Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner has approached this Court assailing the legality and validity of the order Annexure -10 dated 12.09.2001 whereby his prayer for being granted pro -rata pension upon opting for Voluntary Retirement under the Central Bank of India Employees Voluntary Retirement Scheme, 2001 was rejected and for directing the respondent Bank to extend the pensionary benefits to the petitioner upon his retirement w.e.f. 1.4.2001. An alternative prayer has been made in the writ petition that in the event of the court holding petitioner ineligible for pensionary benefits under the CBIEVRS, the respondent Bank be directed to take him back in service with all consequential benefits.
(2.) SUCCINCTLY stated the facts relevant and germane for disposal of the writ petition are noted hereinbelow: - The petitioner's date of birth is 1.2.1944. He joined as a L.D.C. in the respondent Central Bank of India (hereinafter referred to as the Bank) on 2.7.1990. The Bank introduced Employees Voluntary Retirement Scheme, 2001 (hereinafter referred to as the CBIEVRS) for its employees. The scheme was operational during a limited window between 22.2.2001 to 8.3.2001. As per the admitted case of the parties, while joining service, the petitioner had opted for Pension Scheme under the Central Bank of India (Employees) Pension Regulation, 1995 (hereinafter referred to as the Pension Regulations). The petitioner applied for Voluntary Retirement under the CBIEVRS which was accepted on 31.3.2001. He prayed for pensionary benefits but by orders Ex. 6 dated 12.6.2001and Ex. 10 dated 12.9.2001 the petitioner's claim for pension was declined. Hence, he has approached this Court by way of the instant writ petition praying for the above relief. A few of the relevant provisions of the Central Bank of India (Employees') Pension Regulations, 1995 are quoted hereinbelow for ready reference: - "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. 35 Amount of Pension: - 1) In respect of employees who retired between the 1st day of January, 1986 but before the 31st day of October, 1987, basic pension and additional pension will be updated as per the formulate given in Appendix -I. (2) In the case of an employee retiring in accordance with the provisions of the Service Regulations or Settlement after completing a qualifying service of not less than thirty three years the amount of basic pension shall be calculated at fifty per cent of the average emoluments. (3) a) Additional pension shall be fifty per cent of the average amount of the allowances drawn by an employee during the last ten months of his service; b) no dearness relief shall be paid on the amount of additional pension. Explanation - For the purpose of this sub -regulation "allowances" means allowances which are admissible to the extent counted for making contributions to the Provident Fund. (4) Pension as computed being aggregate of sub -regulations (2) and (3) above shall be subject to the minimum pension as specified in these regulations. (5) An employee who has commuted the admissible portion of his pension as per the provisions of regulation 41 of these regulations shall receive only the balance of pension, monthly. (6)(a) In the case of an employee retiring before completing a qualifying service of thirty three years, but after completing a qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under sub -regulations (2) and (3) and in no case the amount of pension shall be less than the amount of minimum pension specified in these regulations..." (Emphasis supplied)
(3.) THUS , it is seen from Clause 6(a) of the Regulations that an employee who retires after completing ten years of service would be entitled for pro -rata pension.;