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 pensi