GYANI RAM Vs. SBBJ AND ORS.

JUDGEMENT

(1.) The respondent -Bank declined the claim of the petitioner to include him in the Pension Scheme in the backdrop of the Terms of Settlement dated 27th April, 2010; aggrieved of the action, the petitioner has instituted the present writ application praying for the following relief(s): -

(2.) Shorn of unnecessary details the indispensable materials facts necessary for appreciation of the controversy raised herein needs to be first noticed. The petitioner was initially appointed as 'Riffle Man' in Indian Army on 14th October, 1963. On 24th July, 1972, the petitioner accepted appointment as 'Watchman -cum -Peon' with the respondent -Bank. In the year 1978, the petitioner was accorded promotion as 'Head Guard -cum -Peon'. It is pleaded case of the petitioner that in the year 1995, he has submitted his option opting for pension by filling up a form in triplicate, which was submitted to the Branch Manager. The petitioner, being not well educated and a poor person, was kept in dark and deprived of pension. Out of total period of 36 years of service, the petitioner served the respondent -Bank for 30 years, yet he has been deprived of pension.

(3.) Learned counsel for the petitioner reiterating the pleaded facts and grounds of the writ application, emphatically argued that the petitioner on account of his mental illness and family problems, tendered his resignation. However, he was formally/verbally retired on 31st March, 2002, before attaining the age of superannuation. It is further contended that a representation was addressed on 4th October, 2005, did not evoke any response. So also, the legal notice for demand of justice dated 12th October, 2007, was ignored impelling the petitioner to institution of the instant writ application.