MANGAT RAI SHARMA Vs. INDIAN BANK

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, petitioner, who was an employee of the respondent/Indian Bank seeks the relief that he be granted pension w.e.f 01.9.2010 on account of he having validly exercised the option of pension on 28.8.2010 i.e well before the cut off date of 20.11.2010.

(2.) The limited issue in the present case is that whether the petitioner had exercised his option before the cut off date of 20.11.2010. The respondent/Bank rejected the pension option on the ground that the petitioner had only applied on 23.12.2010 i.e after the cut off date of 20.11.2010, and this aspect is mentioned in the impugned letter of the respondent/Bank dated 23.12.2010 issued to the petitioner.

(3.) Petitioner along with the writ petition has filed an Annexure P-3, his exercise of option for pension dated 28.8.2010, and though the respondent/Bank has denied receiving the same in the counter-affidavit, however, the respondent/Bank s own letter dated 16.12.2010 shows that the petitioner had duly given his option in terms of his form dated 03.9.2010 i.e before 20.11.2010. Since the letter of the respondent/Bank dated 16.12.2010 is decisive of the issue, the same is reproduced as under:- <FRM>JUDGEMENT_441_LAWS(DLH)4_2015.htm</FRM>