Madras High Court
N.Jayanthi vs Indian Bank on 3 August, 2023
W.P.Nos.33669 to 33671 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.33669 to 33671 of 2014
and M.P.No.1 of 2014
and W.M.P.Nos.16948 and 17008 of 2017
W.P.No.33669 of 2014:-
N.Jayanthi ... Petitioner
-Vs-
1. Indian Bank,
represented by its Chairman and Managing Director,
Corporate Office/Head Office,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 014.
2. The Assistant General Manager,
Indian Bank,
Corporate Office/Head Office,
HRM Department, I.R.C., II Floor,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 004. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the impugned letter issued by the second respondent bearing
No.Pension:25749:18:2010-11 dated 15/16.12.2010 and to quash the same and
consequently direct the respondents to process the pension application of the
petitioner dated 04.10.2010 and sanction pension to the Petitioner within a time
frame.
https://www.mhc.tn.gov.in/judis
W.P.Nos.33669 to 33671 of 2014
W.P.No.33670 of 2014:-
T.Sathya ... Petitioner
-Vs-
1. Indian Bank,
represented by its Chairman and Managing Director,
Corporate Office/Head Office,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 014.
2. The Assistant General Manager,
Indian Bank,
Corporate Office/Head Office,
HRM Department, I.R.C., II Floor,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 004. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, directing the Respondents to process the
pension application of the petitioner dated nil and sanction pension to the
Petitioner from the date she became eligible with all arrears of pension with
applicable rate of interest within a time frame.
W.P.No.33671 of 2014:-
P.Logambal ... Petitioner
-Vs-
1. Indian Bank,
represented by its Chairman and Managing Director,
Corporate Office/Head Office,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 014.
2. The Assistant General Manager,
Indian Bank,
Corporate Office/Head Office,
HRM Department, I.R.C., II Floor,
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W.P.Nos.33669 to 33671 of 2014
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 004. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, directing the Respondents to process the
pension application of the petitioner dated 30.08.2010 and sanction pension to
the Petitioner from the date she became eligible with all arrears of pension with
applicable rate of interest within a time frame.
In all W.Ps
For Petitioners : Mr.K.M.Ramesh
For Respondents
R1 : M/s Rita Chandrasekar
for Aiyar and Dolia
R2 : Notice served
No appearance
COMMON ORDER
W.P.No.33669 of 2014:-
This Writ Petition has been filed as against the order passed by the
second respondent, thereby rejected the request made by the petitioner to
consider her option for joining in the Pension Scheme.
2. The petitioner's husband died while he was in service as Clerk-cum-
Shroff in the respondents' branch on 10.02.2002. There was pension settlement
dated 29.10.1993 and the Pension Regulation 1995, where a number of
employees opted for pension and they became members of the Pension Scheme
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W.P.Nos.33669 to 33671 of 2014
and they have to surrender only the Banks' contribution to the Provident Fund
Account along with interest accrued thereon to the pension fund. However, the
petitioner's husband did not opt for pension when the pension scheme was
introduced. Considering the fact that those who were not opted for pension
earlier, various Unions raised a demand for extending second option to such
employees as similar options were extended to the employees of Reserve Bank
of India in the year 2000. Thereafter, all the Unions were called for, to enter
into a Memorandum of Understanding on 27.11.2009, thereby another option to
join the Pension Scheme to the leftover employees was extended.
3. On 27.04.2010, the Indian Bank's Association and different Apex
Unions entered into pension settlement under Provisions of the Industrial
Disputes (Central) Act 1947 in respect of extending second option of pension
to those employees who did not opt for pension in the year 1993/1995.
Pursuant to the settlement, the respondents' Bank issued a notification dated
21.08.2010, thereby extended another option to join the Pension Scheme under
the Indian Bank (Employees) Pension Regulations, 1995. As per the
notification, offers to join the Pension Scheme opens on 23.08.2010 and closes
on 21.10.2010 and refund of Bank's contribution to PF along with stipulated
contribution for funding the gap should be refunded on or before 20.11.2010.
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W.P.Nos.33669 to 33671 of 2014
4. According to the petitioner, she had submitted her application dated
04.10.2010 through Sankarapuram Branch. Thereafter, she had received the
communication dated 09.11.2010 from the respondents asking her to remit the
pension fund gap contribution. Accordingly, she had remitted a sum of
Rs.1,47,738.24/- in her Savings Bank Account with Tennur Branch before
20.11.2010. After remittance of the said amount, she had submitted her
representation dated 08.12.2010 to consider her application for family pension.
However, the request made by the petitioner was rejected by the impugned
order of the second respondent, on the ground that the petitioner had not
submitted the application for pension and also not remitted the required funds
before 20.11.2010.
5. The learned counsel for the petitioner would submit that the petitioner
had submitted her application on 04.10.2010 itself which was well within the
time. She also remitted the required amount of Rs.1,47,738.24/- before
20.11.2010. Even then, the second respondent failed to consider the request
made by the petitioner. She had opted for family pension and as such her right
should not be prevented by saying that the application was not made within
time.
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W.P.Nos.33669 to 33671 of 2014
6. The learned counsel for the petitioner had relied upon the Judgment
of this Court in W.P.No.35055 of 2012 in the case of G.Samraj Jayakumar Vs
Indian Bank and Ors, wherein this Court held that what is relevant is the date
of exercising the option. The subsequent failure of the petitioner, if any, in not
once again reiterating the authorization to pay the provident fund can at best be
termed as a procedural one. It will not take away the entitlement of the
petitioner otherwise. The scheme has to be read as a whole. When the facts are
not in dispute that the petitioner has exercised his option as early as on
27.8.2010, which was duly received by the Branch, he cannot be non-suited on
a technical ground. It was further held that the petitioner has not given any
undertaking expressing his interest in not joining the pension scheme by way of
irrevocable undertaking letter. If one has to see the scheme as a whole, the
endeavour is to make an employee to come under the pension scheme. That is
the reason why the revised pay of 2.8 times is sought to be included as a matter
of course. It is only on an employee exercising the option of going out of the
pension scheme by giving irrevocable undertaking letter, the consequences
would follow.
7. In the above case, the facts are completely different. The brief fact in
the said case is that the applicant has made his application on 27.08.2010 to
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W.P.Nos.33669 to 33671 of 2014
join in the Pension Scheme. He also agreed to pay 2.8 times of revised pay.
Though the said amount was very much available in the bank as on 31.08.2010,
he has not given any authorization to debit the said amount.
8. Whereas in the case on hand, though the petitioner averred in the
affidavit that she had submitted her application on 04.10.2010 through
Sankarapuram Branch of the respondents, there is no proof to show that she
had submitted her application on 04.10.2010.
9. A perusal of the application which is annexed in the typed set of
papers revealed that it contains only the seal of the Bank and no signature is
found. The date is also not mentioned in the application. That apart, the
petitioner submitted another representation dated 08.12.2010, in which she
stated that after receipt of her application dated 04.10.2010, the second
respondent by its response dated 09.11.2010 asked the petitioner to remit the
pension fund gap contribution. Accordingly, she had remitted a sum of
Rs.1,47,738.24/- before 20.11.2010 in her Savings Bank account.
10. A perusal of the counter filed by the respondents revealed that the
petitioner submitted her application only on 14.12.2010, i.e., after the cut-off
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W.P.Nos.33669 to 33671 of 2014
date. The records also revealed that only after receiving the communication
from the respondents, the petitioner submitted the application on 14.12.2010.
The scheme cannot be extended to those who had not submitted the option
form in time. The option was open for 60 days despite which the petitioner
failed to exercise the same. Having failed to submit the option form within the
due date, the pension scheme could not be extended to the petitioner. Further
she also failed to remit any amount within the time i.e., on or before
20.11.2010.
W.P.No.33670 of 2014:-
11. This writ petition has been filed for direction directing the
Respondents to process the pension application of the petitioner dated nil and
sanction pension to the Petitioner from the date she became eligible with all
arrears of pension with applicable rate of interest within a time frame.
12. According to the petitioner, she submitted her application during the
first week of October, 2010 through Keelapuliyur Branch. Therefore, she was
served with a copy of the letter dated 06.10.2010 addressed to her husband to
remit the pension fund gap contribution. Accordingly, she remitted a sum of
Rs.1,03,061.40/- on 11.10.2010. The petitioner submitted her option form on
19.10.2010 and the same was received by the Corporate Office on 27.10.2019.
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W.P.Nos.33669 to 33671 of 2014
However, she had not remitted the requisite amount in her Bank account on or
before 20.11.2010. The petitioner is required to remit the amount of a sum of
Rs.1,03,061.40/- on or before 20.11.2010. However, a sum of Rs.73,000/- was
only available in her account on the cut of date viz., 20.11.2010. Therefore, the
option form submitted by the petitioner cannot be considered.
13. Further, a perusal of the communication dated 06.10.2010 addressed
to her deceased husband informing about the option to join the Pension
Scheme, revealed that it also not mentioned about her application details.
W.P.No.33671 of 2014:-
14. This writ petition has been filed for direction directing the
Respondents to process the pension application of the petitioner dated
30.08.2010 and sanction pension to the Petitioner from the date she became
eligible with all arrears of pension with applicable rate of interest within a time
frame.
15. According to the petitioner, the petitioner submitted her option form
on 30.08.2010 through Srirangam Branch. On receipt of the same, the
respondents had given a copy of a letter dated 06.10.2010 asking the petitioner
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W.P.Nos.33669 to 33671 of 2014
to remit a sum of Rs.57,000/- to her Savings Bank account on 14.10.2010.
Even then, the respondents did not consider her application dated 30.08.2010
and it is pending.
16. A perusal of the counter filed by the respondents revealed that the
petitioner failed to submit the option form. No option form was received from
the petitioner so far. She also failed to deposit any balance amount on or before
20.11.2010, in order to avail Pension Scheme. She was required to remit a sum
of Rs.2,32,693/- i.e.,156% of Bank's contribution to Provident Fund and
interest thereon, on or before 20.11.2010 provided that the option form is
submitted within the due date.
17. A perusal of the account statement produced by the petitioner
revealed that she had only a sum of Rs.60,616/- in her Bank account on the cut
off date. That apart, a perusal of the copy of application annexed in the typed
set of papers revealed that it does not contain any acknowledgment or proof of
her submission of option form. Further, the letter dated 06.10.2010 also
revealed that it is nothing but intimation to the petitioner's husband with regard
to apply for pension scheme. It is clearly mentioned that the last date for
remitting the contribution is fixed on 20.11.2010 and the option has to be
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W.P.Nos.33669 to 33671 of 2014
submitted on or before 21.10.2010. Therefore, the said communication sent to
the petitioner's husband does not contain any request to make the payment and
it was not at all relied upon in the application submitted for option to Pension
Scheme. Therefore, the petitioner did not submit any option form on or before
21.10.2010 and also failed to deposit the amount to the tune of Rs.2,32,693/-
on or before 20.11.2010. Therefore, no direction can be issued to the
respondents to consider the request made by the petitioner to include her in the
Family Pension, since no application has been filed by the petitioner so far.
18. In view of the above, all the writ petitions are devoid of merits and
are liable to be dismissed. Accordingly, all the writ petitions are dismissed.
Consequently, connected Miscellaneous petitions are closed. There shall be no
order as to costs.
03.08.2023
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
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W.P.Nos.33669 to 33671 of 2014
G.K.ILANTHIRAIYAN, J.
mn
To
1. The Chairman and Managing Director,
Indian Bank,
Corporate Office/Head Office,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 014.
2. The Assistant General Manager,
Indian Bank,
Corporate Office/Head Office,
HRM Department, I.R.C., II Floor,
254 to 260, Avvai Shanmugam Salai,
Royapettah, Chennai-600 004.
W.P.Nos.33669 to 33671 of 2014
03.08.2023
https://www.mhc.tn.gov.in/judis
