- (1.) Whether the beneficial umbrella of pension scheme can be extended to cover the employees who sought voluntary retirement prior to the advent of such scheme? This common question falls for consideration in these writ petitions.
(2.) Regulation 29(1) of the State Bank of Bikaner and Jaipur (Employees') Pension Regulations, 1995 (for short 1995 Regulations) reads as under: "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 competent authority retire from service. Provided............" Aforesaid regulation clearly postulates that pension on the voluntary retirement is payable to those employees who sought voluntary retirement on or after November 1, 1995, after completion of 20 years of qualifying service. According to Regulation l(b), these Regulations shall be deemed to have come into force w.e.f. September 29, 1995. There is an identical provision in the State Bank of Saurashtra (Employees) Pension Rules, 1995.
(3.) Admittedly much before the cut off date i.e. November 1, 1993 the petitioners S.R.Sunder (now dead) and H.C. Jain sought voluntary retirement. Common grievance projected by the petitioners is that Regulation 29(1) is arbitrary and the petitioners are entitled to pension even if they got retired prior to cut off date. The petitioners are aggrieved by the prospective introduction of pension scheme on voluntary retirement w.e.f. November 1,1993.;