S.S. Nijjar, J. - (1.) THE petitioner was working with the Punjab and Sind Bank (respondent No. 1)('Bank' for short). The bank vide circular dated 28.10.2000 circulated the Voluntary Retirement Scheme 2000 ('VRS' for short), in terms of the said VRS, the petitioner applied for voluntary retirement on 2.12.2000. The Bank thereafter on 23.12.2000 (Annexure P2) in continuation of the earlier circular dated 28.10.2000 issued another circular making certain amendments to Bank (Employees) Pension. Regulations 1995 ('Regulations' for short). The VRS -2000, inter -alia, provided that the said scheme would remain in operation from 1.12.2000 to 31.12.2000. Besides, an employee seeking voluntary retirement under the VRS would be eligible for all other retirement benefits to which he/she was entitled to under the existing Bank rules/regulations/bipartite settlement/award. It was also provided that it would not be open for an employee to withdraw the request made for voluntary retirement under the 'Scheme after having exercised his option. The petitioner after he had retired under the VRS received his pension payment order (PRO) dated 3.5.2001. He then realized that while calculating his pension in terms of the Regulations, five years of his service was not added towards qualifying service for pension which was to be added in terms of Regulation 29(5) of the Regulations.
(2.) THE petitioner in this petition under Article 226/ of the Constitution of India seeks a mandamus for directing the respondents to comply with the said provisions of Regulation 29(5) of the Regulations and pay him the arrears of Pension with interest on the amount due to him from 1.5.2001 in accordance with the VRS. It is primarily claimed that a period of five years be added to his qualifying service for the purpose of calculating the pension payable to him. On notice of motion, reply has been filed on behalf of the respondents. It is stated that the petition is liable to be dismissed being barred by delay and laches. Besides, the petitioner has availed, benefit payable under VRS, therefore, he is estopped by his own act and conduct from challenging the benefits of the Scheme at this belated stage. As regards the claim for the benefit of five years service for the purpose of calculating total qualifying service towards pension, it is submitted that the persons who sought voluntary retirement under the VRS are not entitled to the same in view of Regulation 28 of Regulations as amended.
(3.) WE have heard the petitioner who appears in person and also learned Counsel for the respondents. It is submitted by the petitioner that he is entitled to the -benefit of five years qualifying service in terms of Regulation 29(5) of the Regulations. The said Regulation 29(5) reads as under: 29 Pension on voluntary Retirements (5) The qualifying service of an employee retiring voluntarily under this regulation shall be increased by a period not exceeding five years, subject to the condition that the total qualifying service rendered by such employee shall not in any case exceed thirty three years and it does not take him beyond the date of superannuation. A perusal of the above shows that the qualifying service of an employee retiring voluntarily under the Regulations should be increased by a period not exceeding five years subject to the condition that the total qualifying service rendered by such employee shall not in any case exceed 33 years and it does not take him beyond the date of superannuation. Sh Sapan Dhir, Advocate, learned Counsel for the respondents has submitted that the benefit ; of five years in terms of the said Regulation 29(5) can only be given if the service of an employee falls short of 33 years so as to give him the benefit of total qualifying service of 33 years.;