BIPIN MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The core issue which arises for consideration is whether the Court should issue a mandamus upon respondent Bank, which is Punjab National bank, to do something which they are not obliged to do in terms of the rules or whether they can be compelled to do something contrary to the rule and requirements thereunder.

(2.) Petitioner wants a direction upon the respondent Bank to enroll him under the Pension Scheme and start paying the pension since he is a retired employee of the Bank and superannuated on 31.8.209.

(3.) Prior to 2010, there was a scheme for contributory provident fund and not pension for the employees of the Bank. However, based on an agreement reached between the employees and the Bank, a Pension Scheme was introduced and notified, a copy of which is Annexure-A to the counter affidavit filed on behalf of the Bank. As per the provisions of Annexure-A, all the existing employees and the retired employees were given a window of 60 days to submit option letter and after the expiry of the period so fixed, every employee was required to refund the contributory payment of the Bank to the Bank in one instalment as per the norms agreed between the Bank and the employees reflected in the Pension Scheme.