LPA No. 573 of 2015(O&M). Case: Narinder Paul Rana Vs Union of India and Ors.. High Court of Punjab (India)
| Case Number | LPA No. 573 of 2015(O&M) |
| Counsel | For Appellant: H.S. Dhindsa, Advocate |
| Judges | Hemant Gupta and Raj Rahul Garg, JJ. |
| Issue | Service Law |
| Judgement Date | December 08, 2015 |
| Court | High Court of Punjab (India) |
Judgment:
Hemant Gupta, J.
1. The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench on 19.05.2014 whereby the claim of the Appellant for pension was declined.
2. The issue is whether the appellant has resigned on 07.05.2009 or has sought voluntary retirement vide the aforesaid letter sent through email. If the appellant has resigned, he is not entitled to pensionary benefits in terms of Regulation 22 of the Oriental Bank of Commerce (Employees') Pension Regulations, 1995 (for short 'Pension Regulations'). However, if the appellant is found to have submitted request for voluntary retirement, then he may be entitled to pensionary benefits. Another question which will arise is whether the appellant, who was in service of the Bank prior to 29.09.1995 and retired after 27.04.2010, would be entitled to opt for second pension option.
3. The appellant availed Ex-India Leave on 06.05.2008 to go abroad from 19.05.2008 to 17.07.2008. The appellant applied for extension of leave vide the email dated 19.07.2008. The appellant was informed on 01.08.2008 that the request has been considered but not acceded to. The appellant was advised to submit medical certificate which was not furnished. Consequently a show cause notice was issued to the appellant on 20.12.2008 to reply as to why action should not be taken against him. Since no reply was received, the appellant was served with a charge-sheet proposing an action for misconduct under Oriental Bank of Commerce Officer Employees (Discipline & Appeal) Regulations, 1982 on 28.01.2009. It is thereafter, the appellant communicated the following through email on 07.05.2009:--
Your letters ROP/HRD/620/2008/10824 dated 22.12.2008, 17216 dated 20/2008, memo dated 28.1.2009 and ROP/HRD/620/2009 letter dated Feb 17/2009.
This if further to my replies of above said letters dated Nov 21/2008, Jan 07/2009, Feb 26/2009, March 01/2009, March 03/2009 and May 06/2009, I remained on medical leave from 18.07.2008 to till date due to poor health conditions for which I have submitted my medical certificates duly notarized and countersigned by Consulate General of India vide my letters dated Nov 21/2009, Feb 26/2009, March 03/2009 and May 06/2009.
Due to continuing of poor health conditions, I shall not be able to join office as such I hereby tender my resignation on medical grounds.
I further seek retirement under Volunteer Retirement Scheme of...
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