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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

Advocates Appeared:
For the Appellant : Mr. Anand B. Gogia, and Mr. B.B. Gogia, Mr. R.B. Gogia, Advs.
For the Respondent:Mr. Kirit J. Macwan, Advocate.

JUDGMENT :

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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