Rajender Kumar vs Punjab National Bank
2015 Latest Caselaw 3381 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          W.P.(C) No.1356/2014

%                                                           27th April, 2015

RAJENDER KUMAR                                                   ..... Petitioner
                 Through:                None
                 versus
PUNJAB NATIONAL BANK                                           ..... Respondent
                 Through:                Mr.Jagat Arora with Mr.Rajat Arora,
                                         Advocates.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

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.



W.P.(C) No.1356/2014                                                Page 1 of 3
 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




W.P.(C) No.1356/2014                                               Page 2 of 3
 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