Case Note & Summary
The petitioners were former employees of the Bank of India who had resigned from service. They filed writ petitions seeking a direction to the bank to extend pensionary benefits to them. The issue was whether resignation entitles an employee to pension under the Bank of India (Employees) Pension Regulations, 1995. The court examined the relevant regulations, particularly Regulation 22 which provides for pension on voluntary retirement after 20 years of qualifying service, and Regulation 29 which deals with resignation. The court noted that resignation is a voluntary act of giving up employment with no intention to seek superannuation benefits, whereas voluntary retirement is a mode of leaving service after completing qualifying service with an option to receive pension. The petitioners had not completed 20 years of qualifying service and their resignations were not treated as voluntary retirement. The court held that resignation does not qualify for pension under the Regulations. The court also rejected the argument of estoppel, stating that pension regulations are statutory and cannot be overridden by any representation or acceptance of resignation. The petitions were dismissed.
Headnote
A) Service Law - Pension - Resignation vs Voluntary Retirement - Bank of India (Employees) Pension Regulations, 1995, Regulations 22, 29 - The petitioners resigned from service and sought pensionary benefits. The court held that resignation is a voluntary act of giving up employment with no intention to seek superannuation benefits, whereas voluntary retirement is a mode of leaving service after completing qualifying service with an option to receive pension. Since the petitioners resigned, they are not entitled to pension under the Regulations. (Paras 1-25) B) Service Law - Pension - Interpretation of Pension Regulations - Bank of India (Employees) Pension Regulations, 1995, Regulations 22, 29 - The court interpreted Regulation 22 which provides for pension on voluntary retirement after 20 years of qualifying service, and Regulation 29 which deals with resignation. The court held that resignation does not qualify for pension unless the employee has completed 20 years of qualifying service and the resignation is accepted as voluntary retirement. The petitioners had not completed 20 years of service and their resignations were not treated as voluntary retirement. (Paras 10-20) C) Service Law - Pension - Estoppel - Bank of India (Employees) Pension Regulations, 1995 - The petitioners argued that the bank had accepted their resignations and later denied pension. The court held that there is no estoppel against the statute. The pension regulations are statutory and cannot be overridden by any representation or acceptance of resignation. The bank's acceptance of resignation does not create a right to pension. (Paras 21-25)
Issue of Consideration
Whether employees who resigned from service are entitled to pension under the Bank of India (Employees) Pension Regulations, 1995.
Final Decision
The court dismissed all the writ petitions, holding that the petitioners who resigned are not entitled to pension under the Bank of India (Employees) Pension Regulations, 1995.
Law Points
- Resignation is not voluntary retirement
- Pension Regulations 1995 do not cover resignees
- Regulation 22 of Bank of India (Employees) Pension Regulations
- 1995
- Regulation 29 of Bank of India (Employees) Pension Regulations
