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REKHA BORANA
Nemaram Gehlot S/o. Late Samaji Gehlot – Appellant
Versus
Punjab National Bank through its Chief Manager, PF & Pension Department – Respondent
JUDGMENT :
1. The present writ petition has been preferred against the communication dated 11.02.2011 (Annex.9) whereby the option form preferred by the petitioner to join the pension scheme has been rejected on the premise that he is not eligible to exercise another pension option.
2. The facts of the case are that the petitioner who was appointed as a regular Class IV employee with the Punjab National Bank on 31.12.1977, after completion of more than 30 years of service, on 27.11.2007, applied for resignation from the service w.e.f. 29.02.2008. Before the said application could be accepted or responded upon, vide the subsequent application dated 11.12.2007, he made a clarification that his earlier application dated 27.11.2007 be treated to be an application for voluntary retirement and not for resignation. The application dated 11.12.2007 was taken note of by the concerned Bank Manager and on the same date, the said fact was communicated to the Regional Manager. The application preferred by the petitioner was accepted by the competent authority and he therefore, stood retired w.e.f. 29.02.2008.
3. In the year 2010, a bipartite settlement was signed between the Indian Banks’ Associat
Resignation and retirement have different legal implications, and the scope of a pension scheme may not extend to resigned employees.
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....
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.
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....
The entitlement to pension benefits under the Pension Regulations and related circulars extends to all eligible employees, irrespective of the type of retirement.
The court upheld the principle that when a specific manner of action is prescribed, it must be followed, and failure to do so can invalidate subsequent actions. The entitlement of employees to opt fo....
Employment and Service matter – Bank – Rejection of retirement benefits - Rejection of proposal of petitioner and not allowing him to deposit retiral benefits within stipulated time is not legally pe....
(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....
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