IN THE HIGH COURT OF GUJARAT
J.B. Pardiwala, J.
Jayshreeben Krishnalal Somani - Appellant
Vs.
Central Bank Of India - Respondent
Special Civil Application No. 10854 of 2003 With Special Civil Application No. 10855 of 2003 With Special Civil Application No. 10856 of 2003 With Special Civil Application No. 10857 of 2003 With Special Civil Application No. 10860 of 2003 With Special Civil Application No. 8934 of 2013 With Special Civil Application No. 4958 of 2003
Decided On : 07-11-2016
J.B. Pardiwala, J.
Since the issues raised in all the captioned writ-applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.
2. The writ-applicants before me are all former employees of the respective Nationalized Banks. The issue raised in all the writ applications is one relating to the claim to receive pension. The case of the writ-applicants is that since they all had put in the minimum qualifying years of service, they are entitled to receive pension, whereas, the case of the respective banks is that the writ-applicants had resigned from service and therefore, are not entitled to receive pension in accordance with the Pension Regulations.
3. The learned counsel appearing for the respective writ-applicants have provided the necessary details and information as regards each of the writ-applicants for the convenience of this Court.
4. So far as the Special Civil Applications Nos.10855 of 2003; 10857 of 2003 and 8934 of 2013 are concerned, the details are as under:-
SCA No. 10855/2003
SCA No. 10855/2003
SCA No. 10857/2003
SCA No. 8934/2013
Mr. H.S. Chhapia Dena Bank
Mr. K.I. Oza Dena Bank
Mr. C.L. Bhimani IOB
Mr. S.M. Dave Central Bank
Date of Birth
06/10/50
07/06/40
03/01/44
01/12/46
Appointed on
11/03/70
15/06/1959
21/08/1968
11/10/71
Applied for Retirement/Resignation
29/02/1992
19/06/1986
15/06/1989
12/10/1991 & 28/02/1992
Relieved on Completed service of
28/05/1992 22 years
19/06/1986 27 years
15/09/1989 21 years
01/03/92 20 years
Applied for Pension
03/05/94
18/07/1994
15/02/1994
Denied the Pension on
20/06/1996 & 26/02/1997
23/01/2001
08/04/1995 & 28/07/2000
02/08/1994 30/03/1995
Additional Information
Conditional Resignation- For Benefits of Retirement.? Bank Sent for Medical Examination Required for Retired Officers
Bank had sent Required Forms for Exercising the Option for Pension (28.07.1994)
Frequently Requested the Bank to send forms for pension Opetion.
5. The details as regards the Special Civil Application No.10854 of 2003 is concerned, the same are as under:-
1
Name & Address
Miss Jayshreeben Krishnalal Somani Parekh Building, B/h. Telegraph Office Near Jubli Garden Rajkot - 360 001
2
Date of Birth
01/10/49
3
Date of Joining Service in Bank & Designation
25.11.1969 At Central Bank of India, Rajkot Main Branch at Typist-Clerk
4
Date of Resignation
13.08.1993 from Central Bank of India, Rajkot Main Branch as Typist-Clerk
5
Notice Period Given
One month Salary deducted by the Bank in lieu of Notice.
6. The details as regards the Special Civil Application No.10856 of 2003 is concerned, the same are as under:-
Name of the Petitioner
Date of Appointment
Date of Resignation
Date of Option
Date of Rejection
Years of Service
Hasmukh R. Pavagadhi
06/11/54
30/09/1989
-
27/11/1995
34
Adityakumar Jain
25/05/1974
30/01/1995
25/06/1996
03/07/96
20
Harshadri N. Trivedi
05/07/54
23/05/1989
27/11/1995
34
7. The details as regards the Special Civil Application No.10860 of 2003 is concerned, the same are as under:-
Name of the Petitioner
Date of Appointment
Date of Resignation
Date of Option
Date of Rejection
Years of Service
Bhupatrai D. Shah
15/05/1961
15/01/1988
18/07/1994
26/10/1994
26
8. The learned counsel appearing for the respective writ-applicants vehemently submitted that the Regulation No.22 of the Pension Regulations, 1995 stipulates that the "resignation or dismissal or removal or termination of an employee from service of the Bank shall entail forfeiture of his entire past service and consequently, sha
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