ANITA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 15/11/2011 (Annexure P-11) whereby claim of the petitioner qua pensionary benefits/family pension has been declined.

(2.) The husband of petitioner No.1 joined respondent-Bank as Clerk in February' 1979 and he passed away on 19/2/1994 in harness. The petitioner No.2 is son of deceased employee. The petitioner No.2 passed his 12th standard examination in 2002 and thereafter in 2004 applied for compassionate appointment. The respondent vide order dtd. 13/8/2004 rejected application of the petitioner seeking compassionate appointment. The petitioners preferred CWP No.17666 of 2006 before this Court seeking setting aside of order dtd. 13/8/2004 passed by the respondents. A Division Bench of this Court vide order dtd. 29/8/2008 disposed of said petition with liberty to petitioner to approach respondents for retiral benefits except appointment on compassionate ground. The relevant extracts of the order dtd. 29/8/2008 reads as:

(3.) The petitioner vide application dtd. 12/9/2008 requested the respondent to grant her family pension and other retiral benefits. The respondent did not adjudicate said application and petitioner preferred CWP No.3345 of 2010 before this Court seeking direction to respondents to decide her representation. The respondent vide order dtd. 15/11/2011 (Annexure P/11) rejected claim of the petitioner on the ground that petitioner was supposed to exercise option of family pension within 120 days from the notified date whereas petitioner is attempting to exercise option after 12 years.