Disposed

Mrs Rajani Emp No. 153445 v. Syndicate Bank

Karnataka HC22 Mar 2024WP/41825/2012

Case brief

AI extract

What is this about?

Petitioners, retired employees of Syndicate Bank, sought direction to grant pension per 1995 Regulations. The High Court observed that the beneficiary issue was settled by the Apex Court and a coordinate Bench. Petitions were disposed of with liberty to file appropriate representations.

What did the court decide?

Writ petitions disposed of with liberty to file representation citing binding precedents; if represented, Bank bound to grant pension per Regulations.

Mrs Rajani Emp No. 153445 Vs Syndicate Bank — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 41825 OF 2012 (S-R) C/W WRIT PETITION NO. 15573 OF 2013 (S-R)

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IN W.P.NO.41825/2012

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BETWEEN:

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MRS. RAJANI, EMP NO. 153445 W/O LATE M M RAMESH AGED 61 YEARS R/O 103, INLAND EXOTIC 14^TH CROSS, BENSON TOWN BANGALORE-560 046

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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MRS. SHANTHI (PENSION FILE NO.3002/2001) AGED ABOUT 58 YEARS PLOT NO. THIRUMALAINAGAR PERUNGUDI, CHENNAI-600 096

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P.S. RANGANATHAN, EMP. NO.79266 S/O P.SESHADRI IYENGAR AGED ABOUT 62 YEARS 1030/A, 4^TH MAIN ROAD, II STAGE RAJAJINAGAR BANGALORE-560 010

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A. VENKATESAN, EMP. NO.140432 S/O ANNAMALAI AGED ABOUT 65 YEARS OLD NO.10/22, NEW NO.5/21

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2 - NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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B.N.I. STREET, T NAGAR, CHENNAI-600 017

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V. MURALIDHARAN S/O LATE VENKOBA RAO AGED ABOUT 64 YEARS RAJAJINAGAR III STREET VILLIVAKKAM, CHENNAI-49

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A.R. RAGHUNATHAN, EMP. NO.169361 SHANTHI TOWERS AGED ABOUT 61 YEARS R/O 58, LUZ CHURCH ROAD CHENNAI-600 004

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S. BASHEER AHMED, EMP. NO.133832 S/O SYED ABBAS AGED ABOUT 62 YEARS R/O 119, V MAIN, I BLOCK BSK III STAGE & III PHASE BANGALORE-560 085

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…PETITIONERS

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(BY SRI. P S RANGANATHAN, ADVOCATE - ABSENT)

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AND:

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SYNDICATE BANK

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A BANK CONSTITUTED AND FUNCTIONING UNDER THE BANKING REGULATIONS ACT, HAVING ITS HEAD OFFICE AT MANIPAL KARNATAKA STATE AND A NUMBER OF BRANCHES ALL OVER THE COUNTRY, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

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…RESPONDENT

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(BY SRI. T.P. MUTHANNA, ADVOCATE)

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NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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THIS W.P. IS FILED PRAYING TO GRANT THE PETITIONERS HEREIN THE BENEFIT OF PENSION REGULATION 1995 BY TAKING INTO THE LAST DRAWN 10 MONTHS AVERAGE PAY AS PER PENSION REGULATION CLAUSE NO.2(D) OF THE PENSION REGULATIONS FOUND HEREIN AT ANNX-B WITHOUT REFERENCE TO JOINT NOTE/BIPARTITE SETTLEMENT AS PER THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. 46601/2004, FROM THE DATE OF RETIREMENT OF THE PETITIONERS HEREIN AND ETC.,

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IN W.P.NO.15573/2013

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BETWEEN:

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VILAS P.KAMATH S/O LATE PANDURANG KAMATH AGED 63 YEARS RESIDING AT NO.36/3, F-6 4^TH MAIN, SUMERU APARTMENTS HAMPINAGARA, VIJAYANAGAR BANGALORE – 560 014.

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K. MURUGANANTHAM S/O V.KALYANASUNDAARAM AGED 66 YEARS, BRIGADE GARDENS D-105, JARDINE BLOCK RBI LAYOUT, JP NAGAR VII PHASE BANGALORE – 560 078.

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V.N. RAVI SHANKAR S/O LATE V.M. NATARAJAN AGED 65 YEARS RESIDING AT NO.10/13

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4 - NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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SYNDICATE APARTMENTS, DR.B.N.ROAD 1^ST STREET, CHENNAI – 600 017.

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P. KRISHNAN S/O PADMANABHAN AGED 63 YEARS NO.10/13, SYNDICATE APARTMENTS DR.B.N.ROAD, I STREET CHENNAI – 600 017.

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R.K.SUNDARAM

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S/O R.KRISHNASWAMY AGED 63 YEARS PLOT NO.36/628, 9^TH STREET SYNDICATE BANK COLONY ANNANAGAR WEST, CHENNAI – 600 101.

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NAGAVELU S/O N.SUBRAMANIAM AGED 65 YEARS, NO.2/42B KARPAGAMBALNAGAR 1^ST STREET, KOTTIWAKKAM CHENNAI – 600 041.

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(ALL THE PETITIONERS ARE NOT CLAIMING THE BENEFIT OF SENIOR CITIZENS)

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…PETITIONERS

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(BY SRI. P S RANGANATHAN, ADVOCATE - ABSENT)

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AND:

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SYNDICATE BANK A BANK CONSTITUTED AND FUNCTIONING UNDER THE BANKING REGULATIONS ACT, HAVING ITS HEAD OFFICE AT MANIPAL KARNATAKA STATE AND A NUMBER OF BRANCHES

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NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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ALL OVER THE COUNTRY, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

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…RESPONDENT

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(BY SRI. T.P. MUTHANNA, ADVOCATE)

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THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These two captioned petitions are filed by the retired employees of respondent-Syndicate Bank seeking a direction at the hands of this Court to direct the respondent to fix pension in terms of Pension Regulations, 1995 by taking last drawn ten months average pay as per Pension Regulations Clause 2(d) which is annexed at Annexure-B.

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6 - NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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Though this Court in the interest of justice had

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been adjourning this case time to time, there is no representation on behalf of the petitioners. On perusal of the material placed on record, the prayer sought in the captioned petition is no more res integra . The coordinate Bench in W.P.No.19267/2003 and connected matter relating to the same Syndicate Bank has directed the respondent-Bank to grant pension in terms of the Regulations without reference to the bipartite settlement.

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Learned counsel appearing for the respondentSyndicate Bank has fairly brought to the notice of this Court that Apex Court has upheld the judgment rendered by the coordinate Bench in Civil Appeal No.5525/2012.

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The Hon’ble Apex Court has confirmed the view taken by the coordinate Bench thereby holding that respondent-Bank is bound to grant pension in terms of Regulations and not in terms of scheme floated under the name and style ‘Bipartite settlement/scheme’.

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7 - NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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In the light of law laid down by the Apex Court,

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the issue involved in the captioned petition being squarely covered, the petitioners are also entitled for the benefit.

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However, counsel for respondents has brought to the notice of this Court that the petitioners at the time of filing these petitions were aged between 55 and 65 years. Therefore, he would submit that he is not sure whether petitioners are alive or not.

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Having taken cognizance of the submission made by the learned counsel appearing for the respondent-Bank, these writ petitions are disposed of reserving liberty to the petitioners to submit appropriate representation and cite the directions issued by the coordinate Bench in W.P.No.19267/2003 and connected matter and Civil Appeal No.5525/2012. If such representations are submitted by the petitioners herein, the respondent-Bank is bound to accomplish the directions issued by the coordinate Bench and Hon’ble Apex Court and extend/grant pension in terms of Regulations without

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8 - NC: 2024:KHC:12015 WP No. 41825 of 2012 C/W WP No. 15573 of 2013

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adhering to or making reference to the Bipartite

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settlement/scheme.

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With these observations, the writ petitions stand disposed of.

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Pending I.As., if any, do not survive for consideration and stand disposed of.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 22

Mrs Rajani Emp No. 153445 v. Syndicate Bank

Case brief

What is this about?

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Mrs Rajani Emp No. 153445 v. Syndicate Bank

Case brief

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