The court upheld the principle that when a specific manner of action is prescribed, it must be followed, and failure to do so can invalidate subsequent actions. The entitlement of employees to opt for pension as per circulars was also affirmed.

JUDGMENT :

1. Heard Sri Jyoti Prakash Pandey, learned counsel for the petitioner and Sri Gopal Krishna Srivastava, learned counsel appearing for the respondent-Bank.

2. Instant writ petition has been filed praying for the following main reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to give the benefits of the circular dated 16th August 2010 and circular dated 20.09.2010 which was issued in pursuance to the another pension option in terms of 9th Bipartite settlement (Workmen Employees)/Joint Note dated 27.04.2010 (Officers) contained in Annexure No. 1 & 2 to this writ petition.

3. The case set forth by the petitioner is that the petitioner was appointed on the post of Peon in the year 1960 in Punjab National Bank. Through efflux of time, the petitioner received promotions and finally retired from the post of Clerk on attaining the age of superannuation. The petitioner did not specifically opt for pension and consequently, all retiral dues in lieu of pension were paid to him after his retirement in the year 2000.

4. On 16.08.2010, the Punjab National Bank (Provident Fund and Pension Fund Department) issued a circular seeking option for pension in terms of 9th Bi-partite settlement (Workmen Employees)/Joint note dated 27.04.2010 which provided that the Indian Bank Association vide circular dated 10.08.2010 had informed that in order to facilitate early implementation, the Government has consented IBA advising all banks that they may undertake the exercise for seeking the option from the employees, both serving and retirees, who did not opt for pension earlier, explaining the terms and conditions for such option. In terms of paragraph 3, the term of settlement/joint note provided for an option for joining the existing pension scheme to be extended, so far as the petitioner is concerned, as per Clause B, to those employees/officer who were in service of the bank prior to 29.09.1995 and retired after that date but prior to the date of settlement/joint note dated 27.04.2010 provided that they exercise an option in writing within sixty days from the date of offer to become the member of the pension fund. The option forms were to be submitted within sixty days of the date of offer as per paragraph 4 (i) of the said circular and the last date for submission of pension option letters by branches to the concerned circle offices was 28.10.2010. It was further provided in paragraph 11 that any option not received or full amount of refund was not made by the stipulated date the same would render the pension option invalid. Copy of the said circular is annexure 2 to the writ petition.

5. The aforesaid circular was followed by another departmental circular dated 20.09.2010, a copy of which is annexure 1 to the writ petition which provided that in terms of the circular dated 16.08.2010, a second pension option was also to be invited from those employees who were in service of the bank prior to 29.09.1995 and had retired after that date but prior to the date of settlement dated 27.04.2010. The said circular categorically provided that all incumbents/divisional heads were required to bring the contents of this circular to the notice of all the retirees and family members of the deceased officer/employee immediately on the last address in their records.

6. The petitioner claims that no information about the circulars dated 16.08.2010 and 20.09.2010 was received by him from the divisional heads despite the specific mandate in the circular dated 20.09.2010 of individual information at the last address and consequently, he was unable to exercise option within the time stipulated in the said circular. He only came to know about the said circulars in June, 2011 and thus submitted an affidavit dated 18.06.2011 opting for pension, a copy of which is annexure 3 to the writ petition followed by representations opting for pension but to no avail and hence the instant writ petition.

7. The arg