Ashok Bhushan, J. - (1.) This appeal has been filed by the Central Bank of India challenging the judgment of the Division Bench of the Rajasthan High Court dated 09.03.2017 in the DB Civil Special Appeal No.817 of 2015 dismissing the Special Appeal filed by the appellants. The Special Appeal was filed by the appellants against the judgment of the learned Single Judge dated 28.04.2015 allowing the writ petition filed by the respondent quashing the order of the Bank dated 12.09.2001 denying to grant pro-rata pension upon opting for voluntary retirement under the Central Bank of India Employees Voluntary Retirement Scheme, 2001.
(2.) Necessary facts for deciding this appeal are: On 26.10.1995 Central Bank of India (Employees') Pension Regulations, 1995 (hereinafter referred to as "Regulations, 1995) came into force. The respondent Tara Chand opted for the pension scheme. The respondent's option for pension scheme was accepted by the Bank. A Scheme for voluntary retirement, namely, Central Bank of India Employees Voluntary Retirement Scheme, 2001(hereinafter referred to as "Scheme, 2001") was framed which was made effective from 22.02.2001 to 08.03.2001. Prior to the Scheme being made effective a circular dated 31.01.2001 was issued by the Bank by which several clarifications were issued for smooth implementation of the Scheme. The respondent submitted an application for voluntary retirement on 23.02.2001. The application for voluntary retirement of respondent was accepted by the Bank by order dated 26.03.2001. By order dated 12.09.2001, the Bank refused to grant pro-rata pension to the respondent No.1, who had opted for the voluntary retirement under the Scheme, 2001. A S.B. Civil Writ Petition No.4342 of 2001 was filed by the respondent praying for quashing the order dated 12.09.2001 and praying for a direction to the Bank to extend pensionary benefits to the respondent upon his retirement with effect from 01.04.2001. The learned Single Judge after considering the Regulations, 1995 and the Scheme, 2001 took the view that Clause 6(ii) of the Scheme, 2001 entitled the respondent to pension as per Pension Regulations, 1995. The writ petition was allowed and the order dated 12.06.2001 was set aside with direction to the Bank to extend benefits of pro-rata/proportionate pension to the respondent to the extent of his entitlement in terms of the Scheme, 2001 read with Regulations, 1995. The Bank aggrieved by the judgment of the learned Single Judge filed Special Appeal, which too had been dismissed by the Division Bench. The Division Bench took the view that the respondent who was above 40 years of age and had completed 11 years of service in the Bank was definitely entitled to opt for voluntary retirement and simultaneously claim pension under the Scheme. The Division Bench took the view that Clause 6(ii) of the Scheme, 2001 entitles the respondent to pension. The Division Bench placed reliance on the judgment of this Court in Bank of India and another Vs. K. Mohandas and others, 2009 5 SCC 313. Aggrieved against the judgment of the High Court, the Bank has come up in this appeal.
(3.) Shri Debal Banerjee, learned senior counsel, appearing for the appellant contended that as per Clause 6(ii) of the Scheme, 2001, an employee seeking voluntary retirement under the Scheme, 2001 will be eligible for pension only as per Regulations, 1995. It is submitted that eligibility to apply under the Scheme, 2001 does not ipso facto entitle an employee to receive pension. An employee is entitled for pension as per Regulations, 1995. He submits that as per Regulation 28 w.e.f. 01.09.2000, an employee is entitled for pension who opts to retire before attaining the age of superannuation, but after rendering service for a minimum period of 15 years in terms of any Scheme. He submits that the respondent having not rendered 15 years of service is not entitled for the pension and the Bank has rightly rejected it. Shri Banerjee further relied on the judgment of this Court in Bank of Baroda and others vs. Ganpat Singh Deora, 2009 3 SCC 217, Pubjab National Bank and others vs. Ram Kishan, 2014 13 SCC 485 and Regional Manager, Punjab National Bank and another vs. Dharam Pal Singh, 2014 13 SCC 484.;