RAJ BALA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE petitioner seeks the benefit of a, PF and Pension Circular No. 8/2010, issued by the respondent Bank on 16.08.2010, in terms whereof, family members of employees who were in the service of the Bank prior to 29.09.1995 but had died while in service after that date but before 27.04.2010, would be eligible for family pension. That circular, inter alia, granted the family members an opportunity to exercise the option of receiving family pension instead of Provident Fund. They were permitted to exercise this option between 27.08.2010 and 25.10.2010. There was also a condition that anyone exercising this option was also required to refund 156% of the Provident Fund that had been disbursed to the deceased employee. This refund was to be made between 26.10.2010 to 24.11.2010.

(2.) THE husband of the petitioner is stated to have died in December 2008. It is also not in dispute that her husband was in service of the Bank prior to 29.09.1995 and consequently, these two conditions were met.

(3.) COUNSEL further states that in fact, the petitioner was not obliged to take any steps towards deposit of the amount till the appropriate advice quantifying the amount payable by his client was given to his client in terms of paragraph 8 of the aforesaid Circular No. 8/2010. Paragraph 8 of the circular states as follows: