G PALANI Vs. BANK OF BARODA

JUDGEMENT

(1.) THE amended prayer in this writ petition is to issue a writ of declaration or any other appropriate writ, order or direction of like nature declaring that sub-clause (c) of Clause (s) of Regulation 2 of Bank of Baroda (Employees) Pension Regulation, 1995, as amended in April, 2003, is null and void and direct the second respondent to pay the difference in Basic Pension and Additional Pension and commutation of Pension with interest at a rate to be determined by this Court, in terms of the Bank of Baroda (Employees') Pension Regulations, 1995.

(2.) THE brief facts necessary for disposal of this writ petition are as follows:

(3.) THE respondents have filed counter affidavit wherein it is stated that the revision of salary can give right to claim only for arrears of salary on the basis of enhancement and the first respondent has got every right and power to set Pension Rules as per the settlement, initially with Joint Note and subsequently by amendment. The date fixed as 1. 4. 1998 is also based on intelligible differentia as dearness allowance was increased with effect from 1. 4. 1998 and earlier the same was not the case. The said terms and conditions for enhancement of the dearness allowance was agreed to by the Unions and the petitioners have also availed the benefit arising out of the pay revision from 1. 4. 1998 and therefore the petitioners are not entitled to now contend that the amendment issued is not valid as they have impliedly accepted the terms by receiving the higher pay from 1. 4. 1998.