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Allahabad Bank & Ors. v. Ishwar Saran & Ors.

Civil Appeal · 2017 INSC 872Decided 7 Sept 2017
Civil Appeal No. 11337 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. Employees of Allahabad Bank claimed pension under the Allahabad Bank (Employees) Pension Regulation, 1995, instead of the 2010 Scheme under which the Bank had already sanctioned them pension. The High Court had ruled by simply relying on two of its own earlier orders from 2005 and 2007.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court had not examined the contested issues, such as whether the employees had validly or belatedly exercised the pension option. It sent the matter back to the High Court to consider it on merits, examine all contentions of both sides, and dispose of the writ petition within six months.

Lesson Learnt

There is no final ruling yet on whether the employees get pension under the 1995 Regulation. A High Court must examine the contested issues itself and cannot dispose of a case only by relying on its earlier orders.

Official source (sci.gov.in)View Judgment (PDF)

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