l32s2l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE SIXTH DAY OF NOVEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION NO: 14027 OF 2023

Between:

K. Lakshman Rao, S/o. K. Narayana, Aged 64 years, Occ ; Advocate, R/o 9-3-1 1, St

Johns Road, Secunderabad - 25.

.....PETITIONER

AND

1. Canara Bank, Rep. by its Asst. General Manager, Human Resources

Management Section Circle Office, 10-3-163 and 10-3-163/A, Plot No. 85,

Beside Rail Nilayam, Hyderabad.

2. Cana? Bank, Rep. by its General lvlanager (Pensions Fund), Human

Resources Wings, Head Otlice ,112, J C Road, Bangalore, Karnataka State.

3. Canara Bank, Rep. by its General fVlanager, Circle Office, 10-3-163 and 10-3-

163/4, Plot No.85, Beside Rail Nilayam, Secunderabad.

4. Canara Bank, Rep by its Chief Manager, Rail Nilayam Branch,

Secunderabad

.....RESPONDENTS

Petition Under Afticle 226 of the Constitution of lndia praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue a Writ, order or direclion more particularly one in the nature of

Writ of Mandamus declaring the action of the respondents in misconstruing the

effective date for grant of pension to the petitionet as 0910212023 instead of

2411212010 on which date the petitioner Opted for pension as arbitrary, illegal,

discriminatory and violative of Article 21 of the Constitution of lndia and

consequently direct the respondents to grant Pension to the petitioner at par with

the similarly situated persons.

Petition Under Section 151 CPC praying that in the ( i cumstances stated in

the affidavit filed in support of the petition, the High Court rrz r be pleased to direcl

the respondents to consider to grant pension to the petitio'l >

'w.e

f . 2411212O1O on

which date the petitioner submitted his Option, pendin(l disposal of the writ

petition

Counsel for the Petitioner : SRI C.M.R.VELU

Counsel for the Respondents : SRI A.KRISHNAM RAJU

The Court made the following ORDER

I.A.NO:1 OF 2023

3

HON'BLE MRS. JUSTICE SUREPALLI NANDA

RIPETITION No.14027F22

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 oettioner aoDroached the Courtsekinq 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 ofthe petitioner, in brief,as per the

averments made bv the oetitioner in the affidavit filed bv

the Detitioner in support of the present writ petition, is as

under

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, dated29.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. Therelevant portaon of the order dat3J 0.1L.2022

passed infavour of theDetitioner inW.l) No.24467of

20LL,filed bv thepetition

e rOn an earli()occasronts

extracted hereunder:-

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

cThe relevant oortion of the order,atedL4.72.2022

assed in I.A.No.2t2O22 W.P.No.2447 ot 2OLt filed b

theetitio n e rse ekin qclarificationreqardinq the

ambiquitv pertaininqto theeffective date for qrant of

pension,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 are herebv directed to consider the case

of the oetitionerfor qrantinq oension with

DrosDective effect fromthe datof the aoolication

madebv the oetitioner. No order as to costs.

DISCUSSION ANDCONCLUSION:-

5.7he learned counsel aooearino on behalf of the

Detitio n e rmainlvDuts-forth the followinq submissions rn

suDDort of the 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 submissionsthe learned

counsel appearinq on behalf of the petationer contends

lhat the petitioner is entitled for the reljef as pray€d for

by the petitioner in the present writ petltiqn.

6. Learned standinq counsel apDearinq 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 ANDCONCLUSION:-

7. It is soecif ic caseoftheoetitioner th:rthe effective

date for qrant ofpensronto the petit r,neris not

09.02.2023 beinqthedate on which eetition

I

r

SUbmittedoetitione r'sresennas the orderren tato De of

I

this Court, dated03.LL.2022passed in W.t.No.24467 ot

2O11 on anearlier occasionbut theoric inaldate on

which the oetitioner submittedhis option :orm

i.eon

24.L2.2010.

8. This Court takes note of the fact that I he petitioner

has not challenqed the letter,dated 29.O5.223isued b(

theres oon d ent No.1 whereinthe resrrondent No.1

decla redthat the Detitioner would be entitle, I forenslon

w.e.f. O9.O2.2O23 beinq the date on which_!leetitioner

submitted petitioner's reDresentation aspe r theorde r

datedO3.11.2022 oassed in W,P.No.24467 of 2011which

tnfact admitedlvas borne on record isnotir conformi

wtththeamendd orderdated 14.12.2021assed in

e

w.P.No.24467of 2011.filed bvtheetil:i onerhe re in

ki rificatin with tardo ttr' ambiquit

e

rta inlnohe effectivdate forrant ofo rsron,

l1

9. This Court oDines that the resoondent l\lo.l issued

the letter,dated29.O5.2023 to the Detitaoner herein bv

takinq into considerationthe order, dated O3.11.2O22

oa ssed on an earlier occasion in W.P.No.24467 of zOlL.

and failed to take into cansideration the subsequent

amended order, datedL4.12.2O22 Dassed in I.A.No.O2 of

2022 in W.P.No.2447 ol 2OLl.

10. A bareerusal of record indicates thatD hte

rification made vide orders of urdated

L4.L2.2O22 passed in I.A.lloJoZot 2O22 in W.P.No.24467

f 2OLLeferrd nexrcted aboveis admittedl

not considered bv the 1't resDondent while issuinq the

letter, dated29.O5.2O23 tothe petitioner herein. This

requestoftherletition erfoorant of oension w.e,f

Court ooines that the subiect issue oertaininq to the

r

24.t2.2010 beinhe date on which the petitionerot

s u bm itte etitioner's oDtion Form req u r resrl

reco n sideratrlnbvt1tt resoondent in accordance to lawh

and inonormttvf with theort nctDles of natural iustice, by

orovid i nq ()DrlortunitofDersonal heq to thearln

etirone

an

as rderfhis Courtdater th

1,2

3.1.2022asseinW.P

11. Takintncnsideration:-

.No.24467of 20

inqT,Idulvtak

intoonsidratonthesu bseuenamnderorer

14.L2.2022assedinI,A.NO,O2 of2022 in

dated

A/. P.No.24467

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

of zOLl

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 th1tt resDondent

is directedto reconsider the decision made vide Itter,

dated 29.O5.2o23. declarinq thatthe petitioner would be

e ntitled for oension w.e.f. 09.O2.2O23 beino the daeon

which thepetitioner submittedDetitio n er'sreorese ntataon

as oer theorder of this Court. dated O3.LL.2022oa ssedin

W.P.No.24467of 2011, which,inact, is notin conformitv

withthe amendedrder. dated1-4.12.2022Da ssedtno

w.P.No.24467of 2O11. The 1't resoondent isfu rther

directed to reconsiderthe reDresentation of theDetitio ne r,

kinq qrantof pension tothe Detitionerw.e.f.

see

24.L2.20LObeinq thedate onwhich,the Detitioner

submitted oetitionersotion Formfor pension instead of

09.o2.2O23. dultakininto consid e rationthe amended

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:, ( referredto

and extracted above) in accordance tolaw and in

conformitv withp rin cioles of natural iustice )v Drovidinq

an opDortunitV of personalhearinq to theIrt:titioner and

pass aDDropriate orders, within aperiod ,l' three(03)

weeks from the date of receiot of the coov_cf the order

and dulv communicate thedecision on the suI iect issue to

theetiner.However, there sha llbe nc, ordet aS to

costs.

M iscella neo us petitions, if

Petition, shall stand closed.

any, pe ndinq in this Writ

//TRUE COPY//

I ED ABDULLA KHAN

I: ,TANT REGISTRAR

ttu'tor.r6FFtcen

unl pnllt NANDA

H

usa I

One fair coPY to the HON'BLE MRS JUS

(For His LordshiP's Kin

To

1.

2.

4.

5.

6.

7

8

9

1

The Assistant General Manager, Canara Bank,urnaT Resources

Management Section Circle Office, 10-3-163 and 1O-li 163/A, PlotNo.85,

Beside Rail NilaYam, HYderabad

The General lt/anager, Ganara Bank, (Pensions Func ) Human Resources

Wings, Head Office,

'1

12, J C Road, Bangalore,Kanril rka State

The General lvlanager, Canara Bank, Cirale office, 10. 1-163 and10-3-163iA,

Plot No.85, Beside Rail Nilayam, Secunderabad

The Chief Manager, Canara Bank,Rail NilaYamBranc 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

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HIGH COURT

DATED:0611112025

ORDER

WP.No.14027 of 2023

ALLOWING THE W.P

WITHOUT COSTS.

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C.C. TODAY

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