IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 18640 of 2006 Date of decision: August 21, 2008 G.R.Nagar -----Petitioner Vs. Punjab National Bank and others -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE RAKESH KUMAR GARG Present: None for the petitioner. Mr. GS Bajwa, Advocate for the respondents. Adarsh Kumar Goel,J. 1. This petition seeks a direction for release of superannuation pension instead of compassionate pension released vide letter dated 28.2.2001 and revised vide letter dated 18.5.2006. 2. Case of the petitioner is that he was in service of the Bank. A charge sheet dated 17.7.1998 was served on him which finally led to order of removal from service dated 8.12.1999. The said order was affirmed on appeal. The petitioner was granted compassionate pension. Writ Petition and Review Petition were dismissed by this Court. CWP No.18640 of 2006 3. Learned counsel for the petitioner submitted that superannuation benefits having been granted to the petitioner instead of granting compassionate pension, superannuation pension should have been given. 4. On 31.1.2008, learned counsel for the Bank handed over letter dated 27.12.2007 stating that instead of compassionate allowance, the petitioner had been granted pension in terms of Pension Regulations 1995. 5. The petitioner filed affidavit dated 3.4.2008 stating that pro-rata pension taking qualified service as 14 years is illegal, when service rendered by the petitioner was infact for about 19 years. 6. We have heard learned counsel for the parties and perused the record. 7. Admittedly, the petitioner was given a charge sheet alleging forging signatures of the Manager for availing the loan from the Independent Bank Employees Cooperative Urban (SE) Thrift & Credit Society Limited, Hisar and the said charge was held to have been proved. On that basis, the petitioner was ordered to be removed from service with superannuation benefits under para 19.5(j) of First Bipartite Settlement dated 19.10.1996. The said order was upheld by the appellate authority and thereafter by this Court vide order dated 8.5.2001 in CWP No.6547 of 2001 2 CWP No.18640 of 2006 (Ghisa Ram Nagar v. Punjab National Bank and others). Review Petition No.188 of 2001 was dismissed on 12.9.2002. Pension was released to the petitioner vide order dated 28.2.2001. The petitioner served a legal notice and in reply thereto, vide letter dated 3.2.2005, Annexure P.12, the Bank took the stand that in terms of Bipartite Settlement, pension had already been paid. Thereafter, revised pension was given to the petitioner on 18.5.2006 and again further revised pension was given vide letter dated 28.1.2008. Vide letter dated 27.12.2007, instead of compassionate pension, the petitioner was given pension in terms of Pension Regulations 1995. 8. In view of above, since the petitioner was lawfully removed from service after proof of his misconduct and in terms of order of removal from service, the petitioner was entitled to only superannuation benefits in terms of Bipartite Settlement, i.e. compassionate pension, no further direction is called for, particularly when a decision to give pension in terms of Pension Regulations has also been taken by the Bank vide letter dated 27.12.2007. 9. The writ petition is dismissed. (Adarsh Kumar Goel) Judge August 21, 2008 (Rakesh Kumar Garg) 3 CWP No.18640 of 2006 ‘gs’ Judge 4