in 15 ½ years of service as a clerk and is
entitled to pension as per eligibility.
20 In view of the above discussion, this Court is of the view
that the petitioner is entitled to pension and the impugned
proceedings dated 01.09.2001 is liable to be set aside.
21 In the result, the Writ Petition is allowed setting aside
the order of the second respondent in Lr.No.666/3/P/152,
dated 01.09.2001 and accordingly rule nisi is made absolute.
The respondents are directed to pay pension to the petitioner
as per the procedure within a period of eight (8) weeks from
the date of receipt of a copy of this order together with
interest @ 6% p.a. from the due date. No order as to costs.
22 As a sequel, miscellaneous petitions, if any pending,
shall stand closed.
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