Court No. - 34
Case :- WRIT - A No. - 41844 of 2005 Petitioner :- Ugrasen Singh Respondent :- Allahabad Bank Thru' Chief Manager & Ors. Counsel for Petitioner :- Rama Nand Pandey,P.N. Pandey Counsel for Respondent :- Sanjeev Singh,S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Amit Kumar Singh, learned counsel for petitioner and learned Standing Counsel for State.
2. The present writ petition has been filed seeking a writ of mandamus commanding respondents to release retiral benefits and other dues.
3. Petitioner was appointed as Arm Guard in Allahabad Bank, Khalilabad Branch, District Basti on 26.03.1984. After attaining the age of superannuation, he retired on 31.07.2003. Gratuity as well as provident fund were paid to petitioner vide letters dated 07.10.2003 and 18.11.2003, respectively. During period of petitioner's service, Branch Manager had issued appreciation certificate dated 22.07.2003, 31.07.2003 and 04.03.2005. After retirement, pension has not given to petitioner and, thus, petitioner sent representations dated 22.12.2004 and 22.02.2005 to respondent-2, Deputy General Manager of Allahabad Bank for providing pensionary benefits.
4. Learned Standing Counsel has relied on Allahabad Bank (Employees') Pension Regulations, 1995 and it is stated that under aforesaid Regulations, all employees were required to exercise option for pension within 120 days from the date of notification of scheme i.e. 29.09.1995. Since petitioner has not exercised such option, therefore, he is not entitled for pension. Only those persons, who exercised such option, were entitled for pension.
5. It is not averred anywhere in the writ petition that any option was exercised by petitioner or that he was not given any opportunity to exercise such option. Learned counsel for petitioner has also not argued that petitioner was not aware about aforesaid Regulations and was not given any opportunity to exercise option. Once such option was not exercised by petitioner, in absence of any provision entitling petitioner to pension, no such direction can be issued.
6. In these facts and circumstances, no relief can be granted to petitioner. Dismissed accordingly.
Order Date :- 23.8.2018 Siddhant Sahu