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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE
Usha Ravi – Appellant
Versus
Bank of Baroda, through its Managing Director & Chief Executive Officer, Mumbai – Respondent
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The question posed in all these cases is, whether the deputation allowance drawn by an Employee, at the time of his superannuation, could be reckoned with for the purpose of calculating the pension and retirement benefits?
3. The common factor in all these cases is that each of these Petitioners was on deputation with a particular bank (commonly referred to as the ‘Loanee Bank’) until their dates of superannuation. It is the contention of the Petitioners that as they received 15% extra salary on account of being on deputation with the Loanee Bank and as P.F. contributions were deducted on such deputation allowance, the pension should be fixed on the basis of the additional emoluments, since portion of the provident fund deduction was deposited by the Parent Bank (also known as the ‘Lending Bank’) in the pension account of each Petitioner.
4. In each case, the Government of India, Ministry of Finance had published an advertisement inviting applications for the post of Central Vigilance Officer (CVO) in Public Sector Banks, Financial Institutions, Insurance Companie
Pension calculations for deputationists must exclude deputation allowances, relying solely on average emoluments from the parent bank as per applicable regulations.
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
Deputation does not confer permanent employment rights; employees revert to their parent department after the deputation period, maintaining their lien.
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