Court No. - 33
Case :- WRIT - A No. - 14243 of 2020 Petitioner :- Rajbali Singh Respondent :- Union Bank Of India And 2 Others Counsel for Petitioner :- Awadh Narain Rai,Ajeet Kumar Srivastava Counsel for Respondent :- Vivek Ratan Agrawal
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the respondents to grant pension to petitioner alongwith all consequential benefits.
Sri Vivek Ratan Agrawal, learned counsel appearing for the Bank, points out that petitioner has already resigned from the employment of Bank, which was accepted on 25.7.2009 and in terms of Regulation 22 of the Union Band of India Employees Pension Rules, 1995 such resignation entails forfeitures of his entire past service and shall not qualify for grant of pensionary benefits. Regulation 22(1) of the Regulations of 1995 reads as under:-
"22(1) Resignation or dismissal or removal or termination of an employee from the service of the Bank shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits;"
Learned counsel for the petitioner states that petitioner was suffering from depression and, therefore, submitted his resignation.
Be that as it may, the submission of resignation and its acceptance is undisputed. By virtue of Regulation 22(1) of the statutory regulations of 1995 such resignation will entail forfeiture of entire past service and shall not qualify for pensionary benefits. Once that be the position in law, no direction can be issued to the respondents to release pension to the petitioner.
The writ petition lacks merit and is dismissed.
Order Date :- 6.1.2021 Ranjeet Sahu