Pension Regulation-31, its Effect & Legal Remedies

COMPULSORY RETIREMENT PUNISHMENT AWARDEE IS ALSO ENTITLE FOR PENSION & BANK CAN DISCRIMINATE PENSION TO THE RETIREES PRIOR TO EFFECTIVE DATE LAW IS EQUAL FOR ALL BANKS

TODAY I AM DISCUSSING ABOUT PENSION REGULATION-31 ,ITS EFFECT & LEGAL REMEDIES

31. Compulsory retirement pension.–
An employee compulsorily retired from service as a penalty, on or after the effective date, in terms of
the Service Regulations, may be granted by the authority higher than the authority competent to impose
such penalty, pension at a rate not less than two-thirds and not more than full pension admissible to him
on the date of his compulsory retirement, if otherwise he was entitled to such pension on
superannuation, on that date:
Provided that where the pension awarded under this regulation is less than the full pension
admissible under these regulations, the Board of Directors shall be consulted before such order is
passed.

यदि कोई कर्मचारी दिनांक 01.०४.२०१८ कि तिथि में या इसके बाद स्टाफ सेवा नियमो के अंतर्गत अनिवार्य सेवानिवृत्त से दण्डित किया जाता है तो उसे २/३ या पूर्ण पेंसन की पात्रता है लेकिन ये पेंसन अपीलीय अधिकारी द्वारा स्वीकृत किया जायेगा जो बेंक के बोर्ड के सलाह से पारित किया जायेगा

SPECIAL COMMENTS—
Eligibility in this regulation is very clear that an employee must be punished under staff regulation 39 means without conducting DE no employee can be awarded with the punishment of compulsory retirement ,

LEGALLY THE PROVISIONS OF REG-31 WILL NOT SUSTAIN IN COURT OF LAW

Effective date mentioned in the regulation dated 01.04.2018 is totally illegal if any body challenge this in court of law then he/she will win the case
Denial of pension option to officers who had been compulsory retired prior to 01.04.2018is in gross violation of Article 14 of Constitution of India which provides to citizens of India Right to Equality. The said article stipulates as under:
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”Discrimination between officers retired pre 01.04.2018 is against in gross violation of Fundamental Rights. Article 16(1) and (2) of Constitution of India

The issue of giving pension option to Compulsory Retired employees reached it finality when the Supreme Court dismissed two civil appeals No.2779 of 2006 United Bank of India Vs Prasanta Kumar Roy & Ors along with Civil appeal no.4677 of 2010 of PNB Vs C.P. Krishnaswamy and others on 30.8.2011, upholding the decision of High Courts, and not inclined to interfere with their judgment and allowed pension option to compulsory retired petitioners.

Sh. Jugal Shukla

http://thebankingtimes.com/author/jugalshukla/

*This post is published with prior permission of the author*

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