Sir,
Recently a pension option was announced for bank employees. One of the eligibility criteria is resignation before 26th April 2010. An employee has resigned on March 9,2009 and was relieved on June 3,2010. Notice period was of one month and even after continuous follow up he was not relieved. Now the bank says he is not eligible for pension as he was in bank’s service even after 26th April 2010.
The employee’s representation is he fulfils the eligibility criteria. However, bank’s contention is date of resignation is June 3, 2010.
Request experts views whether the date of resignation and date of relieving are two different dates.
Sunil Sathe
From India, Mumbai
Recently a pension option was announced for bank employees. One of the eligibility criteria is resignation before 26th April 2010. An employee has resigned on March 9,2009 and was relieved on June 3,2010. Notice period was of one month and even after continuous follow up he was not relieved. Now the bank says he is not eligible for pension as he was in bank’s service even after 26th April 2010.
The employee’s representation is he fulfils the eligibility criteria. However, bank’s contention is date of resignation is June 3, 2010.
Request experts views whether the date of resignation and date of relieving are two different dates.
Sunil Sathe
From India, Mumbai
Hi,
Obviously date of resignation and date of relieving are different.
Resignation date is the date of resignation submitted by the employee. Relieving date will be post resignation date after due completion of notice period. At times if the employee is relieved on the resignation date itself then resignation and relieving date will be same. But resignation date cannot be beyond relieving date.
In the case study referred by you what is the guideline issued by the bank ?
If it is " resignation before 26th April 2010" then the particular employee is eligible for pension as he had submitted resignation on March 9,2009 itself which is well before 26th Apr,2010. However as per guideline if " the relieving date is before 26th Apr,2010" then employee will not be eligible for pension. But even in this case the delay relieving is from Bank side and hence the decision of the Bank can be challenged.
From India, Madras
956Obviously date of resignation and date of relieving are different.
Resignation date is the date of resignation submitted by the employee. Relieving date will be post resignation date after due completion of notice period. At times if the employee is relieved on the resignation date itself then resignation and relieving date will be same. But resignation date cannot be beyond relieving date.
In the case study referred by you what is the guideline issued by the bank ?
If it is " resignation before 26th April 2010" then the particular employee is eligible for pension as he had submitted resignation on March 9,2009 itself which is well before 26th Apr,2010. However as per guideline if " the relieving date is before 26th Apr,2010" then employee will not be eligible for pension. But even in this case the delay relieving is from Bank side and hence the decision of the Bank can be challenged.
From India, Madras
It is a good case.
As a matter of fact the employee had resigned before 26th April, 2010, and the bank has accepted after April, 2010 ( June, 2010). It is not the problem of the employee, it is the bank, who decided, to accept his resignation after the due date i.e 26th April, 2010, knowing pretty well due date.
The bank has not communicated the employee of the reasons not relieving before the due date.
It can be safely challenged before the court of law.
From India, Hyderabad
As a matter of fact the employee had resigned before 26th April, 2010, and the bank has accepted after April, 2010 ( June, 2010). It is not the problem of the employee, it is the bank, who decided, to accept his resignation after the due date i.e 26th April, 2010, knowing pretty well due date.
The bank has not communicated the employee of the reasons not relieving before the due date.
It can be safely challenged before the court of law.
From India, Hyderabad
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