AMARJIT SINGH PAHWA Vs. ALLAHABAD BANK AND OTHERS

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos. 16504 of 2001, 2902 of 2004, 2864 of 2004, 2863 of 2004, 2314 of 2004 and 2349 of 2004 as the common questions of law and facts have been raised in all the petitions.

(2.) The dispute raised by the petitioners is that after they have retired under the Allahabad Bank Employees' Voluntary Retirement Scheme (ABVERS)-2000 they are entitled to avail Bank's old pension in lieu of the gratuity particularly in terms of classification issued on 04.06.2002 (P-7). The respondents have been resisting the same. On the last date of hearing, this Court has asked the learned counsel for the respondents-Allahabad Bank to seek instructions as to why the benefit of instructions dated 04.06.2002 (P-7) has not been granted to them. Ms. Meenakshi Choudhery, learned counsel for respondents-Allahabad Bank has now stated that the petitioners have not approached the authorities stating their claims on the basis of instructions/amendment of eligibility criteria of old pension in lieu of gratuity issued on 04.06.2002 (P-7). The relevant extracts of the clarification dated 04.06.2002 (P-7) reads as under :-

(3.) Mr. H.C. Arora, learned counsel for the petitioners states that the petitioners would be satisfied to approach the respondent-Allahabad Bank for grant of relief in terms of aforesaid instructions as per the statement made by the respondents through its counsel. The petitioners who have retired under the Allahabad Bank Employees' Voluntary Retirement Scheme (ABEVRS)-2000 may refund the amount of gratuity in terms of instructions dated 04.06.2002, which might be received by them with an irrevocable undertaking to the effect that they desire to avail Bank's old pension in lieu of gratuity. Upon refund of gratuity by them with the aforesaid undertaking, old pension shall be released to them along with arrears.