JUDGMENT

S.B. SINHA, J. —

1.Leave granted.

2.Meaning of the term “broken period” for the purpose of grant of pension while implementing a voluntary retirement scheme is the question involved herein.

3.Respondent was working with the appellant Bank. The terms and conditions of grant of pension to the employees of the Bank are governed by the Indian Bank Employee’s Pension Regulation 1995 (for short “the Regulation”); Regulation 28 whereof, as amended with effect from 8.06.2002, reads as under:

“28.Superannuation Pension :

Superannuation pension shall be granted to an employee who has retired on his attaining the age of superannuation specified in the Service Regulations or Settlements.

Provided that, with effect from 1st day of September, 2000 pension shall also be granted to an employee who opts to retire before attaining the age of superannuation, but after rendering service for a minimum period of 15 years in terms of any Scheme that may be framed for such purpose by the Board with the approval of the Government.”

4.A voluntary retirement scheme was floated by the bank on 9.11.2000. Respondent requested for his voluntary retirement. It was accepted by an order dated 10.02.2001. By then,