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27th April, 2015 RAJENDER KUMAR ..... Petitioner
Through: None
Through: Mr.Jagat Arora with Mr.Rajat Arora, Advocates.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. Petitioner by this writ petition filed under Article 226 of the Constitution of India seeks direction to the respondent/Bank to pay pension along with the interest from the date on which payment of pension was stopped.
2. The only defence of the respondent/Bank is that the petitioner on account of taking unnecessary leaves had not completed the requisite term of service of 15 years for grant of pension, inasmuch as, petitioner after adjusting his leaves the petitioner would have worked only for 14 years, 9 months and 2 days i.e less than 15 years. 2015:DHC:3780
3. I have pointed out to the counsel for the respondent para 10.[2] of the PNB Employees Voluntary Retirement Scheme-2000, under which the petitioner took his retirement, and as per which clause the service beyond six months even for one day will be taken as a total of one year of service. This para 10.[2] reads as under:- “10.[2] Fraction of service of 6 months and above will be reckoned as one year for the purpose of calculating the ex-gratia. Fraction of service less than 6 months will be ignored for the purpose of calculating the ex-gratia.”
4. In view of the above, since the petitioner has served the respondent/Bank admittedly for 14 years, 9 months, and 2 days, therefore this period will have to be taken as 15 years in view of para 10.[2] of the PNB Employees Voluntary Retirement Scheme-2000, and the petitioner will hence be entitled to pension and the respondent/Bank was not entitled to stop payment of the same.
5. In view of the above, this writ petition is allowed and the respondent/Bank will now forthwith release the pension to the petitioner within six weeks from today. With respect to arrears which have not been paid to the petitioner by withholding the pension, the petitioner will be entitled to simple interest @ 5% per annum from the due date till the date of payment.
6. The petition is allowed with the aforesaid observations, leaving the parties to bear their own costs.
APRIL 27, 2015 VALMIKI J. MEHTA, J. KA