Voluntary retirement acceptance precedes entitlement to family pension based on qualifying service; firm acknowledgment of the right to pension as a constitutional right.

JUDGMENT :

V. Narasingh, J.

1. Petitioner a widow, who lost her husband 26 years ago has filed the writ Petition seeking intervention of this Court under Article-226 and 227 of the Constitution of India, for quashing Annexure-6 and 9 to the writ Petition denying her family pension and other terminal dues.

2. Heard Mr. Susant K. Dash, learned counsel for the petitioner.

3. None appeared for the opposite parties though the names of the counsel is on record.

4. This Court perused the counter affidavit filed on behalf of the Central Bank of India and its functionary opposite parties controverting the allegation in the writ Petition and seeking dismissal thereof, sworn to by the Assistant Regional Manager.

5. It is contended by the petitioner that Late Tushar Kanti Patnaik, husband of the petitioner as ex-servicemen was selected as Assistant Cashier-cum-Go down Keeper on 10^th February, 1973 to serve opposite party Bank, after he was discharged from Indian Air Force. Thereafter he got promotion to the rank of Assistant Manager scale-I during the year 1994. While continuing as such the husband of the petitioner applied for voluntary retirement due to personal reasons on 17^th February, 1998 in terms of regulation 29 of the Central Bank of India Employees (pension) Regulation 1995 (Hereinafter referred to as “Regulation 1995”) which provided for an employee to opt for voluntary retirement on completion of 20 years of service by giving notice of not less than 3 months.

6. Such request of the Petitioner’s husband was accepted by the Opposite Party number-3 as per order dated 16.3.1998, and vide Annexure-4 the petitioner’s husband was advised to be relieved from the Bank at the close of office hours on 17.5.1998. The same is extracted hereunder for convenience of ready reference:

“xxx xxx xxx

We advise that the competent authority has accepted the Notice of Voluntary Retirement given by Shri Tushar Kanti Patnaik. Emp. No.39333, Asstt. Manager, w.e.f. 17.05.1998, under Pension Regulations.

Please, therefore, relieve the member from the Bank at the close of office hours on 17.05.1998 under advice to all concerned and arrange for settlement of his terminal dues at an early date.

xxx xxx xxx”

7. As per such decision the petitioner’s husband was allowed to voluntary retire on 17.05.1998 in terms of Regulations 1995. However before pecuniary benefits could be disbursed after acceptance of voluntary retirement, as ill luck would have it, the petitioner’s husband unfortunately expired on 26.06.1998

8. Despite repeated approaches, the family pension which had accrued in her favour on account of death of her husband was not paid. She was only paid a part of Provident fund on 29^th January, 1999.

9. Opposite Party number-3 issued a letter to the petitioner on 30^th March, 1999 to be present before him with 2 recent passport size photographs for quick disposal of her claim relating to family pension. Thereafter the petitioner was further instructed to provide original death certificate as per letter dated 23^rd March, 2000. Since no follow up action was taken despite complying the requirements as per instructions the petitioner submitted a representation on 04.04.2000 with a request for early release of her pension and other terminal benefits.

10. To her surprise and dismay she was communicated with a letter dated 11.7.2000 under Annexure 6, impugned herein, by which she was intimated by the Opposite Party No. 3 that she is not entitled to family pension as her husband ha