SATISH CHANDRA SHARMA, SANJEEV NARULA
Punjab National Bank – Appellant
Versus
Sudhir Kumar Mehrotra – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. - The instant LPA has been filed challenging judgment dated 01.08.2019 passed in W.P.(C) No. 366/2019 ("Impugned Judgment"), whereby the learned Single Judge allowed the writ petition preferred by the Respondent-herein.
2. The facts in brief are that the Respondent-herein was employed with the Appellant Bank and was retired prematurely by the Competent Authority on 27.09.2004 on the basis of a review done by the Special Review Committee under Regulation 19 of Punjab National Bank (Officers) Service Regulations, 1979 ("Service Regulations"). The Appellants state that the Respondent was paid provident fund, including Bank's contribution to provident fund, and gratuity, however, was not paid pension as he had not opted for the same under the Punjab National Bank (Employees) Pension Regulations, 1995 ("Pension Regulations"). It is their case that as per the Pension Regulations, pension is payable only to those employees who opted for payment of pension in lieu of the Bank's contribution to provident fund within the stipulated period.
3. It is stated that the employees who had failed to opt for pension in lieu of Bank's contribution to provident fund in
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