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A. S. SUPEHIA, MAUNA M. BHATT
UNION BANK OF INDIA – Appellant
Versus
DEVENDRAKUMAR D. PARMAR – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Admit. Learned advocate Mr. Aakash Modi waives service of admission on behalf of the respondent No. 1-employee.
2. With the consent of the learned advocates appearing for the respective parties, the present appeal is taken up for final disposal today.
3. The present Letters Patent Appeal under Clause 15 of the Letters Patent, 1865, emanates from the CAV Judgment dated 22.12.2023, wherein the learned Single Judge has allowed the writ petition and has held that the petitioner is entitled to exercise pension option under the Circular No. 5690 dated 27.08.2010.
4. The facts, as recorded by the learned Single Judge in the CAV Judgment dated 22.12.2023, are not in dispute.
5. Pursuant to the advertisement and after undergoing the prescribed recruitment process, the original petitioner was selected and appointed as Clerk-cum-Cashier by the appellant-Bank. The respondent joined his duty with the Bank on 14.05.1974. He rendered his services till March 2005, when he was relieved from his services on his rendering voluntary retirement on medical ground. At the time of retirement, the respondent was working on the post of Officer Scale-I (Assistant Manager) with the ap
Employees retiring on medical grounds are entitled to pension options under applicable circulars, provided they have completed the requisite service and did not voluntarily resign.
The entitlement to pension benefits under the Pension Regulations and related circulars extends to all eligible employees, irrespective of the type of retirement.
Failure to communicate refusal of voluntary retirement application within three months results in deemed acceptance, upholding the Tribunal's award for retirement benefits.
Employment and Service matter – Bank – Rejection of retirement benefits - Rejection of proposal of petitioner and not allowing him to deposit retiral benefits within stipulated time is not legally pe....
(1) Pension – Entitlement to get pension must be fulfilled by concerned employee.(2) Voluntary abandonment of service is distinct from voluntary retirement.
The main legal point established in the judgment is the interpretation of pension scheme circulars and regulations, emphasizing the eligibility criteria and the impact of pending applications on enti....
An employee must opt for the Family Pension Scheme within the statutory period to be eligible for benefits under the Employees’ Pension Scheme; failure to do so negates any claim for pension.
Employees opting for a Voluntary Retirement Scheme cannot claim additional benefits under pension regulations if they do not meet the eligibility criteria specified in those regulations.
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