situation where compulsory retirement is the result
of a penalty. Whereas, Regulation 33(2), operates in cases of
compulsory retirement simplicitor. Therefore, according to
learned ... been inflicted
punishment of compulsory retirement under the Disciplinary
Regulations of the bank. Determination of compulsory
retirement pension payable to him, in terms of Regulation
observed that compulsory retirement in service
law jurisprudence has two different connotations. Compulsory retirement
may be imposed as a penalty on a delinquent employee found ... even "retirement" upon imposition of penalty of compulsory retirement. It
was also observed that in cases where penalty of compulsory retirement
was imposed
retirement pension in contravention of the Regulation 33 of the Bank of Baroda (Employees) Pension Regulations, 1995 (hereinafter referred to as the, 'Pension Regulations ... petitioner again requested on 16.07.2015 for grant of compulsory retirement pension at the rate of 100%. The Bank has released pension payment order
retirement like
superannuated, voluntary retirement, premature retirement and
compulsory retirement. In other words, each one of them cannot be
equated to that of compulsory retirement ... compulsory retirement as a
measure of penalty would be distinguishable with superannuation,
voluntary retirement, pre-mature retirement as they form different class,
therefore, compulsory retirement
imposing the very same "PUNISHMENT OF
COMPULSORY RETIREMENT". The said punishment of
compulsory retirement was again challenged by the petitioner
vide ... pension cant be less than 2/3rd and not more
than full pension admissible on the date of compulsory
retirement. It is submitted that
situation where compulsory retirement is the result
of a penalty. Whereas, Regulation 33(2), operates in cases of
compulsory retirement simplicitor. Therefore, according to
learned ... been inflicted
punishment of compulsory retirement under the Disciplinary
Regulations of the bank. Determination of compulsory
retirement pension payable to him, in terms of Regulation
basis, it was recommended that the
officer be subjected to compulsory retirement with pension benefits. The
learned counsel submitted that the impugned order was subsequently ... General
(Personnel), Mr.Hemant Desai, who issued the recommendation for
compulsory retirement with pension benefits under Note Sheet 121 which
was referred to supra
pension are :
Classes of Pension (vide Chapter V of Pension CCSP Rules TNP Rules
Rules)
(i) Superannuation pension (Rule 35) Rule 32
(ii) Retiring pension ... servant is not
17
otherwise admissible to pension, he cannot obviously be
granted pension on compulsory retirement. There is no such
grant in this case
Classes of pension and it covers superannuation
pension; pension on voluntary retirement; invalid pension compassionate
allowance, pre-mature retirement pension and compulsory retirement pension.
Regulation ... pension on voluntary retirement is -different
from computation of pension in the case of invalid pension or pre-mature
retirement pension or compulsory retirement pension
voluntary retirement or by resignation and (iii) those who are made to retire whether by dismissal, removal, compulsory retirement or premature retirement ... retirement is not eligible for earning pension and stands outside the class of pensioners, if subsequently by amendment of the relevant pension rules any beneficial
