IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1985 of 2010 In (CIVIL WRIT JURISDICTION CASE 15541/2006) 1. Punjab National Bank through its Chairman-cum- Managing Director having its registered office at Bhikaji Cama Place, New Delhi 2. Assistant General Manager, PNB PF & Pension Fund Department, Rajendra Place, New Delhi 3. Zonal Manager, Punjab National Bank, Chankya Place, Patna at present Circle Head Circle Office, Punjab National Bank, Channkya Complex, Patna ....Appellants Versus 1. SHRI SHARMA NAND, S/O Late Kalu Prasad, resident of village-Chutakia Bazar, P.S. Malsalami, Patna City, then posted as Computer Terminal Operator, Punjab National Bank, Patna City Branch, Patna City. 2. Sri Pramod Kumar Singh, S/O Late G.P. Singh, resident of village-Kharman Chauk, D.N. Singh Road, P.S. & Dist.- Bhagalpur, then posted as Clerk-cum- Cashier at P.N.B., Terari Branch, and Distt.- Bhagalpur. 3. Sri Ram Sagar Sahu, S/O Late Jatadhari Sahu resident of village- Vatseyan, P.S. Aungia Bazar, Distt.- Bhojpur, presently retired from P.N.B. Branch-Piro, Distt.-Bhojpur. 4. Sri Dilip Kumar, S/O Shri Nageshwar Prasad Sah, resident of village- Brahmasthan, Post—Bariapur, Distt.-Munger, then posted as Part time Sweeper (1/3), P.N.B., Ramankabad, Munger 5. Shri Pankaj Kumar S/O Shri Rajeshwar Charan, resident of village- Ranchi Road Redma, Devi Mandap, Daltenganj, Dist.-Palamu, Jharkhand, then posted as officer, P.N.B. Regional Office, Gaya-B. 6. Shri Ashok Kumar Sharma, S/O Shri Ram Sakal Sharma resident of village- Telchh, P.O.Telchha, P.S.-Janta Bazar, Dist.-Saran, then posted as Clerk-cum- Cashier, Branch Rajauli, Dist.-Nawada. 7. Shri Krishna Murari, S/O Shri Jamadar Rai resident village-Dhanesh Chapra, P.O.- Hafizpur, P.S.-Janta Bazar, Dist. Saran, then posted at Computer Terminal Operation, P.N.B. Baniapur Branch, Dist.-Saran. 8. Sri Baijanath Singh, S/O Shri Ramagya Singh, resident of village- Mubarakpur, P.O.Danapur Cantt., Dist.- Patna, then posted at New Market (Branch, Patna as Armed Guard. 9. Shri P. Keshav Rao, S/O Shri P.S. Murti resident of village- Kothapata, P.S. & Dist.- Rayagada, Orissa, then posted as Branch Manager, P.N.B. Rajauli, Dist. Nawada. 10. Shri Chhatrapati Mishra, S/O Shri Kuca Mishra, resident of village- Sonwani, P.S.-Haldi, Dist.-Baliya, (U.P.) then retired from P.N.B. Branch Bairaji, Gaya. 11. Shri Aoydhya Prasad S/O Late Ram Das Singh, resident of Village- Kanhaul, P.S.-Bihta, Dist. Patna then posted at P.N.B. Branch-Gaunpura, Patna. . .......Respondents For the appellants: Dr. Pankaj, advocate For the Respondents: Mr. Bindhya Keshri Kumar, Sr. advocate Mr. Ratnakar Jha, advocate ----------------- 2 7 09-11-2011 Heard the parties. The writ court has allowed the cases of 11 writ petitioners holding them entitled to benefits of pension scheme of 1995. The writ court has not considered the facts of individual writ petitioners and that appears to have created erroneous impression in the mind of writ court that option for the pension scheme was exercised by the petitioners no. 2 to 10 within time and there may have been some delay in case of petitioners no.1 and 11. Before us the Bank has pleaded that the writ court did not consider the facts in the counter affidavit, according to which some of writ petitioners including petitioner no.1 had not exercised their option at all, much less within the prescribed time. It appears that an internal mechanism has been created by the Bank through a decision taken in July, 2006 for considering grievances of employees like the writ petitioners. That decision has been annexed as annexure- A to the reply to the counter affidavit. According to learned counsel for the Bank the writ petitioners can approach the 3 committee constituted by the Bank with their individual grievances for adjudication as per settled guidelines or else they should be directed to prefer separate writ petitions so that necessary finding of facts may be given in individual cases. He has also placed reliance upon a judgement of the Supreme Court dated 20-11-2009 passed in the case of Punjab National Bank and Others Vs. Mehar Singh. According to that judgement the Bank cannot be directed to accept belated options and there shall be no estoppel against the Bank even if a person who did not opt for pension scheme within time is wrongly included in the list of pension optees. We are not persuaded to decide the controversy between the parties on merits because we find that case of each of the appellants require separate consideration and no such consideration was made by the writ court before allowing the writ petition of all the 11 writ petitioners. Learned counsel for the writ petitioners/ respondents has submitted that denial by the Bank in 4 respect of all the writ petitioners is erroneous and illegal specially when claims of writ petitioners no.9 and 10 have been allowed by the Bank itself. Even if that be the position, we are strengthened in our view that the writ court should have either directed the writ petitioners to prefer separate writ petitions or else claim of each petitioner ought to have examined separately for coming to the finding that they exercised their option within time. Hence, the order under appeal is set aside. The matter is remitted back to the writ court for considering whether it will be convenient for it to consider cases of all the 11 writ petitioners and give findings with regard to date and validity of their option. If the writ court finds it possible, it shall decide the claims of the writ petitioners afresh after considering the case of the appellant Bank with regard to individual writ petitioners in the light of judgment of the Supreme Court mentioned earlier and other relevant facts. In case the writ court feels inconvenience in considering together the cases of 11 writ petitioners for the purpose of recording finding in individual cases, it 5 may pass suitable directions and give liberty to the writ petitioners to prefer separate individual writ petitions. It is made clear that we have not applied our mind to the merits of the case. Since the matter relates to claim for pension etc., it is expected that the writ court shall decide the matter expeditiously after hearing the parties. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)