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A. S. SUPEHIA, MAUNA M. BHATT
ASSOCIATE BANKS' RETIRED OFFICERS' ASSOCIATION – Appellant
Versus
STATE BANK OF INDIA – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The instant Letters Patent Appeal filed under clause 15 of the Letters Patent is directed against the judgment and order dated 18.07.2014 passed by the learned Single Judge rejecting the writ petition filed by the appellant-Associate Bank’s Retired Officers Association (in short as “Appellants)
BRIEF FACTS:
2. At the outset, it is noticed that the entire case of the appellants hinges on the judgment of the Supreme Court in the case of Bank of India & another Vs. K. Mohandas and others, (2009) 5 SCC 313.
3. The appellants were the employees of the erstwhile State Bank of Saurashtra (for short, “SBS”). On 06.02.2001, the State Bank of Saurashtra introduced a SBS Voluntary Retirement Scheme (for short, “SBSVRS”) for those employees, who had put in 15 years of service or have completed 40 years of age as on 31.01.2001, against payment of ex gratia amount of 60 days’ salary (Pay + Stagnation Increments + Special Pay of Permanent Nature + D.A.) for each completed years of service. The said SBSVRS was introduced vide Circular dated 06.02.2001 signed by the General Manager Mr. I.P. Mishra.
4. The Scheme was made open from 19.02.2001 to 10.03.2001 (inclusive of both
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.
Employees who opt for voluntary retirement under a scheme are bound by the terms of the scheme, which may exclude certain pension benefits.
In a case where the employee concerned does not have the 20 years of qualifying service in terms of Regulation 29(1), there is no question of arising any claim under Regulation 29(5).
The judgment established the distinction between resignation and voluntary retirement, upheld the disqualification of pensionary benefits in case of resignation, and emphasized that the petitioner kn....
(1) Application for voluntary retirement cannot be rejected de hors statutory regulations.(2) after voluntary retirement, there shall not be an employer-employee relationship and subsequent proceedin....
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
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.
Failure to communicate refusal of voluntary retirement application within three months results in deemed acceptance, upholding the Tribunal's award for retirement benefits.
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