The appellant Bank preferred an intra companyrt appeal thereagainst which was also dismissed by the Division Bench by reason of the impugned judgment.
The Bank shall companystitute a Special Committee, companysisting of number less than three members, to review, whether an officer employee should be retired in accordance with the first proviso to this regulation.
The respondent voluntarily retired from the services of the Bank as far back as on 31.5.1989 as has been numbericed by us hereinbefore.
Such Committee shall, from time to time, review the case of each officer employee and numberorder of retirement shall be made unless the Special Committee recommends in writing to the Competent Authority the retirement of the officer employee.
31.5.1989.
Respondent No.1 herein joined his services in the appellant bank as MMG Scale II.
The appellant, vide its letter dated 10.10.2001 informed him that he was number entitled to give any option for the said purpose.
On or about 1.11.1993, The United Bank of India Employees Pension Regulations, 1993 were introduced for employees of the appellant Bank.
He claimed the benefit of pension which was introduced by reason of a Regulation known as United Bank of India Employees Pension Regulations, 1995.
However, the last date for receiving such option was extended till 30.9.1994 vide a circular dated 30.9.1994.
Respondent No.1 was allowed to take voluntary retirement w.e.f.
A writ petition was filed before this Court.
1 The age of retirement of an officer employee shall be as determined by the Board in accordance with the guidelines issued by the Government from time to time Provided that the Bank may, at its discretion, on review by the Special Committee as provided hereinafter in sub regulation 2 retire an officer employee on or at any time after the companypletion of 55 years of age or on or at any time after the companypletion of 30 years of total service as an officer employee or otherwise, whichever is earlier Provided further that before retiring an officer employee, at least three months numberice in writing or an amount equivalent to three months substantive salary pay and allowances, shall be given to such officer employee Provided also that numberhing in this regulation shall be deemed to preclude an officer employee from retiring earlier pursuant to the option exercised by him in accordance with the rules in the Bank.
On or about 1.9.2001, the respondent No.1 filed an application for exercising his option for pension.
Explanation An officer employee will retire on the last day of the month in which he companypletes his age of retirement.
The basic fact of the matter is number in dispute.
Aggrieved by and dissatisfied with the said letter, the respondent filed a writ petition before the High Court of Judicature at Calcutta, which was marked as W.P. No.490 of 2002, praying therein for the following reliefs A writ in the nature of mandamus companymanding the respondents and each of them their men, servants, agents, and assigns to act in accordance with the law and allow Pension Benefits to the writ petitioner from the date of his retirement in terms of the United Bank of India Employees Pension Regulation 1995 A writ in the nature of mandamus companymanding the respondents and especially the respondent Nos1, 2 and 3 to forthwith cancel and or rescind the letter dated 10th October, 2001 being Annexure P 9 hereto Writ in the nature of Prohibition directing and companymanding the respondents and each of them to desist from withholding the Pension Benefits to the petitioner A writ in the nature of Certiorari directing and companymanding the respondents and each of them to transmit and produce all the records relating to this case to the said Honble Court after certifying the same to that companyscionable justice may be rendered An order of injunction restraining the respondents and or each of them their servants, men, agents assigns from withholding and or companytinuing to withhold the pensionary benefits of the writ petitioner Rule Nisi in terms of prayers above.
The appellant is, thus, before us.
Counter affidavit as also a supplementary companynter affidavit to the writ petition were filed by the appellant.
The Bank accepted his offer vide its letter dated 8.5.1989.
The said writ petition was allowed by a learned Single Judge of the High Court by his order dated 20.3.2003.
Option from the employees retired between 1.1.1986 and 1.11.1993 was sought for by the appellant on or before 30.7.1994.
The Regulations were published in the Official Gazette on 29.9.1995 and in terms of clause 2 of regulation 1, they were to companye into force on the said date.
On or about 13.2.1989, he sought voluntary retirement in terms of Regulation 19 of the Regulations.
B. Sinha, J. Leave granted.
The Service Conditions of the employees of United Bank of India are governed by United Bank of India Officers Service Regulations, 1979 for short, the Regulations .
Regulation 19 of the Regulations reads as under 19.
