SUDHIR AGARWAL, J. - (1.) ORIENTAL Bank of Commerce (hereinafter referred to as the "Bank") through its Managing Director and others has come up in this intra-Court appeal under Chapter VIII Rule 5 of the Rules of the Court aggrieved by the judgment dated 27.2.2007 of Hon'ble Single Judge whereby the Hon'ble Single Judge has allowed the Writ Petition No. 35798 of 2001 of petitioner-respondent (hereinafter referred to as the "petitioner") quashing the order dated 9.8.2001 impugned in the writ petition and has directed the appellants to pay pension alongwith arrears to the petitioner within a period of two months from date of submission of certified copy of the order.
(2.) THE facts in brief giving rise to the present dispute are as under: The petitioner was working as Security Guard at Ukhralsi Branch, Murad Nagar, District Ghaziabad. Prior to his employment in the Bank, he had worked in Indian Military and after completion of about 22 years of service retired on 1.11.1983. By letter of appointment dated 4.11.1986 issued by the Assistant General Manager, Oriental Bank of Commerce, Meerut the petitioner was appointed as Armed Guard in the pay scale of Rs. 430-790. A copy of the appointment letter is Annexure-2 to the writ petition. The petitioner was engaged initially on probation of six months. As per the regulations of the Bank the petitioner's service rendered in Army was not liable to be counted as qualifying service. The rules also provide that if a person has rendered military service before his appointment in Bank, he would continue to draw military pension, if any. The Bank promulgated a scheme known as "Oriental Bank of Commerce Employees Voluntary Retirement Scheme, 2000" (hereinafter referred to as "VRS 2000") circulated vide Bank's letter dated 10.11.2000. The petitioner sought for voluntary retirement under the aforesaid scheme which was accepted and allowed vide letter dated 15.1.2001 (Annexure-5 to the writ petition). The petitioner was accordingly paid ex-gratia salary, gratuity and leave encashment but no amount of pension was paid on the ground that he was not entitled for pension having not completed minimum 15 years of service in the Bank. The representation of the petitioner claiming pension was rejected by the Deputy General Manager, Regional Office, Ghaziabad vide order dated 9.8.2001, as communicated vide his letter dated 11.8.2001 by the Branch Manager of the Bank where the petitioner was working. Aggrieved, the petitioner filed Writ Petition No. 35798 of 2001 which has been allowed by learned Single Judge. Hence this appeal.
(3.) IT is contended on behalf of appellant that pension could have been admissible to the petitioner only if he would have been entitled therefore under Oriental Bank of Commerce (Employees) Pension Regulations, 1995 (hereinafter referred to as the" 1995 Regulations") as amended up to 26.1.2002 whereby the petitioner could have been entitled for pension only if he would have served the Bank for a minimum period of 15 years which did not include service rendered in the Army. It is said that since the petitioner was appointed in the Bank vide appointment letter dated 4.11.1986 and he was allowed voluntary retirement w.e.f. 15.1.2001, therefore, having worked for less than 15 years in Bank the petitioner was not entitled for pension. It is contended that the Hon'ble Single Judge has not appreciated the provisions of VRS 2000 as well as the relevant regulations providing for pension and, therefore, the impugned judgment under appeal is liable to be set aside.;