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2005 Supreme(Mad) 997

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
N. Venkatramani – Appellant
Versus
Indian Bank, represented. by its Chairperson and Managing Director, Central Office, Chennai and another – Respondent


Advocates:
N.S.Rajan, for Petitioner.
M.Vijayan for M/s. King and Patridge, for Respondents.

F.M.Ibrahim Kalifulla, J.: The petitioner seeks to challenge the order of the second respondent dated 22.3.2003 denying pension to the petitioner.

2. The petitioner joined the services of the first respondent bank on 24.4.1986 as a clerk-cum-Shroff after his service in the Indian Air Force as a Warrant Officer for 24 years. When the petitioner was called upon to exercise his option for pension in lieu of Contributory Provident Fund, he is stated to have opted for pension which option was also acknowledged by the bank on 15.2.1996. Subsequently, he was promoted as Officer of the Bank in Junior Management Grade, Scale-I. The bank introduced a Voluntary Retirement Scheme (in short, ‘VRS’) in 2000 which scheme contained a provision that those who opt for VRS, their provident fund and pension would be determined as per Indian Bank Voluntary Employees’ Pension Regulations, 1995 and Provident Fund Rules. The petitioner applied to go under the said scheme and he was relieved on 10.2.2001. Subsequently, the petitioner applied for pension and commutation on 12.2.2001. By proceedings dated 10.9.2001, the petitioner was informed that his application for pension and commutation cannot be consid





































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