S. VASANTHA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) It is the case of the petitioner that she joined the service of the respondent - Central Bank of India as a clerk on 7/12/1968. Subsequently, she was promoted as an Officer in Junior Manager Grade Scale-I on 28/1/1980. It is stated that she had opted for voluntary retirement under the Voluntary Retirement Scheme and retired from service on 30/6/2001. The grievance of the petitioner is that the respondents are not paying pension to her from 1/7/2001.

(3.) The learned counsel for the petitioner has stated that due to the mistake committed by the respondent Bank authorities, the petitioner cannot be blamed and denied the benefits of pension. The learned counsel has drawn the attention of this Court to the letter dtd. 24/11/2000 addressed by the Chief Manager, Central Bank of India, to the PRS Department, Zonal Office, Hyderabad, which shows that the petitioner had opted for the pension way back in the year 1996 itself. Moreover, the petitioner was diligent in pursuing the matter with the respondent Bank authorities and the correspondence between the petitioner and the respondent Bank authorities substantiates the same. Therefore, the letter dtd. 24/12/2001 addressed by the Chief Manager - PRS, Central Bank of India, to the petitioner herein stating that she is nonoptee of pension as per the records, is contrary to the letter dtd. 24/11/2000, wherein it is clearly stated that the petitioner has opted for the pension in 1996 itself. The learned counsel has further stated that in the counter affidavit filed by the respondents, they have made self contradictory statements and in the additional counter affidavit, a new plea has been taken stating that the petitioner has given an undertaking opting for new pension. The learned counsel has stated that the said undertaking given by the petitioner cannot be construed as waiver of her right to receive the pensionary benefits, which are due to her from 1/7/2001 to 26/11/2009. In support of the said contentions, the learned counsel has relied on the judgment of the Hon'ble Supreme Court in D.S.Nakara v. Union of India,(1983) 1 Supreme Court Cases 305.