Visakhapatnam

Date:06-07-2020

To
The Chairman and Board of Directors,
A.P.Grameena Vikas Bank,
Head Office :: Warangal.

Respected Sir,

Sub: A Request to the Competent Authority for Grant of Invalid Pension from
the date of Removal.
Ref: 1. A.P.Grameena Vikas Bank Pension Regulations 2018.
2. Ghanshyambhai Muljibhai Patel vs Bank Of Inida on 11 February, 2013.
3. CIRCULAR LETTER NO:27/140/2015/36 Dated 6th July,2015.
4. G.O. NO.21/1/2016-P&PW(F) Ministry of Personnel, PG'& Pensions
Department of Pension & Pensioners' Welfare Dated:23 rd March,2016.

In contention to the Final order issued vide the

Lr.No.APGVB/V&DP/425/312/16-17 Dated 04-08-2016 ,I most humbly submit the following
Appeal for perusal, consideration and favorable justified action please.

At the Outset, I Express my gratitude to the Chairman and Board Members of

APGVB for imposing Major Panality of” Removal from Service which shall not be a
disqualification for future employment. With due respects I accept the Judgement
prounounced by the Punitive Authority and I am very much regretted for the penality imposed
with out considering humanitarian grounds keeping in view of my permanent disability.

I humbly submit that right from the day of my joining in the bank, I discharged
my duties deligently with devotion, winning the appreciation of my official superiors and also
admiration from the banking customers. I may further submit that there was not a single
occasion where I was pulled up for any omission/commission during my entire service in the
bank.

I most respectfully submit that the Punitive Authority has imposed most
deterrent punishment which is very horrible and disproportionate to the gravity of lapses
alleged against me.and I am thrown out of job,sir, by repudiating all the imputations which are
false, frivolous, fallacious and baseless framed against me, misinterpreting the facts with only
apprehensions and hallucinations by focusing unnecessary culpability which is sans-truth and
devoid of any reality without taking dispassionate view though I was not culpable or remiss of
my duty. I was floored, cheesed off, and hacked off with the affronted charge memo as my
kind officers ignored to adjudge the issue as it is only a bure-din for me to maintain the day to
day life with unemployment situation and I will be put to irreparable loss and I would fall in
doldrums eking my lively hood in streets in wheel chair and I am not in a position to put
before you my plight with my personal disability, but I leave to the kind imagination of your
noble minds.
 In this Connection I would Like to submit that with reference to the above
captioned subject and with references 1 st to 4th cited kindly Grant Invalid Pension on Account
of Disability which is attributable to Government Service as Per 10 th Bi-Parittee Settelement
and As per The claim was based on Rule 3-A of the Central Civil Services (Extra Ordinary
Pension) Rules, 1939 which is extracted here below :-
"3-A. (1) (a) Disablement shall be accepted as due to Government service, provided that it is
certified that it is due to wound, injury or disease which,
(i) is attributable to Government service, or
(ii) existed before or arose during Government service and has been and remain aggravated
thereby

In this Connection I vehemently submitted that As per Regulation 28 Invalid

pension of AP Grameena vikas bank pension regulations 2018
(1) Invalid pension may be granted to an employee who, -
(a) has rendered minimum ten years of service; and
(b) retires from the service on or after the effective date on account of any bodily or mental
infirmity, which permanently, incapacitates him for the service.

On conjoint reading of above provision in the Regulations of the respondent

Bank, it becomes clear that though Regulations were framed in the year 2018, its effective
date is 01.09.1987, since even those who have retired or died after 01.09.1987 are held to be
eligible to get pension/ family pension.

Those who were imposed penalty of Removal from service or those who were
invalidated from service after 01.09.1987 but prior to 01.04.2018, were held to be not entitled
to pension in view of effective or cut-off date I.e; 01-04-2018 prescribed in Regulation Nos. 28
and 29 respectively is arbitrary, discriminatory and violative of Articles 14 and 16 of the
Constitution as referred above.

The conjoint reading of above Regulations also suggests that, even after
01.04.2018, those who have retired on superannuation, those who have retired voluntarily,
and those who are made to retire compulsorily, invalidated out of service, all are treated
equally Between the period 01.09.1987 to 01.04.2018, Those who retired/died, on
superannuation, those who have retired voluntarily, and those who are made to retire
compulsorily, invalidated out of service after 01.09.1987 and prior to 01.04.2018 , or even
after 01.04.2018, they both are treated equally and are entitled to pension,

Looking from different angle, these Regulations treated even those employees
entitled to pension, who either invalidated out of service or were given removal from service
by way of penalty, if such retirement was even after 01.04.2018 are treated equally and are
entitled to pension with who retired between the period 01.09.1987 to 31.03.2010 and who
retired after 01.04.2010 and prior to 01.04.2018 . But it is not in dispute that the employees
who either invalidated out of service or were given removal from service by way of penalty
renders such employees ineligible for pension who retired after 01.04.2010 and prior to
01.04.2018. Thus, in effect, it is the effective or cut-off date of 01.04.2018 and not the
substance of Regulations No.28 and 29, which renders such employees ineligible for pension
who retired after 01.04.2010 and prior to 01.04.2018 and also the context of the provision
reads with in the regulations 28 "Invalid pension may be granted "is very clear that even in
cases of employees who either invalidated out of service or were given removal from service
by way of penalty renders such employees eligible for pension on or after effective date
01.04.2018, but it is no where evident in the above said regulations 28 and 29 renders such
employees who either invalidated out of service or were given removal from service by way of
penalty are ineligible for pension who retired after 01.04.2010 and prior to 01.04.2018 and
again the context of the provision reads with in the regulation 3 (3) of as per of AP Grameena
vikas bank pension regulations 2018 of CHAPTER II: APPLICATION AND ELIGIBILITY it is very
clear that Notwithstanding anything contained in this regulation, any employee who joined
the service of the Bank on or after the 1st April, 2010 shall have an option either to be covered
by the National Pension System or to continue to be governed under the Employees’ Pension
Scheme, 1995. Therefore from the above said regulations which renders such employees
eligible for pension who retired after 01.04.2010 and prior to 01.04.2018 equally with who
retired / died on or after effective date 01.04.2018.

The petitioner submitted that Invalid Pension is one class of pension and those
who are were invalidated out of service or removal from service retired for misconduct, on
and after 01.04.2018 are entitled to be considered for grant of pension in terms of Regulation
No.28 and 29, which is reproduced above. It is pointed out that it is the cut off date in this
regard, which is coming in the way of petitioner. It is indicated that, had the date of
punishment order been, after 01.04.2018 but before issuance of Pension Regulations which
happened in the year 2018, then also the petitioner was entitled to pension, as per the
Regulation of the respondent Bank itself. So far as prescription of 01.04.2018 as the effective
or cut-off date is concerned, according to learned counsel for the petitioner, the same is
arbitrary, it has no rationale and this issue, according to him, is already concluded by the
decisions of various High Courts, as confirmed by Honourable the Supreme Court of India.

After referring to various judgments of Honourable the Supreme Court of India,

as well as taking note of the fact that, those who have retired, died,voluntarily retired,
compulsorily retired and invalidated out of service after 01.09.1987 and prior to 01.04.2018
were entitled to pension by the same Regulations of the Andhra Pradesh Grameena Vikas
Bank pension regulations 2018. Therefore the decision of the respondent Bank, of denying
consideration of the case of petitioner for grant of pension under Regulation No.28, only on
the ground that punishment order was prior to 01.04.2018, is set aside and the respondent
Bank has to consider the case of the petitioner for pension, in accordance with the substance
of Regulation No.28, ignoring the effective or cut-off date I.e; 01.04.2018 prescribed therein
and pass generous orders in the interest of principles of natural justice.

Therefore I am eligible and entitled to the benefits of the extraordinary Disability

pension and other allied benefits, as contemplated in terms of Rule 3-A under regulation 28 of
the bank. Therefore,I earnestly request the Board members to consider the above points
judiciously and sympathetically keeping in view of my future career. I pray your kind selves to
please view the matter leniently for which act of benevolence in the Interest of Principles of
Natural Justice, Equity and Fair play.
I shall be highly grateful to you sir.

Be pleased to consider.
Yours Faith Fully,

(G.V.S.SANTOSH KUMAR)
ID NO.3791