CHHATTISGARH RAJYA GRAMIN BANK Vs. NITESH SHARMA

JUDGEMENT

(1.) This writ appeal is directed against the impugned order dated 17- 4-2023 passed by the learned Single Judge in W.P.(S) No.10768/2019, by which the learned Single Judge has granted the writ petition filed by the respondent / writ petitioner holding him to be entitled to opt for family pension as per the new Regulations which became effective with effect from 26/12/2018.

(2.) The aforesaid challenge to the impugned order has been made on the following factual backdrop: -

(3.) The writ petitioner's father - Shri P.P. Sharma was a retired officer of the Chhattisgarh Rajya Gramin Bank, he was getting family pension and received that pension till his death on 3-1- 2015 and immediately after the sad demise of Shri P.P. Sharma, his widow wife also died unfortunately on 27/5/2015 and on 26-3- 2019, the petitioner, who is one of the sons of Shri P.P. Sharma being differently abled person, received a letter from the Bank dtd. 26/3/2019 in the name of his mother Smt. Sita Devi Sharma stating therein that new pension scheme has come into effect from 26/12/2018, but she has not submitted the option form till 26/3/2019, though the requisite form was sent to her on 29/1/2019. Mother of the petitioner Smt. Sita Devi Sharma (though she was already died on 27/5/2015) was informed / directed by the Bank to submit option form as well as refund the entire final amount received by the family under the Employee Pension Scheme 1995 till 23/6/2019 as it was the last date of coming into force of the option letter as per the New Pension Regulations 2018. The petitioner filed an application dated 20-4- 2019 (Annexure P-6 attached with the writ petition) stating that he is out of Bilaspur on account of employment, therefore, time be extended for 15 days and he submitted option form on 8-5- 2019 which was not accepted and by order dtd. 21/9/2019, his application was rejected as he did not fill up the form / other formalities till 24/4/2019 which the petitioner challenged by way of writ petition under Article 226 of the Constitution of India being W.P.(S)No.10768/2019 and by the impugned order, the learned Single Judge granted the writ petition on the ground that pension is a right not a bounty or gratuitous payment which the appellant Bank has questioned by way of this writ appeal.