NARENDRA KUMAR versus CHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK & ORS.

NARENDRA KUMAR versus CHAIRMAN AND MANAGING DIRECTOR, SYNDICATE BANK & ORS.

The appellant remained on deputation at all material times, had obtained a No Objection Certificate, and his period of deputation was extended to account for his pending application. The lack of response from the Bank and administrative hypertechnicality do not amount to 'interruption in service.' Thus, there is no legal basis for forfeiting his pension rights.

Parties
Appellant: Narendra Kumar; Respondents: Chairman and Managing Director, Syndicate Bank & Ors.
Jurisdiction
India
Judgment Date
30 April 2019
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by High Court
Outcome
Appeal allowed
Legal Topics
Pension, Deputation, Interruption in Service, Qualifying Period for Pension
Service Law Pension Deputation Interruption in Service Qualifying Period for Pension

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Parties

Narendra Kumar

Appellant

Chairman and Managing Director, Syndicate Bank & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by High Court

Legal Issues

  1. 1 Whether the appellant's service suffered interruption attracting forfeiture of pensionary benefits under the Syndicate Bank Employees Pension Regulations, 1995 due to not reporting back to the Bank before taking up the new post after deputation.

Ratio Decidendi

The appellant remained on deputation at all material times, had obtained a No Objection Certificate, and his period of deputation was extended to account for his pending application. The lack of response from the Bank and administrative hypertechnicality do not amount to 'interruption in service.' Thus, there is no legal basis for forfeiting his pension rights.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of the High Court and the Syndicate Bank quashed
  • Writ Petition of appellant allowed