A C AGGARWAL Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The petition impugns the communication dated 24 th November, 2001 of the respondent Bank directing the petitioner to inter alia refund the entire gratuity amount received by him as a pre-condition for release of pension to him. The petition also seeks mandamus to the respondent Bank to release the arrears of pensionary benefits with effect from the date from which the petitioner stood retired i.e. 30 th April, 2001 along with interest @ 24% per annum and to continue to pay pension to the petitioner.

(2.) Notice of the petition was issued. The petition was thereafter directed to be listed before the Division Bench owing to pendency of LPA 585/2000 then stated to be pending before the Division Bench and entailing the same issue. Rule DB was issued on 21 st July, 2004. Pleadings have been completed and counsels have been heard.

(3.) Undisputed facts are, that the petitioner joined the employment of the respondent Bank as a Clerk w.e.f. 1961; the respondent Bank, established in the year 1865 had granted pensionary benefits to its employees since the year 1890; with effect from 2 nd March, 1912 the benefit of Contributory Provident Fund (CPF) was also extended to the employees of the respondent Bank; the employees of the respondent Bank thus at the time when the petitioner joined the employment were enjoying the twin benefits of pension and CPF. The petitioner on 30 th April, 2001 was relieved from the service of the respondent Bank, having availed of voluntary retirement and was in September/October, 2001 paid gratuity of '3.5 lacs and the proceeds of the CPF were also released to him. The petitioner claims that he was also entitled to pension but which was not released and the respondent Bank ultimately vide letter dated 24 th November, 2001 impugned in this petition asked the petitioner to inter alia refund the amount received by him towards gratuity as a pre-condition for release of pension. The petitioner contends that he is entitled to pension in addition to gratuity and without being required to refund the gratuity amount received.