Citation : 2024 Latest Caselaw 16008 P&H
Judgement Date : 2 September, 2024
SANDEEP SETHI 2024.09.06 02:23 CWP-21688-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (118) CWP-21688-2024 Date of Decision:-02.09.2024 Amarjit Singh beeen Petitioner Versus UCO Bank and others beeees Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN oh 2 2h 3 Present: Mr. Harbans Sharma, Advocate for the petitioner. Mr. Aseem Rai, Advocate for respondent Nos.1 to 5. oh 2 2h 3 ALOK JAIN, J. (Oral)
1. The present petition is for issuance of a writ in the nature of
mandamus directing the respondents to grant pension to the petitioner w.e.f. 30.11.2003 i.e. the date from which he was compulsorily retired.
2. Cutting the long story short, the petitioner has challenged the action of the respondents of compulsory retiring him and lost the litigation right up till the Hon'ble Supreme Court and admittedly, the retirement gratuity, provident fund etc. have already been released to the petitioner. After losing the battle up till the Hon'ble Supreme Court, the petitioner in the interregnum, made an application and the only strength on which the present petition has been filed is that the application submitted by the petitioner on 04.12.2003 was forwarded by the Branch Manager to the
Zonal Officer that too in the year 2014.
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CWP-21688-2024
3. Learned counsel for the petitioner relies upon Clause 14 of the UCO Bank (Employees') Pension Regulations, 1995, which deals with qualifying service and since the petitioner has rendered more than 10 years of service, he was entitled to pension. Learned counsel for the petitioner submits that the legal notice was issued in the year 2014 and was duly responded to by the reply of the authorities and, thereafter, the petitioner did not take any action.
4. The alleged representation dated 22.04.2019 (Annexure P-14) cannot be relied upon as there is no proof of the same being served upon the respondents at any stage.
5. Heard learned counsel for the petitioner at length.
6. A perusal of the paper book demonstrates that the petitioner had approached this Court on an earlier occasion also by filing CWP-601- 2020 which was argued by the petitioner at length and the same was withdrawn with liberty to file a fresh one on the same cause of action with better particulars including "the documents showing that the petitioner at any given point of time, before his compulsory retirement had opted for pension,". The present petition also does not disclose any document
demonstrating the above.
7. In light of the above, finding no merit, the present petition is dismissed.
(ALOK JAIN) JUDGE September 02, 2024.
Sandeep
Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No
SANDEEP SETHI
2024.09.06 02:23
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