Back
PRASHANT KUMAR MISHRA, N. V. ANJARIA
K. G. Seshadri – Appellant
Versus
Trustees Of State Bank Of India – Respondent
Key Points: - The appellant's eligibility for pension under Rule 22(i)(c) requires 20 years of pensionable service irrespective of age; pleaded 20 years 3 months but record shows confirmed service plus voluntary abandonment, totaling less than 20 years for pension purposes. (!) (!) (!) - The case distinguishes between voluntary retirement and voluntary abandonment; pension under Rule 22(i)(c) is not applicable where abandonment occurred rather than retirement. (!) (!) (!) - The appellant cannot qualify under Rule 22(i)(a) since he did not complete 20 years of service nor attain age 50 at cessation; thus ineligible for pension under Rule 22(i)(a). (!) (!) (!) - The Labour Court/High Court lacked jurisdiction to grant pension under Section 33C(2) because pension rights were disputed and not pre-existing; Supreme Court proceeds on merits. (!) (!) (!) - The Pension Fund Rules define the required conditions and calculation of pensionable service, including eligibility and computation starting from confirmed service; the appellant’s service period falls short. (!) (!) (!) - The decision dismisses the appeal for pension benefits as the appellant does not meet either Rule 22(i)(c) or Rule 22(i)(a). (!)
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. Leave granted.
2. This Appeal is directed against the impugned judgment and order dated 27.04.2022 passed by the High Court of Judicature at Madras in W.A No.1065 of 2022, whereby the Division Bench of the High Court dismissed the appeal filed by the appellant and upheld the order passed by the learned Single Judge of the High Court.
FACTUAL MATRIX
3. The appellant was appointed as a Clerk in the respondent-Bank and the same was confirmed after the probation period of six months i.e., from 17.02.1979 till 12.12.1998. The appellant ceased to be in the job and left for abroad in the year 1989. After returning in the year 2004, he gave a letter to rejoin the service. However, the respondent-Bank turned down the said request and, vide letter dated 21.07.2008, the respondent-Bank declared that the appellant has been voluntarily retired.
4. Aggrieved by the aforesaid letter dated 21.07.2008, the appellant filed a writ petition being W.P. No.19002 of 2008 before the High Court of Judicature at Madras. On 21.04.2009, the High Court orally directed the appellant to withdraw the case and approach the Labour Court.
5. Pursuant to the direction of the High Cou
(1) Pension – Entitlement to get pension must be fulfilled by concerned employee.(2) Voluntary abandonment of service is distinct from voluntary retirement.
Eligibility for pension is determined from the date of confirmation in service, excluding probation; unexplained delay in claims bars entitlement according to established legal precedents.
Failure to communicate refusal of voluntary retirement application within three months results in deemed acceptance, upholding the Tribunal's award for retirement benefits.
The main legal point established in the judgment is that the period of probationary service should be included in the qualifying service for pension entitlement under the SBI VRS, and the exclusion o....
The judgment established the distinction between resignation and voluntary retirement, upheld the disqualification of pensionary benefits in case of resignation, and emphasized that the petitioner kn....
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
The court emphasized the importance of timely redressal of grievances and the plain and unambiguous interpretation of statutory provisions.
Validity of voluntary retirement and entitlement to pension benefits under A.P. Revised Pension Rules, 1980.
Pension entitlement is protected under law for personnel with over ten years of service, regardless of subsequent resignations, provided statutory rules for retirement were adhered to.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
