SUNIL AMBWANI AND RAJ MANI CHAUHAN, JJ. - (1.) HEARD Shri Narendra Mohan, learned Counsel for the petitioner. Shri Vivek Ratan appears for the respondent -bank.
(2.) SHRI S. Jafar Raza, the petitioner joined services of the bank as clerk on 6.3.1961. He was transferred to various places and last worked at main branch of Allahabad as an officer. The petitioner opted for voluntary retirement on medical grounds after completing 29 years with benefit of employment of his son in the bank. The bank allowed him to retire peremptorily on 31.1.1990 with an offer of employment to his son. The bank after consultation with The Reserve Bank of India and with previous sanction of The Central Government framed regulations called 'Union Bank of India (Employees)Pension. Regulations, 1995 giving option to The employees, who have retired from service between 1.1.1986 to 31.10.1993, for a pension scheme, after surrendering The employers contribution in The provident fund to The bank. The petitioner exercised The option and offered to surrender The employer's contribution of The provident fund received by him. His option vide letter dated 8.5.2006 addressed to The Chairman and Managing Director of The bank was rejected by The Deputy General Manager (HRM) on June 8th, 2006 on The ground that The regulations applied to The employees, who were in service of The bank between 1.1.1986 but had retired (on superannuation) before The first day of November, 1993 and had exercised an option in writing within 120 days from The notified date would become member of The fund. The order furTher states that The record would show that The petitioner had retired prematurely on medical grounds on 31.1.1990, and thus The regulations do not apply to him.
(3.) BY this writ petition the petitioner has prayed for quashing the order and to finalise and process of pension under Regulations of 1995 within a time frame.;