IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14871 of 2005 Indradeo Prasad …Petitioner Versus 1. UCO Bank through its chairman and Managing Director UCO Bank, Head Office, 10, Biplabi Trilokya Maharaj, Sarani, Kolkata-700 001 2. The General Manager (personnel) Head Office, 10, Biplabi Trilokya Maharaj, Sarani, Kolkata-700 001 3. The Executive Director, UCO Bank, Head Office, 10, Biplabi Trilokya Maharaj, Sarani, Kolkata-700 001 4. The Chief Officer (Pension Cell) UCO Bank Head Office Personnel Department (Pension Cell), 12, Old Court House Street, Kolkatta-700 001. 5. The Regional Manager, UCO Bank, Regional Office 4th Floor, Block „A‟ Maurya Lok Complex New Dak Bungalow Road, Patna 6. The Branch Manager, UCO Bank, Khorampur Branch, Begusarai Respondents With CWJC No.14398 of 2005 Dhirendra Nath Jha Petitioner Versus 1. UCO Bank through its Managing Director UCO Bank, Head Office, 10, Biplabi Trilokya Maharaj, Sarani, Kolkatta-700 001. 2. The General Manager (Personnel) Head Office, 10, Biplabi Trilokya, Sarani, Kolkatta-700 001. 3. The Executive Director UCO Bank, Head Office, 10, Biplabi Trilokya Maharaj Sarani, Kolkatta-700 001. 4. The Chief Officer (Pension Cell) UCO Bank, Head Office, Personnel Department(Pension Cell) 12, Old Court House Street, Kolkatawt-700 001. 5. The Regional Manager, UCO Bank, Regional Office, 4th Floor, Block „A‟, Maurya Lok Complex, News Dak Bungalow Road, Patna 6. The Branch Manager, UCO Bank, Khorampur Branch, Begusarai …Respondents With CWJC No.14806 of 2005 Anirudh Mishra …Petitioner Versus 1. The UCO Bank through its Chairman and Managing Director, Head Office at 10, Bipabi Trilokya Maharaj Sarni, Kolkata-700 001. 2. The General Manager (Personnel) Head office 10, Biplabi Trilokya Maharaj Sarani, Kolkata-700 001 2 3. The Executive Director, UCO Bank, Head Office, 10, Biplabi Trilokya Maharaj Sarani, Kolkata 700 001. 4. The Chief Officer, Pension Cell, UCO Bank, Head Office Personnel Department (Pension Cell) 12, Old Court House street, Kolkata-700 001. 5. The Regional Manager, UCO Bank, Regional Office 4th Floor, Block „A‟ Maurya Lok Complex, Patna 6. The Branch Manager, UCO Bank, Banwaripur Branch, P.O. Banwaripur, P.s. Bhaganpur, Begusarai 7. The Branch Manager, UCO Bank, Bettiah P.O. & P.S. Bettiah, West Champaran. …Respondents For the petitioner(s) :Mr. K. P. Gupta For the Respondent-Bank :Mr. R.P.Birnaway ----------- 08. 23.11.2011 Heard learned counsel for the petitioners and learned counsel for the Respondent-UCO Bank (for short „the Bank‟). Petitioners in all these writ petitions pray for a direction upon the Bank and its officials to accept the application filed by the petitioners opting the pension scheme under UCO Bank Employees‟ (Pension) Regulations, 1993 and permit them to draw benefits granted thereunder. On hearing both sides, this Court on 8.11.2011 passed the following order:- “Mr. Gupta, learned counsel for the petitioners and Mr. R.P. Birnaway, learned counsel for the respondent- UCO Bank are present. Learned counsel for the respondent-Bank states that the Bank has come out with a scheme providing the same benefit as was granted under the earlier circular dated 27.05.1994. It is contended that petitioners have already filed their applications under the scheme which has been 3 introduced in the year 2010. It is also contended on behalf of the respondent-Bank that in view of the aforesaid fact the present application has, in fact, become infructuous. Mr. Gupta, learned counsel states that he has not been instructed by the petitioners in this regard. It is contended that relevant facts in this regard are also not on record by way of counter affidavit. Post these matters after 02 weeks as zero item. In the meanwhile, Mr. Gupta, learned counsel for the petitioners will seek instruction from his clients. Mr. Birnaway, learned counsel for the Bank shall endeavour to file relevant papers on affidavit.” In the light of the aforesaid order, Mr. Birnaway, learned counsel for the Bank has placed on record a supplementary counter affidavit on behalf of respondent no.5. Paragraph nos. 8 and 9 thereof read as under:- 8. That employees unions also started raising their grievance for allowing fresh option to them under the pension scheme and a bipartite settlement between the Bank Management and all workmen and officers Associations of the Banking Industry was arrived at in the year April, 2010 and the employees were allowed to give fresh option under the pension scheme by circular dated 20.08.2010 within 60 (Sixty) days. Under this scheme all the pensionary benefits to all categories of employees including retired persons and also those who are dead have been granted as provided under the earlier Pension Scheme of 1994. 9. That the petitioner alongwith Sri Dhirendra Nath Jha (petitioner under C.W.J.C. No.14398/05) 4 and Sri Anirudh Misra (petitioner under C.W.J.C. No. 14806/05) have filed their pension option before the fixed date i.e. 18.10.2010 before the prescribed authority and now they are covered under the pension scheme. This is established by the certificate dated 26.08.2011 issued by the Senior Manager, Human Resource Management Department of UCO Bank, Zonal Office, Patna. Thus the main grievance of the present petitioner alongwith petitioner covered under C.W.J.C. No.14398/2005 and C.W.J.C.No. 14806/2005 stand redressed and now these writ petitioners have because infructuous and fit to be dismissed.” In that view of the matter, all these writ applications seem to have become infructuous. They are dismissed as such. hr ( Kishore K. Mandal )