Bank of India vs Indu Rajagopalan and Others

Delay condoned. Leave granted in S.L.P. (C) 7639/99.

Having heard learned counsel for the appellants at length and having gone through the judgments of the learned single Judge and of the Division Bench of the High Court, we are satisfied that the view taken by the High Court is fair and reasonable.

All that has happened is in such of the banks where a scheme for voluntary retirement was available, certain employees retired under that Scheme. Now a comprehensive pension scheme has been framed which came into force w.e.f. 1-11-1993 and applicable uniformly to all Bank employees which provides for voluntary retirement as well. The applicability of these Rules to those employees who have voluntarily retired w.e.f. 1-1-1986 to 31-10-1993 is raised in these matters. It is not possible for Shri vs. R. Reddy, learned senior counsel who appears for the appellants to point out that there is any significant financial or other burden or difference so far as those who had voluntarily retired and those who had ordinarily retired. In that event where there is no distinction, the authorities having sought to make a distinction and not applied the regulations framed subsequent to their retirement, the High Court has given appropriate directions. We also notice that the number of employees who have retired in this manner is also very small. Therefore, we think no interference is called for in these appeals. The appeals are, therefore, dismissed with no order as to costs.