GENERAL MANAGER PUNJAB NATIONAL BANK Vs. JAMNA DEVI

JUDGEMENT

(1.) This special appeal is directed against the order of the learned single Judge dated December 16, 2002 passed in S.B. Civil Writ Petition No. 2380/2002.

(2.) The brief facts giving rise to this appeal are as follows: In the year 1979, the husband of the petitioner was appointed as peon in the New Bank of India. Subsequently New Bank of India was amalgamated with the Punjab National Bank. On 16/01/1988, Hiralal-the husband of the petitioner died while in service. On the date of his death, he had completed about 11 years of service in the Bank. It is not in dispute that at the time of his death, Provident Fund Scheme was in vogue.

(3.) Subsequently, the Punjab National Bank framed the Punjab National Bank (Employees) Pension Regulations, 1995 (for short 'the Regulations') which amongst other things made provision for grant of pension to its retired employees and family pension to the families of the deceased employees, provided they opted for the same in the prescribed manner. Regulation 3(7) of the Regulations, infer alia, provides that the family of a deceased employee who died before 1/10/1993 shall be entitled to receive family pension if his family opts in writing within 120 days from the notified date of becoming member of the Fund and refunds within 60 days of the expiry of the aforesaid period of 120 days the entire amount of Bank's contribution to the Provident Fund and interest accrued thereon together with further simple interest @ 6% per annum from the date of settlement of the Provident Fund account till the date of refund of the amount to the Bank.