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AJAY KUMAR GUPTA
Namita Das – Appellant
Versus
Bangiya Gramin Vikash Bank – Respondent
JUDGMENT :
Ajay Kumar Gupta, J:
1. The writ petitioners are retired employees of Bangiya Gramin Vikash Bank and they have been superannuated from service on attaining the age of 60 years and allowed to get their superannuation pension on and from 01.04.2018 instead of on and from the next date of their retirements on superannuation as such they have filed this writ petition jointly as the reliefs, sought for, are similar in nature and common question of law is involved.
2. It is the case of the writ petitioners that they have been paid 2/3rd part of their Basic Pension plus DA applicable to it on and from 1st April, 2018 instead of their full Basic Pension as mentioned in the PPOs (without date), issued by the authority concerned i.e. Bangiya Gramin Vikash Bank (Employees’) Pension Fund Trust (i.e. BGVBEPF-Trust) in favour of the writ petitioners. It is settled principles of law declared by the Hon’ble Supreme Court about the parity in the pay, allowance and other benefits of the employees of Regional Rural Banks (in short RRBs) at par with the employees of sponsor banks. It would also include pensionary benefits as well. It is the contention of the writ petitioners that the employees
The court established that pension regulations set by Bangiya Gramin Vikash Bank are binding and effective from the notified date, not from the retirement date, aligning with the principles of parity....
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
Sympathies cannot override the Rules and Regulations.
Cutoff date for pension upon switch from provident fund, denying pre-cutoff arrears, is not arbitrary or discriminatory due to prior opt-out opportunities, financial burden, and scheme as policy pack....
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