H.L.GOKHALE, J. - (1.) HEARD Mr. Tarun Verma, counsel for the appellants in support of this appeal and Mr. K.C. Shukla for the respondent.
(2.) THIS appeal seeks to challenge the judgment and order dated 4th January, 2007 passed by learned Single Judge whereby the learned Single Judge allowed the petition filed by the respondent. The short facts raised in the petition are that the respondent was appointed in the Punjab National Bank on 8th August, 1986 on the post of Clerk-cum-Cashier. The date of birth of the respondent is 5th October, 1943. At the time when he joined the service and subsequently at all material times, the pensionary benefit of the respondent was governed by the Punjab National Bank (Employees') Pension Regulations, 1995 (hereinafter referred to as the Regulations). Regulation 14 deals with qualifying service to become eligible to receive the pension and it reads as follows:- "14. Qualifying Service Subject to the other conditions contained in these regulations, an employee who has rendered a minimum or ten years of service in the bank on the date of his retirement or the date on which he is deemed to have retired shall qualify for pension."
(3.) IN these Regulations there are different classes of pension provided under Chapter V. Regulations 28 and 29 are relevant for our purpose. Regulation 28 provides for ''Superannuation Pension' and Regulation 29 provides for ''Pension on Voluntary Retirement'. Regulation 28 and Regulation 29 (1) read as follow:- "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 Regulations or Settlements. 29. Pension on Voluntary Retirement (1) On or after the Ist day of Novermber, 1993, at any time after an employee has completed twenty years of qualifying service he may, by giving notice of not less than three months in writing to the appointing authority retire from service. Provided that........... Provided that .......... Provided that.........." Thus as per the Regulations, as it stood at the relevant time, voluntary retirement was available only after completing 20 years of service.;