VidhiSangh

Supreme Court of India · 15/07/2025

VIJAY KUMAR versus CENTRAL BANK OF INDIA & ORS.

[2025] 7 S.C.R. 523 · 2025 INSC 848

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Summary

Construing Regulation 33 of the Central Bank of India (Employees') Pension Regulations, 1995, the Supreme Court held that clauses (1) and (2) must be read together: a compulsorily retired employee is entitled to not less than two-thirds of full pension, and any reduction below full pension requires prior consultation with the Board of Directors, for which post facto approval is no substitute. The Field General Manager's order reducing the appellant's pension by one-third without such consultation was set aside.

Issues

  1. Whether clauses (1) and (2) of Regulation 33 of the Pension Regulations operate independently, so that a superior authority reducing pension under clause (1) need not consult the Board of Directors, or whether they must be read conjointly.
  2. Whether the word 'may' in Regulation 33(1) confers a discretion to grant a compulsorily retired employee pension below two-thirds of full pension, or no pension at all absent an order under clause (1).
  3. Whether the requirement of prior consultation with the Board of Directors before awarding less than full pension is mandatory, and whether ex post facto approval by the Board would suffice.
  4. Whether the Court should invoke Article 142 of the Constitution to endorse the reduction of pension notwithstanding the procedural lapse.

Provisions considered

Held

Result

Appeal allowed. The High Court's order and the Field General Manager's order dated 07.08.2015 reducing pension without prior consultation of the Board of Directors set aside. The Bank is free to take a fresh decision on reduction of pension, after hearing the appellant and with prior consultation of the Board, within two months of the judgment, failing which the appellant is entitled to full pension from the date of superannuation.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 523.