In identrcal circumstances, the Kera K.A.Padmanabhan v. Deputy General Man.r orders directing the authoritaes to consider. petitroner the

ORDER Heard Sri C.M.R.Velu, learned counsel appearing on behalf of the petitioner and Sri A.Krishnam Raju, learned Standing Counsel appearing on behalf of the respondents- Canara Bank.

2. The oet tioner aoDroached the Court s ekinq Draver as under: ''...to issuc a Writ order or direction morc particularly one rn the nature of Writ ol' Mandamus declaring the action of the respondents in misconstrutnq the effective date for grant of pension to the petitioncr as 0910212023 instead of 24/ 12/2010 on which date the petitioner Opted for pension as arbitrary, illegal, discrimlnalory and violative of Article 21 of the Constitution ol lndra and consequently direct the respondents to granl, Pcnsion to lhe pctitioner at par with the similarly situated persons and pass... "

3. The case of the petitioner, in brief, as per the averments ma de bv the oetitioner in the affidavit filed bv the Detitioner in su pport of the present writ petition, is as The petitioner joined Syndicalc Bank as a Clerk/Typist on

01.08.1983 and voluntarily retired on 20.01.2001 under the VRS-2000 Scheme as a non-pension optee. Subsequently, the ,1 Bank extended pensionary bcnefits to employees vho had earlier opted out. The pctitioner bccamc aware of this rl t,(llopmenl only on 23.12.2010 and submitted the Option Forr,r or pensron on

24.12.2010, after the stipulated deadline oF 15.1 1 20 tO, sr:r:kinq benefits simrlar Lo othcr cliqible employees. Wlri. th,lre \,.'rs nc response/ the petitioner filed W.P. No. 24461 of . 0I I in n.Lrgust

2011. By order dated 03.11 .2022, the Court a -rwed thc said petition and directed the Bank to consider . i: Detiti,tner's enrolment rn the pension scheme upon refund 6rf hr: empioyer's contribution with interest, granting pension ,^i h prospective e ffect. It is further the case of the petitioner that 1,. to ambiquity regarding the effective date of the pension, thr: r,:trtroner file d I.A. No. 2 of 2022 in W.P. No.24467 of 2011. fhr: Cour.t, by order dated 14.12.2022, clarified that the perrr )1 ,.vas to be granted prospcctivcly from the datc oF . r I pelilioncr's application. Thereafter, the petitioner submitted I opresentation on 09.02.2023.The respondents demanded a r.furrd of' Rs. 5,09,581/- towards the employer's contribution . r rl stated that pension would be consrdered with prospectrvet r t CCt frorn tho date of the application. However, by letter dated 2! .05.2023, the Bank declared that the petitioner would be ent tl ,d tc perrsion 5 only from 09.O2.2023, effectively ignoring the petitioner's original option date of 24.12.2OlO.Aggrieved by this, the petitioncr has filed the present Writ [)clitron seeking pension benefits to bc granted with cffccl from 24 12.2O10

4. PERUSED THE RECORD: A. The order impuqned, dated 29.O5.2O23 issued by the respondent No.1 is extracted hereunder:- We reiterate herewith the Hon'ble Hrgh court's orders that "Having regard to the facts and circumstances of the case, this writ petition is allowed. The pctrtioncr shall make a request beforc the conccrned Bank authontrt:s wrth copres of all documcnts whrch hc sccks to rcly on wrthin one month from the date of receipt of a copy oI this ordcr. On rcceipt of such request thc respondent Bank is directcd to Lake up any request made by the petitioner in this regard for enrolment in the pension scheme on refund of the employer's con[ributron with interest and to consider and pass ordeTs on thc samc taking a sympathetic view in the matter withrn two months thcrcalter. fhe rcspondents are hcroby directed to consldcr r hc c.asc oI thc pcttttoner for granting pension with prospcctive eifcct lrom fhc datc of the applrcation madc by the peLrtioncr". No ordcr as to cosls." In response to your letter dated 2a.O4.2023 we inform you as u nde r.

1. As per court order Ihc pcnsron hds to bc paid with orospectrvc cffcct 1.e, lrom thc date on Vvhrch lhe application is made i.e.09.02.2023, In term oI ordcr dt.03 1l-2022 and subsequently passed amended orders daLed 14.12.2022. As permitted by the Hon'ble Court vrdc Para No. 11 of the Order.

2. The amount contributed in Statf Provrdent Fund (PF) is being tnvestcd and intcrest is calculatcd on thc Hall-ycarly compound basis only. Thercfore, Ihe rntcrcst ca culatcd accordtngly. Hence, calculation of interest rs propcr. Ihc copy of thc tnterest calculation shcet is attachcd hcrewr[h. 6 Thcrefore, we request you to submit the I I y fr lcd pension application (copy enclosed) along with the depo,it of the amount of Rs.5,09,5Bl/ (Rupees Fivc Lakhs Nine Tho_;anci and t_ighty Onc On y) at llRl\.4 Section, Circlc Office Hydera- :C. This ls ior your lnformatton and necessary act c r . B. The relevant portaon of the order dat3J 0 .1L.2022 passed in favour of the Detitioner in W.l) No.24467 of 20LL, filed bv the petition e r On an earli() occasron ts extracted hereun der:-

10. In identrcal circumstances, the Kera . K.A.Padmanabhan Vs. Deputy General Man.r orders directing the authoritaes to consider. petitroner therein for prospective enrollmenl refund of the employer's contribution with consider and pass orders on the sar sympathetic view in the matter. In the ca: r petrtioner also stands on thc same foo,.ir Court is of the considered view that t f ( petitioner descrvcs to be considered. ll iq h Cou rt in Irlr had pa sscd fe r:ase tf lhc r.l the I'und on rterest and to re, taking a on hand, the I. ll en cc this C'ISC Of thC 11 Having regard to the facts and crrcunr tances of the case, this writ petition is allowed. The petiti() rer shall nrakC a request before the concerned Bank ;r thorties with copies of all documcnts which he seeks trt r-ly on, within onc month from thc date of receipt of a co[, of this order. On reccipt oF such requcst, the respondent tj rlk rs directed to take up any request made by the p€t t ioner ir thrs regard for enrollment in the pension schenr,. on refund of the employers contribution with interest ar c to consider and pass ordcrs on the same taking a symi) lhclrc view in the matter within two months thereafter. T- l respondents are hereby directed to consider the case l- thc petitioner for granting pension with prospective effecr-. ,lo order as io costs. 7 c The releva nt oortion of the order, ated L4.72.2022 assed in I.A.No.2 t 2O22 W.P.No.244 7 ot 2OLt filed b etitio n e r ambiq uitv pertaininq to the effective date for qrant of se ekin q clarification reqardinq the pensi on, is extracted hereunder:-

11. Having regard to lhe facts and circumstances of the case, this writ petition is allowed. The petitioncr shall niake a request before the conccrned Bank authorities with copies of all documents whrch he seeks to rely on, within one month from the date of receipt of a copy of this order. On receipt of such request, the respondent Bank is directed to take up any request made by the petitioner in this regard for enrolment in the pt:nsion scheme on refund of the employers contribution with interest and to consider and pass orders on thc same laking a sympathetic view in the matter within two months thereafter. The respondents a re hereb v directed to consider the case for qrantinq oension with of the oetitioner DrosDe ctive effect from the dat of the aool ication made bv the oetiti oner. No ord er as to costs. DISCUSSION ANDC ONCLUSION:-

5.7 he learned cou nsel aooearino on behalf of the Detitio n e r mainlv Duts-forth the followi nq submission s rn suDDort of t he petitroner case. i) The 1't respondent, vide letter, dated 29.O5'2023 declared that the petitioner would be entitled for pension w.e.f. O9.O2.2O23 B ii) The said declaration of the 1't responrl )nt is not in conformity with the amended order, datet t 14.L2.2O22 passed in W.P.No.24467 ol zOtL iii) The 1't respondent has misconstrued the effective date for grant of pension to the petitioner :; O9.O2.2O23 i.e., the date on which the petitioner s I bmitted the petitioner's representation pursuant to the :arlier order, dated 03.11.2022 passed initially an W.p. yo.24467 of 2011, instead of 24.L2.2O1O the date cr which the petitioner opted for pension, the 1't resrl ,ondent had ignored the subsequent clarification issuecl lry this Court vide its order, dated 14.12.2O22 passed in I.A.No.O2 of 2O22 in W.P.No.24467 of 2OLL which clear.t y added the words "from the date of application nr rde by the petitioner with prospective effect" on the pa(, ) No.8 of the order. iv) As per the orders of this Court, date,l 14.L2.2O22 passed in I.A.No.O2 ol 2022 in W.p.No.24467 of 2011, the amended order, dated 14.12.2O22 stood sr- bstituted in place of the earlier order which had a l'.eady been daspatched on 03.11.2O22, which was admit: rdly ignored 9 by the 1't respondent while issuing letter, dated

29.O5.2023. v) By misconstruing the term "prospectively", the respondents declared that the petitioner would be granted pension w.e.f. O9.O2.2O23 being the date on which the petitaoner submitted petitioner's representation along with the amended order. The 1't respondent has thus misconstrued the effective date for grant of pension to the petitaoner and is required to necessarily consider grant of pension w.e.f . 24.12.2OLO, i.e., the date on which the petitioner submitted petitioner's optaon Form to the respondent Bank. Based on the aforesaid submissions the learned counsel appearinq on behalf of the petationer contends lhat the petitioner is entitled for the reljef as pray€d by the petitioner in the present writ petltiqn.

6. Learned standinq counsel a pDearinq on behalf of the respondent Bank placinq reliance on the averments made in the counter affidavit, contends that the petitioner is not entitled for the relief as praved Jor bv the petlllaner in the present Writ Petition. 10 DTSCUSISON AND CONCLUSION:- the effectiv e

7. It is so ecif ic caseoftheo etitioner th:r date for qrant of pensron to the petit r,ner 09.02. 2023 bein qthed ate on which SU bmitted o etitione r's tat o e I this Court, dated 03.LL.2022 passed in W .t.No.24467 ot 2O11 on an earlier occasion but the oric inal date on which the oeti tion er submitted his option :orm i.e the order De I is not etition r

24.L2.2010.

8. This Court takes note of the fact that I he petitioner ha s not cha llenqed the letter, dated 29.O5.2 23i sued b the res oon d ent No.1 wherein the resrro ndent No.1 decla red tha t the Detitioner wo uld be entitle, I for enslon w.e.f. O9.O2.2O23 beinq the date on which_! le etitioner submitted petitioner's reDresen tation as pe r the orde r ( date d O3.11.2022 oassed in W, P.No.24467 of 2011 which tn fact admit edlv as borne on record is not ir conformi wtth the a mend d order dated 14.12.2021 w.P. No. 24467 of 2011. filed bv the assed in e etil:i oner he re in ard o ttr' a mbiqui t e rificati n with t rta in ln o he effectiv date for rant of o rsron, l1

9. This Court oDines that the resoondent l\lo.l issued the letter, dated 29.O5.2023 to the Detitaoner herein bv takinq into consideration the order, dated O3.11.2O22 oa ssed on an earlier occasion in W.P.No.24467 of zOlL. and failed to take into ca nsideration the subsequent amended order, dated L4.12.2O22 Dassed in I.A.No.O2 of 2022 in W.P.No.244 7 ol 2OLl.

10. A bare erusal of record indicates that D ht e rification made vide orders of L4.L2.2O22 passed in I.A.lloJoZot 2O22 in W.P.No.24467 f 2OLL eferr d n ex r cted above is admittedl not considered bv the 1't resDondent while issuinq the letter, dated 29.O5.2O23 to the petitioner herein. This Court ooines that the subiect issue oertaininq to the request of 24.t2.20 10 bein the rletition er r o rant of oension w.e,f he date on which the petitioner s u bm itte etitioner's oDtion Form req u r res reco n side ra t rl nbvt h 1tt res oondent in accordance to law and in o n ormt tv f orovid i nq eti rone ()Drlortunit er th with the o rt nct Dles of natural iu stice, by q to the of Dersonal he f his Court 1,2

3.1 .2022 asse inW .P .No.24467 of 20 I T, dulv tak into onsid ra ton the su bse uen am nder or er 14.L2.2022 assedin I,A.NO, O2 of 2022 in of zOLl A/. P .N o.24 467

11. Takin tn c nsideration:- a) The aforesaid facts and circumstances ol :he case. b) The submissions put-forth by the rea r ned counser appearing on behalf of the petitioner and learned standing counser appearing on beharf of ttr, I respondent Bank. c) The averments made in the behalf of the respondents counter affi<l rvit filed on d) The fact that the petitioner applied for grart : of pension to the petitioner vide option Form, dated 2.1 12.20..O. e) The order of this Court, dated O3.11.2( 22 passed initially in W.p.No.2 4467 of 2O11 (referr:d to and extracted above). f) fne order of this e6ur1, dated 14.12.2O22 passed in I.A.No. 02 of ZOZ2 in W.p.No.24 467 of2olr f ted by the 13 petitioner seeking clarification pertaining to the ambiguity in regard to the effective date for grant of pen s io n. g ) The representation of the petitioner submitted to the respondent Bank as per the order, dated O3'11'2O22 passed in W.P.No.2 4467 ot 2OL].. The Writ Petition is allowed . and th 1tt resDo ndent is directed to reconsider the deci sion ma de vide I tter, dated 29.O5.2 o23 . declarinq that the peti tioner would be e ntitled for oen sion w.e.f. 09.O2. 2O23 beino the da eon which the petitioner submitted Detitio n er's reorese ntataon as oer the order of this Court. dated O3.LL.2022 oa ssedin W.P.N o.24467 of 2011, which ,in act, is not in confo rmitv with the amended w.P. No.24467 of 2O11. The 1't resoondent is fu rther rder. dated 1-4.12.2022 Da ssed tn o directed to reconsider the reDresentati on of the Det itio ne r, kinq qrant of pension to the Detitioner w.e.f. the Detitioner

24.L2.20LO beinq the date on which, submitted oetitioner so tion Form for pen sion instead of into consi d e ration the ame nded

09.o2.2O23. dul 14 order, dated 14.12.2022 passed in favour of ! re petitioner in I.A.No.O2 of 2O22 in W. P.No.24467 of 20: , ( referred to and extracted above ) in accordance to law and in conformitv with p rin cioles of natural iustice )v Drovidin q an opDortunit V of personal hearinq to the Irt :titioner and pass aDDropriate orders, within a period ,l' three (03) weeks from the d ate of receio t of the coo v_ cf the order and dulv communicate the decision on the su I iect issue to ner. However, there sha ll be nc , ordet aS to costs. M iscella neo us petitions, if Petition, shall stand closed. any, pe ndinq in this Writ //TRUE COPY// One fair coPY to the HON'BLE MRS JUS (For His LordshiP's Ki n rcE Pe H I\ ED ABDULLA KHAN I: ,TANT REGISTRAR ttu'tor.r6FFtcen unl pnllt NANDA usa I urnaT Resources The Assistant General Manag er, Canara Bank, Manage ment Section Circle Office, 10-3-163 and 1O-li 163/A, Plot No.85, Beside Rail NilaYam, HYderabad The General lt/anager, Ganara Bank, (P ensions Func ) Human Resources Wings, Head Office, '1 12, J C Road, Bangalore, Kanril rka State The General lvlanag er, Canara Bank, Cirale office, 10. 1-163 and 10-3-163iA, Plot No.85, Beside Rail Nilayam, Secunderabad The Chief Manager, Canara Bank, Rail NilaYam Branc t. Secunderabad 11 L.R. CoPies il".u;;;"s;;retary, Union of lndia' Ministry of Larv ustice and company Affairs, New Delhi ?#'s;;;;i;, i"i"ng"n" Advocates Association Lii r rry' Hish court Buildinos, HYderabad' 6;:;Uffi dnid r',r n velu, Advocate [oPUC] - - E'nE & i" Iiii n xnrsHNAtvl RAJU' Advocate [oPtrr :l To

4. 5. 6. 7 8 9 1 SA

0.Two CD Copies ; l i I I C.C. TODAY HIGH COURT DATED:0611112025 C) LL ?1o ,*dS * o\\ * rl,iH )t ORDER WP.No.14027 of 2023 ALLOWING THE W.P WITHOUT COSTS. 29 oo) ci{'- Y4- . P("t*