ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 09-01-2024 Learned counsel for the respective parties submitted that three other Letters Patent Appeal, i.e., LPA No. 119 of 2021, LPA No. 140 of 2021 and LPA No. 175 of 2021 listed today for hearing together be heard independently. Therefore, it has been separated and order has been passed independently. Registry is also hereby directed to de-link LPA No. 119 of 2021, LPA No. 140 of 2021 and LPA No. 175 of 2021 from the present Letters Patent Appeal No. 46 of 2021.

2. The appellant-Dakshin Bihar Gramin Bank has assailed the order of the learned Single Judge dated 05.10.2020 passed in CWJC No. 12921 of 2019.

3. Respondent-Shrinath Upadhyay is stated to have been retired compulsorily on 16.01.2018 as a measure of penalty in a departmental/domestic inquiry.

4. Learned counsel for the appellant submitted that learned Single Judge has committed error in not appreciating definition in Madhya Bihar Gramin Bank (Employees) Pension Regulation, 2018 (for short 'Pension Regulation, 2018) like Regulation No. 2 (k) "effective date" means the 1st day of April, 2018; (l) "eligible employee" means an employee who is eligible for pension under these regulation(s); (g) "notified date" means the date on which these regulations are published in the official gazette; (x) "retirement" means from cessation Bank's service- (i) on attaining the age of superannuation as specified in the service regulations; (ii) on voluntary retirement in accordance with provisions contained in regulation 2018; (iii) on premature retirement by the Bank before attaining the age of superannuation in accordance with provisions contained in regulation 30; read with regulation 20-Forfeiture of Service. Regulation 20-

Forfeiture of Service reads as under:-

"20. Forfeiture of service-

(1) Resignation not amounting to voluntary retirement or dismissal or removal or termination of an employee from the service of the Bank shall entail for forfeiture of his entire past service and consequently shall not qualify for pension under these regulations.

(2) An interruption in the service of an employee entails forfeiture of his past service, except in the following cases, namely;-

(a) authorised leave of absence;

(b) suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the employee dies or is permitted to retire or is retired under the provisions of the Service Regulations while under suspension."

5. It is submitted that if the aforementioned provision are taken into consideration respondent-Shrinath Upadhyay is not entitled to have the benefit of pensionary benefit in terms of Regulation 31. It is also submitted that these Regulations cannot be given effect to in the light of provisos of Section 17 of the Regional Rural Bank Act, 1976. Section 17 reads as under:-

"17. Staff of Regional Rural Banks.-

(1) A Regional Rural Bank may appoint such number of officers and other employees as it may consider necessary or

19 desirable [in such manner as may be prescribed] for the efficient performance of its functions and may determine the terms and conditions of their appointment and service:

Provided that it shall be lawful for a Sponsor Bank, if requested so to do by a Regional Rural Bank sponsored by it, to send, [***] such number of officers or other employees on deputation to the Regional Rural Bank as may be necessary or desirable for the efficient performance of its functions: Provided further that the remuneration of officers and other employees appointed by a Regional Rural Bank shall be such as may be determined by the Central Government, and, in determining such remuneration, the Central Government shall have due regard to the salary structure of the employees of the State Government and the local authorities of comparable level and status in the notified area.

(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or any other law for the time being