SCA/13048/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13048 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= KIRIT H RAVAL - Petitioner Versus RESERVE BANK OF INDIA - Respondent ========================================================= Appearance : MR YN OZA WITH MR BP GUPTA for Petitioner: MR AMAR N BHATT for Respondent: ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 30/01/2008 ORAL JUDGMENT 1. Rule. Shri. Amar Bhatt, learned counsel appearing for the respondent Bank waives service of notice of Rule. With the consent of learned counsels for the parties, rule is fixed SCA/13048/2003 2/3 JUDGMENT forthwith. 2. Shri. Oza, learned counsel appearing with Shri. Gupta for the petitioner submits that the petitioner was in fact eligible and entitled to avail the benefits of Pension Scheme by opting for voluntary retirement at the relevant time. Instead of mentioning the same he used the word ”Resignation” which has come in his way in availing the benefits of pension. But for the word 'resignation' the petitioner's case would not have been covered by forfeiture clause and therefore, liberty be reserved to the petitioner to approach the respondent Bank with an appropriate representation, that may be considered by the Bank sympathetically. 3. Shri. Amar Bhatt, learned counsel appearing for the respondent Bank has relied upon the affidavit of the respondent and the judgment of Honourable Supreme Court in the case of RESERVE BANK OF INDIA AND ANOTHER Vs. CECIL DENNIS SOLOMON AND ANOTHER, reported in (2004) 9 SCC 461 and the judgment of Division Bench of this Court (Coram: C.K. Thakker and A.L. Dave, JJ) dated 5/11/1998 rendered in Letters Patent Appeal No. 574 of 1997 in Special Civil Application No. 249 of 1997. 4. Shri. Oza's submissions appears to be reasonable. The record also indicate that the SCA/13048/2003 3/3 JUDGMENT petitioner was in fact eligible and entitled for availing the scheme of pension had he not used the word 'resignation'. In view of this, the petitioner deserves to be granted liberty to approach the respondent with an appropriate representation taking up all the contentions available to him for availing the benefit of pension. This Court has not opined anything on merits. The petitioner is at liberty to approach the concerned respondent with an appropriate representation for the prayers made in this petition. In case such representation is made within six weeks from today, then the respondent is hereby directed to consider the same sympathetically and communicate the decision thereof to the petitioner preferably within eight weeks thereafter. 5. In view of this, Shri. Oza makes a request for withdrawing the petition at this stage. Permission as sought for is granted. Petition is dismissed as withdrawn. Interim relief, if any granted earlier, shall stand vacated. Rule discharged. No costs. [ S.R. BRAHMBHATT, J ] /vgn