Pensionary Benefits | Employee Who Is Removed From Service For Misconduct Not At Par With Those Who Retire On Superannuation: J&K&L High Court

The observation was made by Justice Sanjeev Kumar while dismissing the pension claim made by a former employee of the J&K Grameen Bank, who was removed from service in 2011.

The Petitioner had sought benefit of the J&K Grameen Bank (Employees) Pension Regulations, 2018 whereby provision was made for terminal benefits.

The Court however disallowed the claim on two grounds:

Firstly, that at the time of removal of the petitioner from service, there were no norms, rules or regulations providing for the benefit of pension to the employees of the respondent-Bank.

"Admittedly, in the year 2011, the employees of the respondent-Bank were governed by the J&K Grameen Bank (Officers and Employees) Service Regulations, 2010… it is abundantly clear that it does not prescribe imposition of a penalty of removal with pensionary benefits."

Secondly, the Court opined that though the 2018 Regulations had been made applicable to those employees who were in service between 1st day of September, 1987 and 31st day of March, 2010 and retired from the services of the Bank before 31st day of March, 2018, however, this leeway cannot come to aid of the Petitioner.

The reason for this finding was that the Petitioner was not an employee who had "retired" on superannuation from the bank. Rather, he was "removed" for misconduct.

"The Regulation applies to those employees who retired from the service of the Bank before 31.03.2018 and not the employees who were terminated for misconduct. Viewed thus, the order of removal of the petitioner dated 02.09.2011 holding the petitioner entitled to terminable benefits, cannot, by any stretch of reasoning, be construed to be an order of removal with the benefit of pension. The petitioner, neither, at the time of his removal from service, nor with the promulgation of Pension Regulations of 2018, is entitled to the benefit of pension," the Court said.

Accordingly, the petition was dismissed.

Case Title : Bashir Ahmad Wani v Jammu and Kashmir Grameen Bank and Another

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