NEELA ARUN MOHILE Vs. VIJAYA BANK MUMBAI

JUDGEMENT

(1.) By this petition, the petitioners seek a direction to the respondent to give them the benefit of increase of five years in their respective qualifying service for fixation of the Pension in terms of Regulation No. 29 of the Vijaya Bank (Employees) Pension Regulations, 1995, hereinafter referred to as "the Pension Regulations, 1995".

(2.) It is not in dispute that the petitioners herein had applied for voluntary retirement under the Voluntary Retirement Scheme framed by the said Bank. The petitioners received monetary benefits under the said scheme and subsequently has challenged the decision of the Bank in not giving them benefit of five years under Regulation 29 of the Pension Regulations, 1995. It is required to be noted that the petitioners have been informed by letter dated 30th December, 2000 (a copy of which is annexed at Exhibit-A to the petition), that the applications submitted for voluntary retirement under the Voluntary Retirement Scheme had been accepted by the competent authority and that the petitioners had been relieved from the services of the Bank at the close of office hours today, subject to clause 11.7.0 of the Vijaya Bank (Employees) Voluntary Retirement Scheme, 2000. This fact was communicated to the petitioners vide H.O. Circular No. 231/2000 dated 23rd November, 2000. The petitioners were also informed that their applications were considered under the Voluntary Retirement Scheme of 2000, and that they are not eligible for addition of five years/remainder of service whichever was lower for the purpose of determining pension as well as commutation of pension as available under Regulation 29 of the Pension Regulations, 1995. It is not in dispute that subsequently the petitioners had taken the benefit under the said scheme and the payment had admittedly been received by the petitioners under the voluntary retirement scheme somewhere in 2001.

(3.) Mr. Vaze, learned counsel for the petitioners has submitted that as per clause 7 of the Vijaya Bank (Employees) Voluntary Retirement Scheme, 2000 (hereinafter "the scheme of 2000"), the petitioners were also entitled to have benefit of Regulation 29 of the Regulations, 1995. The petitioners have already completed 20 years of qualifying service on the relevant day when the VRS was floated. Clause 7 of the scheme of 2000 reads as under :