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Eligibility of pesion on resigning with a request to release from bank service with pension

(Querist) 02 December 2014 This query is : Resolved 
I submitted my resignation on 19.12.2013 with a request to release me with pension benefit from Bank's service while working as Manager in Scale-II after putting in more than 33 years of service on medical ground giving 3 months notice which was accepted by authority at Circle Office with effect 16.01.2014 and was released from service on 30.04.14. I had submitted my Pension payment proposal from the Branch where I was working as Branch Manager 09.04.2014. Authority never asked any medical documentary evidences from me to show that I was medically unfit. They even did not refer me to medical Board.
I approached my authority in writing several times at Circle Office to release my pension but never replied to any of my letter. Finally on 24.09.2014 Head Ofiice, PF & PENSION Department informed me in writing that I do not qualify for Pensionary benefit as I have resigned.
Under above circumstance Kindly advice me my future recourse, my legal stand for eligibility of pension and also let me know the limitation period for filling WRIT petition with High court Kolkata if I am finally required to approach court for the same.
Kindly reply.
Guest (Expert) 02 December 2014
Dear Mr. Bansidhar,

There is no shortcut route to the future course of action for establishing your eligibility of pension when you have already made the biggest blunder of life of resigning from a penionable job after putting in a long service of 33 years. You may have to struggle very hard and for long to get some benefits of your service.

Resignation from Government or PSU service is treated as severance of all relations disqualifying the employee from any claim of pension, etc. You can claim only PF money by applying on a prescribed form for final withdrawal of PF.
Guest (Expert) 02 December 2014
With out Entering In to Legal Fights Seek the Help of Your Unions and Sort it out amicably.
Devajyoti Barman (Expert) 05 December 2014
agree with experts.
Guest (Expert) 05 December 2014
The only alternative with you is the administrative remedy, not legal remedy, if the management is ready to accept your withdrawal of resignation by condoning break in sevice in between the date of your reaif and reinstatement, or treating that period, as leave without pay. That way, you would be able to restore your claim for pension for past service also.
Rajendra K Goyal (Expert) 05 December 2014
Approach the higher authorities enclose the medical proofs.


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