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2005 Supreme(Guj) 590

R.M.DOSHIT
JAYANT NICHHABHAI DESAI – Appellant
Versus
UCO BANK – Respondent


Advocates Appeared: DARSHAN M.PARIKH, MAHESH THAKAR

( 1 ) THE petitioner, a former employee of the UCO Bank, the respondent herein [hereinafter referred to as, "the Bank"], claims a right to receive pension under the UCO Bank [employees] Pension Regulations, 1995 [hereinafter referred to as, "the Pension Regulations"]. It is the claim of the petitioner that on 16th March, 1994, he retired from service of the Bank after putting in thirty four years of service. Under the Pension Regulations the entire service of the petitioner was pensionable service. Nevertheless, the Bank has refused to pay pension to the petitioner. Feeling aggrieved, the petitioner has preferred the present petition.

( 2 ) DR. Thakar has relied upon the application for voluntary retirement made by the petitioner on 16th March, 1994. He has submitted that at the relevant time, the Pension Regulations of 1993 were in force. Relying upon the said Pension Regulations, the petitioner applied for voluntary retirement on 16th March, 1994 with immediate effect. Dr. Thakar has submitted that on reaching the age of superannuation, the petitioner would have retired from service in the month of November, 1995. However, as the petitioner had recently lost his wife and he had a










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