A.P. Sahi, J. - (1.) THE petitioner after retiring from the armed forces on 1st of November, 1983 was appointed on 4th of November, 1986 as an Armed Guard in the respondent -Oriental Bank of Commerce and was posted at one of the Branches of the bank in District Ghaziabad. The petitioner has challenged the order dated 12th December, 2008 communicated to him by the bank refusing to extend him the benefit of pension which the petitioner claims entitlement to under the Oriental Bank of Commerce Employees Pension Regulations, 1995.
(2.) IT is undisputed that the petitioner joined his duties in the service of the bank in the year 1986 on 10.11.1986. The bank came up with a voluntary retirement scheme, a copy of where has been appended as Annexure -1 promulgated on 10th of November, 2000. The petitioner had not completed 15 years of service but was above 40 years of age, therefore, he moved an application as being eligible for seeking voluntary retirement. The petitioner was voluntarily retired on his request which was accepted w.e.f. 15th of January, 2001. A copy of the said letter is Annexure -2 to the petition. Having voluntarily retired the petitioner further claimed pensionary benefits as per the 1995 Regulations which was also provided for in the said scheme. This scheme was made on the strength of the then existing Regulation 28 which had not been amended on the date when the voluntary retirement scheme had been enforced. The said Regulation provided for superannuation pension and Regulation 14 of the said Regulations provided for a minimum of 10 years of service as the qualifying period for grant of pension. Since the petitioner was earlier in military service, therefore, it needs to be classified that he was not entitled for counting his services in the military for the purpose of qualifying years of service as per Regulation 24 thereof. Chapter V of the Regulations contains the following categories of pensionary benefits. (a) Superannuation Pension (Regulation 28) (b) Pension on Voluntary Retirement (Regulation 29) (C) Invalid Pension (Regulation 30) (d) Compassionate Allowance (Regulation 31) (e) Premature Retirement Pension (Regulation 32) (f) Compulsory Retirement Pension (Regulation 33). The prayer of the petitioner for grant of pension was rejected vide order dated 9th of August, 2001 which was challenged by the petitioner in writ petition No. 35798 of 2001. The said writ petition after contest was allowed on 27th February, 2007 holding that the proposal of the bank through the circular dated 15.12.2000 for amending Regulation 28 of the 1995 Regulations was a mere proposal which cannot take away the right of the petitioner to avail pension under the then existing Regulation 28 and, therefore, the relief prayed for was granted. It was further found as a matter of fact as follows: Neither in the circular nor in the counter affidavit there is any recital that the qualifying services for the purpose of retirement has been suitably amended in pursuance thereof....
(3.) THE bank preferred special appeal No. 895 of 2007 before the Division Bench. The Division Bench came to the conclusion that the retiral benefits to the petitioner would be available in accordance with 1995 Regulations. It was, however, held in the said judgment that Regulation 28 had already been amended on 26th of January, 2002 through a gazette notification and the proviso which was added to Regulation 28 was made applicable w.e.f. 1st of September, 2000. In view of the specific provision which was incorporated in Regulation 28, the petitioner did not qualify for the grant of pension as he had not completed a minimum period of 15 years on the date of his voluntary retirement. The amended Regulation 28 is quoted below: 28. Superannuation Pension Superannuation Pension shall be granted to an employee who has retired on his attaining the age of superannuation specified in the Service Regulation or Settlements. Provided that, with effect from 1st September, 2000 pension shall also be granted to an employee 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 that may be framed for such purpose by the Board with the approval of the Government.;