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Supreme Court of India 2019-04-30 allowed

Narendra Kumar vs Chairman and Managing Director, Syndicate Bank & Ors

Bench: 3 — Sanjay Kishan Kaul

In Brief

Narendra Kumar, a Syndicate Bank employee, was sent on multiple deputations and obtained a No Objection Certificate to apply for the post of Presiding Officer at a Debt Recovery Tribunal. Upon appointment in January 2006, he took charge without immediately reporting back to the bank. The bank later denied his pension, claiming he had interrupted service. The Supreme Court held that merely failing to physically report for a couple of days before joining the new post does not constitute an 'interruption in service'. The bank's reliance on this technical ground to forfeit pensionary benefits was unjustified, especially given the 11-month silence on the bank's part and the Ministry of Finance's finding that the bank's action was inappropriate. The appeal was allowed.

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