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Gujarat High Court · body

2005 DIGILAW 62 (GUJ)

V. K. PATEL v. UNION BANK OF INDIA

2005-02-07

J.N.BHATT

body2005
J. N. BHATT, J. ( 1 ) THE only question, which is raised in this petition under Article 226 of the Constitution of India, is as to whether a person leaving the employment upon voluntary resignation could claim pension and other retiral benefits or not. ( 2 ) PETITIONER joined the services of the Respondent-Bank as Officer Grade-II on 17/11/1975 and he has served for more than 17 years. He was a Branch Manager and despite his resignation on 18/5/1993, the regulation for pension scheme for the respondent-staff of the Bank came to be introduced which is called as "union Bank of India Employees (Pension) Regulation, 1993". The Bank employees who have retired on or after 1/1/1986 but before 1st November, 1993 were asked to fill-up the option forms. The petitioner had also filled-up option form and sent to the Respondent-Bank. However, the Respondent-Bank by writing a letter dated 29/10/1994 informed the petitioner that he is not entitled to pension in terms of the Pension Regulation, 1993 as he has voluntarily resigned from the service. ( 3 ) THE learned Advocates appearing for the parties have offered their submissions in support of the rival versions. The entire relevant record is also examined. It is an admitted proposition that, under the relevant regulation applicable to the employees of the Bank a person who has resigned from the service of the Bank irrespective of the span or length of service is not entitled to claim pension. ( 4 ) REGULATION 22 of the Pension Regulation applicable to the employees of the Bank provides that, in the event of resignation, dismissal, removal or termination of services will entail forfeiture of the entire past service of the concerned employee. Obviously, therefore, the employee or officer who has resigned voluntarily cannot claim eligibility or entitlement for the pension. ( 5 ) THE view that the person who has resigned will not be eligible and qualify to claim pension is also very much reinforced by the decision of the Honble Apex Court in UCO Bank and Ors. vs. Sanwar Mal (2004) 4 SCC 412 . The said decision is squarely attracted to the facts of the present petition. It has been clearly held, that voluntary retirement is a event which is recovered by Regulation 22. ( 6 ) THE word "resignation" and "retirement" carry different meanings in common parlance. vs. Sanwar Mal (2004) 4 SCC 412 . The said decision is squarely attracted to the facts of the present petition. It has been clearly held, that voluntary retirement is a event which is recovered by Regulation 22. ( 6 ) THE word "resignation" and "retirement" carry different meanings in common parlance. The pension scheme under the said regulation of the Respondent-Bank, also clearly prescribed, that such a person leaving the employment by voluntary retirement not qualified for pension scheme of the Respondent-Bank. Regulation 22 is held to be not in the nature of the penalty, which only disentitles only the employee who has resigned from the service from becoming a Member of the fund of the Pension Scheme. Such employees have received their retiral benefits earlier. The Pension Scheme under the Regulation only provides for a second retiral benefit. The Pension Scheme only provides for an avenue for the investment to the retirees. They are provided avenue to put in their savings and as a term or condition which is more in the nature of the eligibility criterion, the scheme disentitles the category of employees who are out of it. ( 7 ) SIMILAR proposition is expounded in Reserve Bank of India and Anr vs. Cecil Dennis Solomon and Anr. 2004 (9) SCC 461 . ( 8 ) AFTER having taken into consideration the settled proposition of law and the aforesaid decisions of the Honble Apex Court coupled with the admitted facts about shivering the relationship of master and servant by tendering of voluntary resignation and acceptance by Respondent-Bank, the petitioner is not entitled to Pension Scheme as claimed in this petition. In the result, the petition is required to be rejected accordingly. It shall stand rejected. Notice discharged. No costs. .