LAWS(P&H)-2014-8-134

RESHAM SINGH Vs. ALLAHABAD BANK

Decided On August 04, 2014
RESHAM SINGH Appellant
V/S
ALLAHABAD BANK Respondents

JUDGEMENT

(1.) THE petitioner is praying for a direction for granting interest on the arrears of payment of pension, which comes to Rs. 2,36,626.46 upto February, 2011.

(2.) ADMITTEDLY , the petitioner had filed a suit for declaration that he was entitled for grant of pensionary benefits and was also entitled for the interest on the same, w.e.f. 01.07.1996. The Civil Court found that the Department was yet to decide the option claimed for the pensionary benefits and the petitioner was already enjoying the amount released to him in the shape of contributory Provident Fund and Gratuity, since his retirement. Accordingly, a direction was issued to refund the same and the suit was decreed, partly, to the extent that the petitioner was held entitled for grant of pensionary benefits from the date of his retirement, i.e., 30.06.1986 in view of the Allahabad Bank (Employees') Pension Regulations 1995 dated 16.11.1995 and option dated 19.01.1996, submitted by the petitioner. The petitioner had to comply with the relevant provision regarding refund of share of Provident Fund contributed by the Bank along with interest @ 6% per annum, vide judgment and decree dated 22.04.2009 (Annexure P1). It is pertinent to mention that in the decree, the relief for interest, as claimed, was never granted, which would be clear from the decree -sheet, relevant portion of which reads as under:

(3.) THE present writ petition has, now, been filed for the benefit of interest on the pension amount.