Ram Chander Yadav And Others v. Punjab National Bank And Another
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#+ "2. Definitions:
d) "Average Emoluments" means the average of the pay drawn by an employee during the last ten months of his service in the Bank; xxxx xxxx xxxx s) "Pay" includes, (a) in relation to a workman who had either retired or died on or after the 1st day of January, 1986 but before the 1st day of November, 1992,and in relation to an officer who had either retired
- 6 - or died on or after the 1st day of January, 1986 but before the 1st day of July, 1993,- i) the basic pay including stagnation increments, if any, and ii) all allowances counted for the purpose of making contribution to the Provident Fund and for the payment of dearness allowance;
(b) in relation to a workman who had retired or died while in service on or after the 1st day of November, 1992;and in relation to an officer who retired or died while in service on or after the 1st day of July, 1993, - i) the basic pay including stagnation increments, if any; and ii) all other components counted for the purpose of making contribution to the Provident Fund and for the payment of dearness allowance; and iii) increment component of Fixed Personal Allowance; iv) dearness allowance thereon on the above calculated up to index number 1148 points in the All India Average Consumer Price Index for Industrial Workers in the series 1960 = 100.
(c) in relation to an employee who retired or died while in service on or after the 1st day of April, 1998i) the basic pay including stagnation increments, if any; and ii) all other components of pay counted for the purpose of making contribution to the Provident Fund and for the payment of dearness allowance; and iii) increment component of Fixed Personal Allowance; and iv) dearness allowance thereon on the above calculated up to index number 1616 points in the All India Average Consumer Price Index for Industrial Workers in the series 1960 = 100.
For the purpose of this clause basic pay, other components of pay and Fixed Personal Allowance would mean the basic pay, other components of Pay and Fixed Personal Allowance drawn by the employee in terms of the scales of pay as applicable and rates at which the other components of pay were payable prior to 1.11.1997 (in the case of workmen) and prior to 1.4.98 (in the case of officers);
- 7 - (d) in relation to an employee who retired or died while in service on or after the first day of May, 2005 the basic pay including stagnation increments, if any, and Special pay, Graduation Pay, Professional Qualification Pay, increment component of Fixed Personnel Pay and Officiating Pay, if any, drawn by the employee during the last ten months of his service in the Bank:
Provided that with effect from 1st day of May, 2005 the provisions of this clause shall have effect in relation to an employee who retired or died while in service on or after 1st day of April, 1998 but before 30th day of April, 2005.".(Amended in Dec 2017)" xxxx xxxx xxxx "35. Amount of Pension.
(1) In respect of employee who retired between the 1st of January 1986 but before the 31st day of October 1987, basic pension and additional pension will be updated as per the formula given in Appendix-I.
(2) In the case of an employee retiring in accordance with the provision of the Service Regulations or Settlement after completing a qualifying service of not less than thirty-three years the amount of basic pension shall be calculated at fifty per cent of the average emoluments.
(3) (a) Additional pension shall be fifty per cent of the average amount of the allowance drawn by an employee during the last ten months of his service;
(b) no dearness relief shall be paid on the amount of additional pension.
Explanation: - For the purpose of this sub-regulation "allowance" means allowance which are admissible to the extent counted for making contributions to the Provident Fund. (4) Pension as computed being aggregate of sub-regulation (2) and (3) above shall be subject to the minimum pension as specified in these regulations.
(5) An employee who has commuted the admissible portion of his pension as per the provisions of Regulation 41 of these Regulations shall receive only the balance of pension, monthly.
- 8 - (6) (a) In the case of an employee retiring before completing a qualifying service of thirty-three years, but after completing a qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under subregulations (2) and (3) and in no case the amount of pension shall be less than the amount of minimum pension specified in these regulations.
(b) Notwithstanding anything contained in these regulations, the amount of invalid pension shall not be less than the ordinary rate of family pension which would have been payable to his family in the event of his death while in service.
(7) The amount of pension finally determined under these regulations shall be expressed in whole rupee and where the pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee."
xxxx xxxx xxxx "38. Determination of the period of ten months for average emoluments. -
(1) The period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date of retirement.
(2) In the case of voluntary retirement or premature retirement, the period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date on which the employee voluntarily retires or is premature retired by the Bank.
(3) In the case of dismissal or removal or compulsory retirement or termination of service, the period of the proceeding the months for the purpose of average emoluments shall be reckoned from the date on which the employee is dismissed or removed or compulsorily retired or terminated by the Bank.
(4) If during the last ten months of the service, an employee had been absent from duty on extraordinary leave on loss of pay or had been under suspension and the period whereof does not count as service, the aforesaid period of extraordinary leave or suspension shall not be taken into account in the calculation of the average emoluments and equal period before the ten months shall be included."
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1. Whether speaking/reasoned?
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Yes/No
2. Whether reportable?
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Yes/No