In a recent judgement of Supreme Court in the matter of Sheelkumar Jain Versus The New India Assurance Co. Ltd. & Ors. ( Civil Appeal No.6013 of 2011 arising out of SLP No.(C) 3777 of 2007) held that Resignees are eligible for pension & directed respondent to consider the claim within three months of Judgement . Judgement dated 28/07/2011.
The Supreme Court also referred case of Union of India & Ors. v. Lt. Col. P.S. Bhargava wherein noted that " Once an officer has to his credit the minimum period of qualifying service, he earns a right to get pension and as the Regulations stand that right to get pension can be taken only if an order is passed under Regulations 3 or 16."
The aforesaid authorities w
ould show that the Court will have to construe the statutory provisions in each case to find out whether the termination of service of an employee was a termination by way of resignation or a termination by way of voluntary retirement and while construing the sta tutory provisions, the Court will have to keep in mind the purposes of the statutory provisions. The general purpose of the Pension Scheme, 1995, read as a whole, is to grant pensionary benefits to employees, who had r endered service in the Insurance Companies and had retire d after putting in the qualifying service in the Insurance Companies. Clauses 22 and 30 of the Pension Scheme, 1995 cannot be so construed as to deprive of an employee of an Insurance Company, such as the appellant, who had put in the qualifying service for pension and who had voluntarily given up his service after serving 90 days notice in accordance with sub- clause (1) of Clause 5 of the Scheme, 1976 and after his not ice was accepted by the appointing authority.
In this matter RESIGNED BANK EMPLOYEES WELFARE ASSOCIATION ( Registered Body) has filed writ petition in Delhi High Court & notices have been served on 31 respondent. At present RBEWA has more than 270 Resignee members from 31 Banks spread all over India.
The "RBEWA"s founder member Advocate Pathak R K ( Resignee from Dena Bank) has taken lead since December 2009 & interested / affected bank employees can contact him on 09373053695 or email id email@example.com to strengthen his fight for justice.