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SUDHANSHU DHULIA, SOUMITRA SAIKIA
Archana Bhattacharjee, Wife Of : Biraj Bhattacharjee – Appellant
Versus
Bank of Baroda – Respondent
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 fo
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....
Resignation and retirement have different legal implications, and the scope of a pension scheme may not extend to resigned employees.
Approaching the court with clean hands and disclosing all material facts is essential for seeking equitable relief.
Resignation entails forfeiture of past service, making the employee ineligible for pensionary benefits.
The main legal point established in the judgment is that the distinction between voluntary retirement and resignation, as well as the forfeiture clause under the Indian Overseas Bank (Employees') Pen....
(1) Resignation and Voluntary Retirement are different – Employees resigning from service and employees retiring from service voluntarily constitute two different classes – Treating two classes diffe....
Resignation and voluntary retirement are distinct; an employee who resigns after a pension scheme's applicability cannot claim its 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.
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