Point of Law : In service jurisprudence, the expressions “superannuation”, “voluntary retirement”, “compulsory retirement” and “resignation” convey different connotations. Voluntary retirement and resignation involve voluntary acts on the part of the employee to leave service.

JUDGMENT :

Soumitra Saikia, J

1. The writ petitioner had resigned from her service as an employee of the Bank of Baroda, Dimapur Branch. The Bank authorities did not release her pensionary and other retrial benefits. Aggrieved she filed the writ petition before this Court seeking directions for quashing of the orders issued by the Bank of Baroda rejecting her prayer for release/grant of pensionary benefits and a further direction to the respondent-Bank of Baroda authorities to finalize the pension and other benefits admissible under law from the date of her release from service and thereafter grant the same to the petitioner. The writ petition was dismissed by the learned Single Judge on the grounds and reasons mentioned in the impugned order. Being aggrieved, the present writ appeal has been filed assailing the Judgment and Order of the learned Single Judge dismissing the writ petition of the appellant/writ petition.

2. The writ petitioner was appointed as a Clerk-cum-Typist in the Bank of Baroda, Dimapur Branch vide order dated 21.10.1992. Petitioner joined her service on 27.10.1992. Sometime from the month of November, 2011, the petitioner suffered illness and accordingly prayed for Medical Leave. She was referred to a Medical Board, who granted her one month Medical Leave with effect from 12.11.2011. Thereafter, petitioner rejoined her duties, but she again fell ill and applied for Medical Leave. The prayer for Medical Leave was however not granted and instead the petitioner was advised to work in the cash department. Meanwhile, the health of the petitioner deteriorated making it difficult for her to attend to her duties in the cash counter. Her repeated requests for permitting her to carry on her duties anywhere except the cash counter was not acceded to. Under these circumstances, the petitioner submitted her application for resignation from the Bank on medical grounds on 12.01.2012, which was accepted by the Bank with effect from 28.03.2012. The petitioner was released from service with effect from 28.03.2012.

3. The petitioner having not been granted her pension in view of her resignation approached this Court by filing the writ petition. It was urged by the petitioner that she had rendered 19 years 6 months of service and therefore she should have been allowed an invalid pension as her resignation was on the medical grounds. In the alternative, it was submitted that for an employee to go on voluntary retirement, the qualifying service period is 20 (twenty) years. Therefore, the case of the petitioner ought to have been considered sympathetically as she was short of 6 (six) months of the qualifying service for voluntarily retirement along with pension under Regulation 30 of the Bank of Baroda (Employees’) Pension, Regulations, 1995, (herein after referred to as Regulation of 1995). It was urged that under Regulation 14 of the 1995 Regulation, an employee who has rendered a minimum of 10 years of service in the Bank is eligible for pension. It is submitted that since under the Regulations the appellant was eligible for pension, her application ought to have been considered for grant of pension.

4. Learned counsel for the appellants submits that the circumstances under which the appellant submitted her resignation ought not to be taken as resignation per se. The attending circumstances which preceded her submission of the letter for resignation when taken into account, the only conclusion will be that it was in the nature of a voluntarily retirement.

5. The respondent/Bank disputed the contentions of the petitioner. It was submitted that Regulation 14 of the 1995 Regulation is not applicable as the resignation was submitted on the basis of Medical certificates, which were for the periods 13.12.1993 to 02.11.2009 although the petitioner submitted her resignation on 12.01.2012. There was no medical emergency because of which the petitioner had to resign.

6. It is also submitted that as per the Attendance Register, petitioner was