Deepak Sapra v. Punjab National Bank

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK SAPRA ..... Petitioner Through:

Mr. K.G. Mishra, Advocate.

versus PUNJAB NATIONAL BANK ..... Respondent Through:

Mr. Rajesh Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

O R D E R

% 15.02.2016 C.M. Appl. No.3586/2016 (for exemption) Exemption as prayed for is allowed subject to all just exceptions.

The application stands disposed off.

This petition seeks directions to the respondent-Punjab National Bank to admit the petitioner as Pension Optee in terms of circular No. 08/10 dated 16th August, 2010 and to thereafter disburse pension to the petitioner along with arrears. It is also the case of the petitioner that a representation dated 18th July, 2015, sent to the respondent in this behalf, has failed to illicit any response. He further states that, for the time being, the petitioner would be satisfied if this writ

petition is treated by the respondent/Bank as a representation since it sets down all relevant information and material particulars in respect of his claim, which may be duly considered by the Bank and be disposed off by a reasoned order; whilst reserving his right to take necessary action as per law in case the petitioner still remains dissatisfied.

Issue notice.

Mr. Rajesh Gautam, Advocate, accepts notice and states that without prejudice to the case of the Bank, either in fact or in law, specially in view of the fact that he is not filing traverse to the same in these proceedings, the respondent will be willing to consider the aforesaid representation of the petitioner afresh and dispose off the same with the speaking order within eight weeks from today. In response, counsel for the petitioner states that he is agreeable to this while reserving all his rights in case his client remains dissatisfied with the outcome for any reason. Under the circumstances, and as agreed, the matter is disposed off with a direction to the respondent bank to duly consider the petitioner's petition as a representation, and dispose off the same with a speaking order within 8 weeks.

Of course, in case the petitioner remains dissatisfied, it will be open for him to take recourse to such proceedings as are available in law. It will also be open to the petitioner to file any further precedents on which he relies before the respondent in support of his representation.

The petition stands disposed off.

It is made clear that the merits of the matter have not been examined and no opinion has been expressed thereon one way or the other.

SUDERSHAN KUMAR MISRA, J FEBRUARY 15, 2016 AK