Rajasthan High Court - Jodhpur
Pitha Singh vs Central Bank Of India And Ors ... on 10 September, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:40413]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 606/2002
Pitha Singh Son of Shri Bhom Singh, aged about 52 years,
resident of Pali (Address: Shakti-Nagar (B), Pali).
----Petitioner
Versus
1. Central Bank of India, through the Chief Manager (PRS),
Central Office, Chandramukhi Nariman Point, Mumbai.
2. Regional Manager Central Bank of India, Sansar Chandra
Road, Jaipur.
3. Branch Manager, Central Bank of India, Near Station Road,
Pali Marwar.
-----Respondents
For Petitioner(s) : Mr. Sunil Bhandari
For Respondent(s) : Mr. Lalit Parihar
HON'BLE MS. JUSTICE REKHA BORANA
Order
10/09/2025
1. The present matter has been listed in the category of 'Oldest
Cases for Early Disposal'.
2. An application under Article 226 of the Constitution of India
for taking certain documents on record has been filed on behalf of
the respondents.
3. Keeping into consideration the documents as annexed along
with the application, the same is allowed. The documents are
taken on record.
4. The present petition has been filed with the following
prayers:
a) Writ petition be allowed.
b) Order/communication dated 8.6.2001 (Anne. 6)
may kindly be quashed and so also the respondents may
kindly be directed to give regular pension to the
petitioner from 1.4.2001.
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c) Alternatively, it is prayed that if the Hon'ble Court
comes to the conclusion that pension is not admissible to
the petitioner, then the respondent Bank may kindly be
directed to take back the petitioner in service.
d) Any other appropriate order which the
circumstances of the case warrant, may kindly be passed
in favour of the petitioner.
e) Costs of the writ petition may kindly be awarded to
the petitioner.
5. The brief facts as averred in the petition are as under:
(i) The petitioner was appointed as a 'Guard' with the
respondent Bank vide order dated 02.04.1984. At that point of
time, there was no Pension Scheme in operation and it is only the
Contributory Provident Fund Scheme (CPF) which was available to
the employees. However, in the year 1994, a Pension Scheme was
introduced and the petitioner too opted for the same vide his
option letter dated 30.11.1994. However, the option of the
petitioner was not acted upon instantly and contributions towards
CPF were continued to be deducted from his salary till the month
of December 1996.
(ii) Ultimately, from January 1997 onwards, the deduction of
contribution was stopped which meant that the option of pension
as exercised by the petitioner was accepted by the Bank. Even the
Bank's contribution qua CPF was not deposited after 1996.
(iii) In the year 2001, a scheme for Voluntary Retirement in the
name of 'Central Bank of India Employees' Voluntary Retirement
Scheme, 2001' (hereinafter referred to as the 'Scheme of 2001')
was introduced by the respondent Bank. The said scheme was
valid only for 15 days i.e. from 22.02.2001 to 08.03.2001. As per
Clause 6 (2) of the said Scheme, an employee seeking voluntary
retirement was to be eligible either for CPF or pension, as per the
option exercised by him/her.
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(iv) In pursuance to the above scheme, the petitioner applied on
24.02.2001. As per his application, it was the specific condition
that his voluntary retirement application be accepted only if his
option for pension scheme is accepted by the Bank.
(v) The voluntary retirement application as submitted by the
petitioner was accepted by the respondent Bank vide order dated
22.03.2001 and he was declared voluntarily retired with effect
from 31.03.2001.
(vi) However, vide communication dated 08.06.2001 (Annex. 6),
it was communicated by the Bank that as the petitioner was not a
pension optee, his request in this regard could not be considered.
It is the said communication dated 08.06.2001 which is under
challenge in the present petition.
6. The case of the petitioner is that the petitioner had very well
opted for pension wayback in the year 1994 and the same was
even acted upon by the respondent Bank in so much as the
deductions qua CPF contribution were stopped with effect from
December 1996. The said stoppage of deductions itself was
sufficient to prove that the bank did accept the pension option of
the petitioner.
7. Learned counsel for the petitioner submits that the fact that
the petitioner had opted for pension and that his voluntary
retirement application was also accepted with the said acceptance
is clear from the fact that the application for VRS incorporating the
said fact was certified by the respondent authorities. Hence, it
could not have been concluded that the petitioner was not a
pension optee. Communication dated 08.06.2001 is erroneous on
the face of it.
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8. In support of his submission, learned counsel relied upon the
PF statement (Exhibit-1) which reflects the deductions qua the PF
contribution till the month of December 1996. Further, the Bank
contributions qua PF are also reflected till the month of December
1996 only.
9. Learned counsel further submits that the petitioner was a
pension optee is also evident from the fact that the complete
Bank's PF contribution amount was not paid to him on his
retirement which, had he been considered to be a CPF
contributory, would have been paid to him.
10. Per contra learned counsel for the respondent-Bank submits
that even though the petitioner once opted for pension in the year
1994, but then, vide communication dated 24.01.1996 (Annexure-
R/1), he specifically submitted his desire to be shifted to CPF
scheme.
11. Learned counsel further relied upon communication dated
02.02.1996 (Annexure-8) vide which the petitioner again
requested for cancellation of his option for pension and for
transferring the complete fund to his CPF account. He submits that
communication dated 02.02.1996 has been placed on record by
the petitioner himself and is rather admitted by him.
12. Counsel therefore submits that the option of pension even if
exercised by the petitioner, was voluntarily withdrawn by him
subsequently and hence, he could not have been termed to be a
pension optee.
13. So far as the non-payment of the Bank's contribution of CPF
amount at the time of petitioner's retirement is concerned, learned
counsel submits that the same was very well deposited in the
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petitioner's bank account on 27.09.2002 and was even accepted
by him. Further, the petitioner used the said amount without any
demur and it was only in the year 2017 for the first time when it
was submitted in the reply to the application that the amount was
deposited in his account without his consent. No objection was
ever raised earlier.
14. Learned counsel further submits that all said and done, the
present is a clear case of waiver, as in the year 2010 when again
the new pension scheme was introduced, the petitioner voluntarily
applied for the same and in pursuance to the same, he has even
been awarded pension with effect from 27.11.2009. The arrears of
pension were also paid to him and he is till date being paid the
pension in accordance to the scheme of 2010.
15. Learned counsel submits that the Scheme of 2010 was
applicable to only those employees who had not earlier opted for
pension. The petitioner having applied in terms of Scheme of 2010
ipso facto meant that he accepted the fact of his not having opted
for pension earlier. Further, the petitioner undertook all actions
requisite in terms of the said Scheme. Furthermore, in terms of
the said scheme, the petitioner was granted the pension with
effect from 27.11.2009 and he never objected to the fact as to
why the said pension was not granted with effect from 2001. Had
the petitioner been under an impression that he was applying for
the pension with effect from 2001, he definitely would have raised
an objection on the pension been awarded with effect from year
2009 only. Therefore, the right whatsoever available to the
petitioner had been waived by him and his acceptance of the
scheme of 2010 amounts to a conscious acceptance by him.
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16. Learned counsel lastly submits that both the acts of
petitioner firstly, of accepting the amount of Rs.24,834/-
deposited on 27.09.2002 and secondly, of applying in pursuance
to the scheme of 2010 and accepting the pension with effect from
27.11.2009 amounts to a clear acquiescence and hence, the
petitioner cannot now after having accepted the above, claim a
pension with effect from the date of his retirement.
17. In support of his submissions, counsel relied upon the
judgment of Delhi High Court in the case of O.P. Sharma & Ors.
Vs. Union of India & Ors.; 2013 SCC Online Del 530.
18. In rejoinder, learned counsel for the petitioner submitted that
the fact of the petitioner having voluntarily applied under the
Scheme of 2010 is totally incorrect as the petitioner was not even
aware of the said scheme. No memo of such scheme was ever
supplied to the petitioner. It was rather under an impression as
made by the Bank-Authorities to the petitioner that he would be
granted the pension with effect from 2001 that he submitted the
application and even deposited the amount requisite to be held
entitled for pension.
19. Learned counsel submits that the petitioner was told that he
was required to refund the PF contribution amount as paid to him
and further 156% of the bank contribution so that the pension can
be awarded to him and in pursuance to the same, he deposited
the difference amount of Rs.78,438/- as demanded by the
respondent-Bank. The same can in no terms be said to be an
acquiescence as it was in total ignorance of the Scheme of 2010
that the form was filled up by the petitioner.
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20. Learned counsel further submits that even if it is to be
concluded that the petitioner had withdrawn his option of pension
vide communication dated 02.02.1996, his application for
voluntary retirement was definitely with a condition that the same
be accepted only if his option of pension is accepted. If the bank
had no intention to accept his option of pension, his acceptance of
application for voluntary retirement was clearly bad. In the said
eventuality, the order of acceptance of voluntary retirement
deserves to be set aside and the petitioner deserves to be
permitted to continue in service.
21. In support of his submission, learned counsel relied upon the
Hon'ble Apex Court judgment in the case of Calcutta State
Transport Corporation & Ors. Vs. Ashit Chakraborty & Ors.;
AIR 2023 SC 359.
22. So far as the acceptance of pension w.e.f. 27.11.2009 is
concerned, learned counsel submits that while applying, the
petitioner never undertook that he would withdraw the present
petition. Meaning thereby, the rights whatever accrued to the
petitioner wayback in the year 2001 did survive because of the
pendency of the present petition and the acceptance of pension
with effect from November 2009 cannot be termed to be an
acquiescence.
23. Heard the Counsels. Perused the record.
24. What is admitted on record is that the petitioner at the first
instance opted for a pension scheme in the year 1994 vide his
option letter dated 30.11.1994. The same was admittedly not
acted upon as the contributions towards CPF continued to be
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deducted till the month of December 1996. But then the said
deductions were stopped being made from January 1997 and even
the bank's contribution from January 1997 was not deposited. The
same would definitely mean that the option of pension as
exercised by the petitioner was accepted by the respondent bank
at that point of time. The said is evident even from the fact that
the bank's contribution was not paid to the petitioner at the time
of his retirement.
25. But then, as is admitted, after the present writ petition been
filed, the bank's contribution was deposited in the petitioner's
bank account on 27th September 2002. The same was never ever
objected to by the petitioner till the year 2017 when for the first
time in reply to the application, it was submitted by the petitioner
that the said amount was deposited in his account without his
consent. But interestingly neither was the said amount ever tried
to be refunded to the bank nor was any such request made by the
petitioner ever.
26. Further, admittedly the New Pension Scheme was introduced
for those employees who had not opted for the pension option
earlier. The said new scheme was definitely applicable only to
those employees. The petitioner not only applied under the said
scheme but even filed a specific declaration to the effect that he
has read and understood the terms of the settlement/joint note
dated 27.04.2010 for extending the option to join the said pension
scheme. It is an admitted fact that after the petitioner having
opted in terms of the New Pension Scheme, has been awarded the
pension with effect from 27.11.2009.
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27. In the specific opinion of this Court, the opting of the
petitioner for the New pension scheme definitely is a waiver of all
of his earlier rights. If the petitioner asserts that he was a pension
optee, he definitely could not have opted in the New Pension
Scheme as the same was applicable only for those employees who
had not earlier opted for pension. Further, the option under New
Pension Scheme was not exercised by the petitioner while
reserving any of his rights. Furthermore, the fact of the petitioner
having opted for New Pension Scheme was not even brought on
record by him ever. It is only in the year 2017 when the said
documents were placed on record by the respondent bank that the
petitioner, for the first time, averred that the bank contribution
amount was deposited in his account without his consent.
28. In view of the above facts, the present is a clear case of
waiver. This Court is of the opinion that even if any right of the
petitioner survived earlier, the same was definitely waived on his
filing up the application form in terms of the New Pension Scheme.
Vide the same, the petitioner accepted himself to be a non-
pension optee and hence now, after been awarded the pension in
terms of the New Pension Scheme, he cannot claim that he was a
pension optee from the inception and ought to have been granted
the pension with effect from the date of his retirement.
29. So far as the judgment in Ashit Chakraborty (supra) relied
upon by counsel for the petitioner is concerned, the same would
be of no help to him as therein too the Court specifically held that
the principle of waiver could be applied in case where there was
conscious abandonment of existing legal right.
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30. This Court is of the considered opinion that the present one
is a clear case of conscious abandonment of an existing legal
right.
31. In view of the above analysis, this Court does not find any
ground to entertain the present petition and the same is hence,
dismissed.
32. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
307-divya/-
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