IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision 07.10.2010 1. C.W.P. No. 16504 of 2001 Amarjit Singh Pahwa ----Petitioner Versus Allahabad Bank and others ---Respondents 2. C.W.P. No. 2314 of 2004 Jagjit Kaur Ahuja ----Petitioner Versus Allahabad Bank and others ---Respondents 3. C.W.P. No. 2863 of 2004 Om Prakash Sharma ----Petitioner Versus Allahabad Bank and others ---Respondents 4. C.W.P. No. 2864 of 2004 Mohinder Pal Singh ----Petitioner Versus Allahabad Bank and others ---Respondents 5. C.W.P. No. 2902 of 2004 Shakti Kumar Kakkar ----Petitioner Versus Allahabad Bank and others ---Respondents 6. C.W.P. No. 2349 of 2004 Santokh Singh Chawla ----Petitioner Versus Allahabad Bank and others ---Respondents C.W.P. No. 16504 of 2001 -2- CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. H.C. Arora, Advocate for the petitioner(s). Ms. Meenakshi Chaudhery, Advocate for Mr. Ram Chander, Advocate for the respondents 1. To be referred to the Reporters or not? yes 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. 1. This order shall dispose of C.W.P. Nos. 16504 of 2001, 2902 of 2004, 2864 of 2004, 2863 of 2004, 2314 of 2004 and 2349 of 2004 as the common questions of law and facts have been raised in all the petitions. 2. The dispute raised by the petitioners is that after they have retired under the Allahabad Bank Employees' Voluntary Retirement Scheme (ABVERS)-2000 they are entitled to avail Bank's old pension in lieu of the gratuity particularly in terms of classification issued on 04.06.2002 (P-7). The respondents have been resisting the same. On the last date of hearing, this Court has asked the learned counsel for the respondents-Allahabad Bank to seek instructions as to why the benefit of instructions dated 04.06.2002 (P-7) has not been granted to them. Ms. Meenakshi Choudhery, learned counsel for respondents-Allahabad Bank has now stated that the petitioners have not approached the authorities stating their claims on the basis of instructions/amendment of eligibility criteria of old pension in lieu of gratuity issued on 04.06.2002 (P-7). The relevant extracts of the clarification dated 04.06.2002 (P-7) reads as under:- C.W.P. No. 16504 of 2001 -3- “ The employees who have retired under ABEVERS – 2000 and fulfill the eligibility criteria as above may now refund the gratuity received by them with an irrevocable undertaking to the effect that they desire to avail Bank's old pension in lieu of gratuity.” 3. Mr. H.C. Arora, learned counsel for the petitioners states that the petitioners would be satisfied to approach the respondent-Allahabad Bank for grant of relief in terms of aforesaid instructions as per the statement made by the respondents through its counsel. The petitioners who have retired under the Allahabad Bank Employees' Voluntary Retirement Scheme (ABEVRS)-2000 may refund the amount of gratuity in terms of instructions dated 04.06.2002, which might be received by them with an irrevocable undertaking to the effect that they desire to avail Bank's old pension in lieu of gratuity. Upon refund of gratuity by them with the aforesaid undertaking, old pension shall be released to them along with arrears. 4. The representation in terms of the aforesaid instructions be filed within one month from the date of receipt of a copy of this order and the same shall be disposed of in terms of the instructions dated 04.06.2002 (P-7) as directed herein above within one month thereafter. 5. Accordingly, the writ petitions stand disposed of. 6. A copy of the order be given dasti under the signatures of the Bench Secretary. 7. A photocopy of this order be placed on the file of connected cases. (M.M. KUMAR) C.W.P. No. 16504 of 2001 -4- JUDGE (RITU BAHRI) October 7, 2010 JUDGE Atul/Pkapoor