Sudip Ahluwalia, J. - (1.) The writ petitioner joined service in the respondent Bank initially as a typist on 23rd of November, 1970. During his service tenure he was promoted from time to time and ultimately reached the post of Head Cashier at the Old Court House Street Branch of the Bank/Respondent No. 1. He put in about 36 years of service in the Bank and submitted a letter/application seeking resignation on the 21st August, 2006 on the ground of his 'mental depression'. His application was accepted by the petitioner on 19th October, 2006 and he was relieved from service. His contention is that he had put in service far in excess of 20 years which made him qualified for pension in terms of the relevant regulations. But no pension was granted to him by the respondent. After the petitioner had already been released from service, a memorandum of understanding was signed between the Indian Banks' Association and the negotiating Trade Unions to extend an option for pension to those employees who had not opted under the regulations of the year 1995. A settlement in this regard was signed between those parties on 27th April, 2010 consequent to which the Respondent Bank through the respondent No. 2 issued a circular bearing No. SP/OPTION/2/M/ -0293/10 -11 dated 16th August 2010, inviting non opting retired employees to submit their option form in exercising the option for pension within 60 days. The petitioner accordingly submitted his application form on 23.08.2010. He was however informed on behalf of the respondent bank by letter dated 05.10.2010 (Annexure 'P -4' to the writ petition) that he was not eligible for such pension.
(2.) The petitioner thereafter submitted a representation to the respondents through his letter dated 24.09.2012 (Annexure - 5) in which he contended that he was entitled to get the benefit of second option of pension as he had resigned only after having crossed the qualifying length of service. But no action taken on that representation, on account of which he has approached this Court.
(3.) The writ petition has been contested on behalf of the respondents. Their assertion is that the petitioner is not entitled to pension since he had not 'retired' but 'resigned' from service which renders him ineligible to seek the pension facility in view of the relevant "United Bank of India (Employees) Pension Regulations, 1995. The relevant extracts as applicable to the present case from the aforesaid regulations are set out as under: "United Bank of India (Employees') Pension Regulations, 1995" - "2. Definitions - (w) "qualifying service" means the service rendered while on duty or otherwise which shall be taken into account for the purpose of pension under these regulations; 14. Qualifying Service - Subject to the other conditions contained in these regulations, an employee who has rendered a minimum of 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. 22. Forfeiture of service - (1) Resignation or dismissal or removal or termination of an employee from the service of the Bank shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits; 29. Pension on Voluntary Retirement - (1) On or after the 1st day of November, 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;";