SUDHIR KUMAR CONSUL versus ALLAHABAD BANK

SUDHIR KUMAR CONSUL versus ALLAHABAD BANK

Regulation 46(1) of Allahabad Bank Officers Service Regulations, 1979, provides pension in lieu of gratuity only to officers appointed on or before 01.07.1979. Those recruited or promoted after that date, including appellant promoted in 1983, are not entitled to pension under the Old Pension Scheme. Fixing a cut-off date creates reasonable differentiation and does not offend Article 14 of the Constitution.

Parties
Appellant: Sudhir Kumar Consul; Respondent: Allahabad Bank
Jurisdiction
India
Judgment Date
21 February 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 25.02.2009, Uttarakhand High Court, Writ Petition No. 69 (s/b) of 2007
Outcome
Appeals dismissed
Legal Topics
Pension Scheme, Subordinate Legislation, Equality Under Article 14
Service Law Administrative Law Constitutional Law Pension Scheme Subordinate Legislation Equality Under Article 14

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Parties

Sudhir Kumar Consul

Appellant

Allahabad Bank

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 25.02.2009, Uttarakhand High Court, Writ Petition No. 69 (s/b) of 2007

Legal Issues

  1. 1 Eligibility for pension under Old Pension Scheme as per Allahabad Bank Officers Service Regulations, 1979
  2. 2 Reasonableness of fixing cut-off date for pension benefits under Article 14
  3. 3 Legality and vires of Regulation 46 of Allahabad Bank Officers Service Regulations, 1979

Ratio Decidendi

Regulation 46(1) of Allahabad Bank Officers Service Regulations, 1979, provides pension in lieu of gratuity only to officers appointed on or before 01.07.1979. Those recruited or promoted after that date, including appellant promoted in 1983, are not entitled to pension under the Old Pension Scheme. Fixing a cut-off date creates reasonable differentiation and does not offend Article 14 of the Constitution.

Court Disposition

Appeals dismissed

Orders

  • Appellant not entitled to pension under Old Pension Scheme.
  • Liberty granted to appellant to opt to join 1995 Regulations within 30 days; respondent directed to consider option sympathetically within 60 days if exercised.