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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
UCO Bank – Appellant
Versus
Nagendra Lal Choudhury, Son Of Late Dr. Jogendra Mohan Choudhury – Respondent
| Table of Content |
|---|
| 1. introduction to the appeal and background facts. (Para 1 , 2 , 3) |
| 2. arguments regarding pension entitlement post removal. (Para 4 , 5 , 6 , 9 , 10 , 11) |
| 3. support for respondent’s position based on case law. (Para 12 , 13 , 14 , 18) |
| 4. interpretation of regulations concerning pension. (Para 16 , 17 , 19 , 22 , 23) |
| 5. emphasis on harmonious interpretation of provisions. (Para 20 , 21 , 29 , 31) |
| 6. final decision and directions to comply. (Para 32 , 33 , 34) |
Judgment :
Arun Dev Choudhury, J.
1. The present intra-Court appeal is directed against the judgment and order dated 03.06.2025, passed by the learned Single Judge in WP(C) No.6360/2016, whereby the writ petition filed by the respondent was allowed, and the appellant bank was directed to release the retirement (terminal) benefits to the writ petitioner.
2. The brief facts are that the respondent was initially appointed as a Clerk at UCO Bank in 1971 and he was subsequently promoted to the Officer cadre.
3. In 2008, pursuant to a disciplinary proceeding, the respondent was removed from service by order dated 28.03.2008. Initially, he approached this Court by filing WP(C) No. 4798/2008 and the same was disposed of on 07.
Removal from service does not automatically forfeit pensionary benefits if the employee meets the qualifying service, emphasizing a harmonious interpretation of disciplinary and pension regulations.
Disciplinary removal does not forfeit pension entitlement due to regulatory amendments; dual punishment is against principles of fairness.
An employee removed from service is entitled to pension and terminal benefits if eligible under the rules, despite conflicting provisions in the Bipartite Settlement.
(1) Workman would be entitled to receive terminal benefits for the period of service he had rendered.(2) Punishment – Modified penalty as imposed by Appellate Authority will attain finality if it is ....
(1) Disciplinary Proceedings – If extant service Rules/Regulations permit continuance of disciplinary proceedings, initiated against an officer/ employee before he had attained age of superannuation,....
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