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A. S. SUPEHIA, GITA GOPI
Meghjibhai Mohanbhai Sagar – Appellant
Versus
Manager – Respondent
JUDGMENT :
(A.S. Supehia, J.)
1. Admit. Mr. Yogen N.Pandya, learned advocate waives service of notice of admission on behalf of respondent no.1 and Ms. E.Shailaja, learned advocate waives service of notice of admission on behalf of respondent no.2. By consent, of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.
2. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent emanates from the judgment dated 29.02.2024 passed by the learned Single Judge, rejecting the writ petition filed by the appellant seeking regular pension from the respondent no.1 – Amreli Jilla Madhyasth Cooperative Bank.
3. It is the case of the appellant that he is entitled to regular pension after he reached the age of superannuation on 31.03.2004. The appellant was appointed in the year 1966 as a Steno-cum-Junior in the respondent Bank. During the intervening period, on 26.11.1999, he was terminated from services and ultimately, he succeeded before this Court and his termination was set aside by the judgment and order dated 26.12.2019 passed by the Division Bench in Letters Patent Appeal No.1174 of 2015. Thus, it appears that thereaf
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.
Employee must exercise option to join pension scheme; failure disqualifies entitlement to benefits.
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.
Voluntary retirement acceptance precedes entitlement to family pension based on qualifying service; firm acknowledgment of the right to pension as a constitutional right.
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
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....
The main legal point established in the judgment is that only regular employees in the regular roll are eligible for availing the benefit of the Pension Fund Scheme, and temporary services of consoli....
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