Facts
The petitioner was removed from service under Regulation 39(2)(b)(v) of the Chhattisgarh Rajya Gramin Bank (Officers and Employees) Service Regulations, 2013.
Source reference: p. 2The removal order recorded that he would be entitled to pension and gratuity as per his entitlement.
Source reference: pp. 1–2Although gratuity was paid, the Bank rejected his claim for pension, relying on Regulation 29 of the Chhattisgarh Rajya Gramin Bank (Employees) Pension Regulations, 2018.
Source reference: pp. 1–2The petitioner sought release of pension or compassionate allowance and challenged the rejection communications dated 7 February and 4 March 2025.
Source reference: pp. 1–2Issues
1. Whether an employee removed from service is entitled to pension despite the removal order’s statement that pension would be payable as per his entitlement.
Source reference: pp. 2–42. Whether the rejection of the petitioner’s pension claim was consistent with Regulation 29 of the 2018 Pension Regulations.
Source reference: pp. 2–4Law Applied
Regulation 29(1) of the Chhattisgarh Rajya Gramin Bank (Employees) Pension Regulations, 2018 provides that an employee dismissed, removed, or terminated from service forfeits his pension.
Source reference: p. 3Its proviso permits an authority higher than the authority competent to dismiss, remove, or terminate the employee to sanction compassionate allowance, not exceeding two-thirds of the pension otherwise admissible, where the prescribed conditions are met and the case merits special consideration.
Source reference: p. 3Under Regulation 29(2), any compassionate allowance sanctioned under the proviso cannot be less than the minimum pension under Regulation 34.
Source reference: p. 3The petitioner’s removal was imposed under Regulation 39(2)(b)(v) of the 2013 Service Regulations.
Source reference: p. 2Reasoning
The Court found that the petitioner’s removal from service was undisputed.
Source reference: pp. 3–4It held that his pension entitlement was governed by Regulation 29 of the 2018 Pension Regulations, which provides for forfeiture of pension upon removal.
Source reference: pp. 3–4The statement in the removal order that pension would be payable “as per his entitlement” did not override that regulatory rule; entitlement remained subject to Regulation 29.
Source reference: pp. 3–4Accordingly, the Bank’s rejection of the pension claim was consistent with the applicable Regulations and disclosed no illegality warranting judicial interference.
Source reference: pp. 3–4Holding
The Court held that the petitioner was not entitled to pension following his removal from service under Regulation 29 of the 2018 Pension Regulations.
Finding no illegality or infirmity in the Bank’s decision, it dismissed the writ petition.
Source reference: p. 4Original Court PDF
LALIT JAISWALvsCHHATTISGARH RAJYA GRAMIN BANK
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