NEMARAM GEHLOT Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The present writ petition has been preferred against the communication dtd. 11/2/2011 (Annex.9) whereby the option form preferred by the petitioner to join the pension scheme has been rejected on the premise that he is not eligible to exercise another pension option.

(2.) The facts of the case are that the petitioner who was appointed as a regular Class IV employee with the Punjab National Bank on 31/12/1977, after completion of more than 30 years of service, on 27/11/2007, applied for resignation from the service w.e.f. 29/2/2008. Before the said application could be accepted or responded upon, vide the subsequent application dtd. 11/12/2007, he made a clarification that his earlier application dtd. 27/11/2007 be treated to be an application for voluntary retirement and not for resignation. The application dtd. 11/12/2007 was taken note of by the concerned Bank Manager and on the same date, the said fact was communicated to the Regional Manager. The application preferred by the petitioner was accepted by the competent authority and he therefore, stood retired w.e.f. 29/2/2008.

(3.) In the year 2010, a bipartite settlement was signed between the Indian Banks' Association and different Bank Workmen Unions regarding various terms and conditions of the Bank employees. The said settlement also incorporated the Clause for award of pension to the Bank employees. In pursuance to the Memorandum of Settlement dtd. 27/4/2010, circular No.8/2010 dtd. 16/8/2010 (hereinafter referred to as 'Circular') was issued by the respondent Bank whereby an option was given to the employees of the Bank to opt for the pension scheme. A period of 60 days was granted to the eligible employees to exercise the said option and to become a Member of the pension fund.