Oral Order

1. A coordinate Bench of this Court in case of Birendra Kumar Vs. The Dakshin Bihar Gramin Bank (earlier known as Madhya Bihar Gramin Bank) & Ors., reported in 2020(3) PLJR 480, upon examination of various provisions of Madhya Bihar Gramin Bank (Officers & Employees) Service Regulations, 2010 (hereinafter referred to as the 'Regulations') has opined that a person having been compulsorily retired by way of punishment before the effective date of the Regulations coming into force (i.e. 2nd November, 2018) shall not be entitled for pension under the provisions of the said Regulations. Paragraphs 11 and 12 of the decision in case of Birendra Kumar (supra) read thus :

"11. The petitioner has been awarded with a major punishment of compulsory retirement dated 19.10.2016 after a full-fledged enquiry proceedings, which till date has not been interfered with by any authority. The said order of punishment compulsorily retired the petitioner much prior to the "effective date" under Regulation 31 of the 2018 Regulations. The expression "effective date" mentioned in Regulation 31 of the 2018 Regulations has been defined in Regulation 2(1) (k) of the 2018 Regulations as being the 1st da