• Pension

I have served nationalized bank for appx.22 years as confirmed employee but still when raised request at various forums through RTI also they are not ready to provide pension to me. I
would like to file a suit against bank I was relieved from the services of the bank in Jan 2008. and immediately after relieving when second pension option was provided i had opted that also in time. Please help me with possible remedy as I came to know that in recent LIC case Supreme court had given verdict that any employee who had served more than 20 years will be provided pension irrespective of circumstances etc in which he had resigned/voluntarily opted. Awaiting your response and further action.
Asked 7 years ago in Labour

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4 Answers

1. if you have worked as so many years as permanent employee then I am not sure why your pension is withheld if your bank has pension scheme.

2.If a PSU like the bank is defaulting in its legal duty like not giving pension you can redress your grievance by filing a writ petition.

3. So without wasting time anymore file writ of mandamus in high court. You will get justice soon.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. When the second pension option was provided and chosen the pension should be released. A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for pension.

2. Since your RTI application has not been replied you can file a writ petition to seek binding directions to the bank to release your pension.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you would be eligible for pernsion

2) Rule 22 which

squarely falls for consideration is as follows:-

“22. (i) A member shall be entitled to a

pension under these rules on retiring from the

Bank’s service –

(a) After having completed twenty years’

pensionable service provided that he has

attained the age of fifty years or if he is in

the service of the Bank on or after 1.11.93,

after having completed ten years

pensionable service provided that he has

attained the age of fifty eight years or if he

is in the service of the Bank on or after

22.5.1998, after having completed ten

years pensionable service provided that he

has attained the age of sixty years;

(b) After having completed twenty years’

pensionable service, irrespective of the

age he shall have attained, if he shall

satisfy the authority competent to sanction

his retirement by approved medical

certificate or otherwise that he is

incapacitated for further active service;

(c) After having completed twenty years

pensionable service, irrespective of the

age he shall have attained at his request in

writing.

(d) After twenty five years’ pensionable

service.

(ii) A member who has attained the age of fiftyfive

years or who shall be proved to the

satisfaction of the authority empowered to

sanction his retirement to be permanently

incapacitated by bodily or mental infirmity

from further active service (such infirmity

not being the result of irregular or

intemperate habits) may, at the discretion

of the trustees, be granted a proportionate

pension.

(iii) A member who has been permitted to retire

under Clause 1(c) above shall be entitled to

proportionate pension.”

3) if you are denied pension file petition before CAT against bank refusal to grant you pension

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Pension on Voluntary Retirement.

Minimum 20 years qualifying service is required. The qualifying service of an employee retiring voluntarily shall be increased by a period not exceeding five years subject to the condition that the retiree has got remaining service of 5 years and the total qualifying service shall not in any case exceed 33 years.

The employee may give notice of not less than three months in writing to the appointing authority; seeking voluntary retirement. The notice of voluntary retirement shall require acceptance by the appointing authority.

The employees of various Public Sector Banks (PSBs) are covered under Bank Employees Pension Regulations pronounced in 1995.

Most of the employees of various Public Sector Banks (PSBs) are covered under Bank Employees Pension Regulations pronounced in 1995. Employees who did not opt for pension scheme are continuing under Contributory Provident Fund. Employees who have joined on or after 1.4.2010 are covered under New Pension Scheme (NPS).

Following types of employees are not eligible for pension on account of forfeiture of service clause in the pension rules

1. Employees who have resigned from the service.

2. Employees who are dismissed, terminated or removed from bank’s services

3. An interruption in the service of bank employee entails forfeiture of his past services except in the cases of authorized leave of absence and suspension followed by reinstatement.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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