Patna High Court
Dwarika Singh vs The Zonal Manager, Punjab ... on 15 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5179 of 2020
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Dwarika Singh, S/o Late Suraj Singh, Resident of Village and Post Sarthua,
P.S. Udwant Nagar, District- Bhojpur, Bihar 802206.
... ... Petitioner/s
Versus
1. The Zonal Manager, Punjab National Bank, R. Block, 2nd Floor, Near
Chankya Hotel, Veer Chand Patel Path, Patna Bihar 800001.
2. The Regional Manager, Punjab National Bank, R Block, 2nd Floor, Near
Chankya Hotel, Veer Chand Patel Path, Patna Bihar 800001.
3. The Chief Manager, Punjab National Bank, CPPC, Kameshwar Complex,
Exhibition Road, Patna.
4. The Chief Manager, Punjab National Bank, Circle Office, Arrah Hotal Rigal,
East Ramana Road, District Bhojpur.
5. The Branch Manager, Punjab National Bank, Piania Branch, Ara, District-
Bhojpur, Pin Code 802301
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate
For the Respondent/s : Mr. Kumar Priya Ranjan, Advocate
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
Date : 15-03-2021
Heard learned counsel for the petitioner and the
respondents.
2. Learned counsel for the petitioner submits that the
petitioner is entitled to the benefit of Central Dearness Allowance
and interest on delayed payment. He submits that the Apex Court
has occasion to decide the issue involved in the present writ
application in the case of Union of India & Ano. Vs. P. N.
Natarajan & Ors., reported in (2010) 12 SCC 405.
3. Mr. Kumar Priya Ranjan, learned counsel for the
Bank submits that the Bank is considering the case of the
Patna High Court CWJC No.5179 of 2020 dt.15-03-2021
petitioner and appropriate decision may be taken in accordance
with law at the earliest.
4. The Apex Court noticing the bipartite settlement held
out as follows:
"14. We may now advert to the bipartite settlement on which
reliance has been placed by the Appellants to justify the
directive given by the Central Government for adverse revision
of the retiral dues payable to the Respondents. Para 7.1 of the
memorandum of settlement, the extracts of which have been
placed before this Court in the form of Annexure R-4 read as
under:
"Pension: In the case of Food Transferee Employees who have
opted Section 12-A of the Food Corporation Act, 1964 to be
governed by the Pension Rules of the Central Government as
amended from time to time, Pension shall be worked out as
under:
(i) For those retiring during the period 1st August 1983 to 30th
March, 1985, emoluments for purposes of working out pension
will be the pay in the revised scale.
In the case of persons retiring prior to 31st May, 1984
emoluments for the period prior to 1st August 1983 shall be the
emoluments which would have been taken into account for the
purpose of pension as per the then existing orders.
(ii) For those retiring during the period 31 st March, 1985 to 31st
December, 1985 emoluments for purposes of pension will be
pay in the revised scale and Industrial DA as admissible in FCI
on 1st November, 1984.
In the case of persons retiring prior to 31 st December, 1985
emoluments for the period prior to 31 st March, 1985 shall be the
Patna High Court CWJC No.5179 of 2020 dt.15-03-2021
emoluments which would have been taken into account for the
purpose of pension as at Senior (i) above.
(iii) For those retiring during the period 1st Jan.,1986 to 31st July,
1987 pension shall be worked out with reference to emoluments
for purposes of pension as shown in Col. 4 and Col. 5 of
Annexures 17 to 28, whichever is more.
In the case of persons retiring prior to 31 st Oct., 1986
emoluments for the period prior to 1 st Jan.,1986 shall be the
emoluments which would have been taken into account for the
purpose of pension as at Senior No. (ii) above.
15. A perusal of what has been reproduced above makes it clear
that the settlement was applicable to the employees retiring
between 1-8-1983 and 31-7-1987. None of the private
Respondents is shown to have retired during that period.
Therefore, the terms of settlement cannot be invoked by the
Appellants to justify reduction of the retiral benefits payable to
them.
16. A reading of the consequential order dated 18-7-1990
(Annexure R-6) issued by the Government of India does give an
impression that the settlement is applicable to employees like
the private Respondents but, in our view, the same cannot be
relied upon for the purpose of supporting the directive given for
revising/reducing retiral benefits payable to the private
Respondents because the Central Government is not bestowed
with the power to amend, alter or revise the terms of bipartite
settlement.
17. Even if the memorandum of settlement is held applicable to
other employees of the Corporation, the same cannot adversely
affect the option exercised by the private Respondents in terms
of Sections 12A(4)(a) and (b) read with Section 12A(4C) of the
Act. It has neither been suggested on behalf of the Appellants
Patna High Court CWJC No.5179 of 2020 dt.15-03-2021
nor can it be laid down as a proposition of law that the bipartite
settlement arrived at between the Unions of the employees and
the Management of the Corporation could take away the right
acquired by the Respondents as a sequel to exercise of option in
terms of Section 12A(4)(b).
18. The judgment on which reliance has been placed by Shri
Srivastava has no bearing on the issue raised in these appeals
because in that case the Court was not called upon to decide
whether the Central Government can pass an order or issue a
directive adversely affecting the statutory option exercised by
the employees."
5. In view of the above, the present writ application is
disposed of with a direction to the respondents to grant all benefits
to the petitioner in terms of the Apex Court judgment, reported in
(2010) 12 SCC 405, at the earliest preferably within a period of
three months from the date of receipt/production of a copy of this
order.
(Anil Kumar Upadhyay, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.03.2021
Transmission Date NA
