1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.819 OF 2002 Bank of India Retired Employees Welfare Organization (Unregistered) and Ors. .....Petitioners V/s. Bank of India & Ors. ..... Respondents Mr.S.M.Dharap, for the petitioner. Mr.R.S.Pai a/w Ms.Renuka Lele, for the respondents. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : JULY 07, 2009 P.C. 1. This petition is filed by the retired employees of the Bank of India Welfare Organization with two other employees. The grievance of the petitioners is in connection with giving benefit of Voluntary Retirement Scheme of 2001 and for adding benefit of five years notional service as per Regulation 29(5) of the Bank of India (Employees’) Pension Regulations 1995. 2. During the course of hearing, it is pointed out that the point in issue is covered by the Judgment of the Supreme Court in the case of Bank of India and another V/s. K.Mohandas and Ors., 2009(4) Scale 576. In view of the judgment of the Supreme Court, it is crystal clear that the 2 employees who have completed 20 years of service at the relevant time, are entitled to get five years of service as per Regulation 29(5) of the Pension Regulations, 1995. 3. In view of the same, so far as petitioner Nos.2 & 3 are concerned, the respondent Bank is directed to give similar benefit in view of the judgment of the Supreme Court and as per Regulation 29(5) and it should be paid within a period of three months from today. So far as names of the employees in the list (Exh.A) to the petition is concerned, in our view, since the particulars of their service is not before us and we do not know whether they have completed twenty years of qualifying service, we would not like to pass any order so far as List (Exh.A) annexed to the petition. We however, give liberty to the said employees who name is mentioned in the annexure, to make appropriate representation to the Bank pointing out the service particulars and pointing out whether they have completed 20 years of service. Such representation may be made preferably within a period of three weeks from today. It will be open for such employees to make joint representation and particulars of each employee should be given in the representation. On receiving such representation, the respondent Bank shall pass appropriate orders in accordance with law and if it is found that a particular employee has already completed 20 years of service, same benefit should be given to 3 them as per the Judgment of the Supreme Court. On receipt of the representation, appropriate decision may be taken by the bank within a period of 8 weeks from today and the Bank shall act on that basis. 4. At this stage, the learned counsel for the respondent Bank submitted that Review Petition filed before the Supreme Court is pending. In this view of the matter, it is clarified that in case the order of the Supreme Court is reviewed, all the benefits given to the employees are subject to the orders which the Supreme Court may pass. However, as on today, the Supreme Court judgment holds ground, for which the aforesaid directions is given. Lastly, we may say that normally when the individual grievance is required to be considered, such issue should not have been raised by the Union. 5. The petition is accordingly allowed to the aforesaid extent, with no order as to costs. ( R.M.SAVANT, J. ) (P.B.MAJMUDAR, J.)