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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
The General Manager (Personal) Vijaya Bank – Appellant
Versus
V.T. Radhakrishnan, S/o. Late Velayudhan Nair – Respondent
JUDGMENT :
Muralee Krishna, J.
1. This is an intra-court appeal filed under Section 5(i) of the Kerala High Court Act, 1958, by the respondents in W.P.(C)No.20291 of 2011 challenging the judgment dated 02.02.2015 passed by the learned Single Judge, whereby the writ petition filed by the respondent herein was allowed directing the 2nd appellant Bank to admit the respondent as a member of the Pension Scheme and disburse consequential benefits to him with effect from 27.04.2010. The respondent was further directed to refund the entire amount as contemplated under Ext.P5 to the Bank within six weeks.
2. The writ petition was one filed by the respondent herein under Article 226 of the Constitution of India seeking the following reliefs:
“i) to issue a writ of Certiorari, calling for the records leading upto Exhibit P11 and quash Exhibit P7 and P11.
ii) to issue declarations as follows:-
(a) Though petitioner used the word 'resignation' in Exhibit P2 request to relieve from the service due to health reason, the nature of the request is definitely seeking permission' from the Bank authorities to relieve him from the duty which is in effect, a case of Voluntary Retirement. Hence turning down the
Resignation and voluntary retirement are distinct; an employee who resigns after a pension scheme's applicability cannot claim its benefits.
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
(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....
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....
An employee if has attained the age of 50 years and has spent 20 years of service, he would be entitled to seek voluntary retirement and so consequential 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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