L. Sarojini & A.C.V. Raja v Union of India, Union Bank of India & Indian Banks' Association and connected matters

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 22[ND] DAY OF MAY 2023 / 1ST JYAISHTA, 1945** ## **WP(C) NO. 31731 OF 2010** ## **PETITIONER/S:** 1 L.SAROJINI, AGED 61 YEARS, W/O.P.K.KUMARAN, RETIRED COMPUTER TERMINAL OPERATOR,, UNION BANK OF INDIA, KOTTAYAM BRANCH, KOTTAYAM, RESIDING AT PATHIYIL HOUSE, MANJAR P.O., KURUPPUMTHARA, KOTTAYAM DISTRICT, PIN-686 603. 2 A.C.V.RAJA AGED 61 YEARS S/O. K.M.VASUDEVAN NAMBOOTHIRI, RETIRED SPECIAL ASSISTANT, UNION BANK OF INDIA, NILAMBUR BRANCH,, NILAMBUR, RESIDING AT AYIRANAZHI KOVILAKAM,, PUTHENKULAM, MELATTUR P.O.,, MALAPPURAM DISTRICT, PIN-679 326 BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.ABU MATHEW SRI.K.V.GEORGE SMT.LAKSHMI B.SHENOY SRI.SOBHAN GEORGE ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA,, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, BANKING DIVISION, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110 001. 2 UNION BANK OF INDIA REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, UNION BANK BHAVAN,, 239, VIDAN BHAVAN MARG, MUMBAI-400 021. 3 INDIAN BANKS' ASSOCIATION REPRESENTED BY ITS CHIEF EXECUTIVE, WORLD TRADE CENTRE,, 6TH FLOOR, CENTRE 1 BUILDING, WORLD TRADE CENTRE COMPLEX, CUFFE PARADE, MUMBAI-400 005. ## **WP(C) NO. 31731 OF 2010 & CONN** **2** *ADDL.R4 K.A.GOPALAKRISHNAN, AGED 63 YEARS S/O.K.C.AYYAR, KOONIYATH HOUSE, MANNAM - PARAVUR ROAD, MANNAM POST - 683520, ERNAKULAM DISTRICT. *ADDL.R4 IS IMPLEADED AS PER ORDER DATED 9.8.2018 IN IA NO.9652/2018. BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.K.M.ANEESH SRI.P.PARAMESWARAN NAIRASG OF INDIA SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI SRI.M.M.HARRIS SRI.S.SHYAM SRI.K.SANTHOSH KUMAR KALIYANAM SRI.S.SHARATH SRI.A.S.P.KURUP, SC, UBI SRI.S.MANU, DSGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.05.2023, ALONG WITH WP(C) Nos.31580/2010, 31581/2010 & 31718/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 31731 OF 2010 & CONN 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 22[ND] DAY OF MAY 2023 / 1ST JYAISHTA, 1945 WP(C) NO. 31580 OF 2010** ## **PETITIONER/S:** 1 K.MURALEEDHARAN PILLAI S/O.P.KUTTAN PILLAI, RETIRED SENIOR MANAGER,, UNION BANK OF INDIA,KOLLAM BRANCH, KOLLAM , R/AT, MUNDAPPALLIL KAITHA SOUTH, CHETTIKULANGARA PO,, MAVELIKKARA 690 106,ALAPPUZHA DISTRICT. 2 V.C.GEORGE AGED 60 YEARS, S/O.LATE V.T.CHACKO,RETIRED CHIEF MANAGER,, UNION BANK OF INDIA,PERUMBAVOOR,R/AT VALIAMATTOM, HOUSE,ETTUMANNUR 686 631,KOTTAYAM DISTRICT. 3 P.T.THOMAS AGED 60 YEARS, S/O.LATE P.T.THOMAS, RETIRED CHIEF MANAGER, UNION BANK OF INDIA, REGIONAL OFFICE, ERNAKULAM, R/AT GREESHMAM, PALATHINKAL HOUSE, IDUKOOD MAIN ROAD, PO CHALAKUDY, 680 307, THRISSUR DISTRICT. 4 P.B.THOMAS AGED 60 YEARS, S/O.BENJAMIN RETIRED MANAGER, UNION BANK OF INDIA,, SERVICE BRANCH,THIRUVANANTHAPURAM, R/AT.TC 28/38-2,, PALLIKKATHAYYIL, OTTUKAL STREET,KAITHAMUKKU,, THIRUVANANTHAPURAM 695 024. 5 SANKARANARAYANAN.C AGED 60 YEARS S/O.SANKARANA NARI,RETIRED MANAGER, UNION BANK OF INDIA,VADANAPPILLY, R/AT CHAKKUNGAL HOUSE,VALAPPAD, PO 680 567,THRISSUR DISTRICT. ## **WP(C) NO. 31731 OF 2010 & CONN** **4** 6 K.A.VELAYUDHAN AGED 60 YEARS S/O.K.K.APPU,RETIRED MANAGER,UNION BANK OF INDIA,, REGIONAL AUDIT OFFICE,KOCHI, RESIDING AT, PANTHARAYIL HOUSE,KURANJIYOOR ,CHAVAKKAD 680 506. 7 SAJAN.T.P.AGED 60 YEARS S/O.T.C.POULOSE RETIRED MANAGER,UNION BANK OF INDIA, ANAKKARA, BRANCH,R/AT.THENGUMTHOTTATHIL HOUSE,, EMTHYAR PO, KOOTTICKAL,IDUKKI DISTRICT. BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.ABU MATHEW SRI.K.V.GEORGE SMT.LAKSHMI B.SHENOY SRI.SOBHAN GEORGE ## **RESPONDENT/S:** 1 UNION OF INDIA SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA,, MINISTRY OF FINANCE,DEPARTMENT OF FINANCIAL, SERVICES , BANKING DIVISION,JEEVAN DEEP, BUILDING,PARLIMENT STREET,NEW DELHI 110 001. 2 UNION BANK OF INDIA REP.BY THE CHAIRMAN AND MANAGING DIRECTOR,UNION BANK BHAVAN,239, VIDAN BHAVAN MARG,MUMBAI 400 021. 3 INDIAN BANKS ASSOCIATION REP.BY ITS CHIEF EXECUTIVE , WORLD TRADE CENTRE,6TH FLOOR,, CENTRE 1 BUILDING,WORLD TRADE CENTRE COMPLEX,, CUFFE PARADE,MUMBAI 400 005. BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.K.M.ANEESH SRI.P.PARAMESWARAN NAIRASG OF INDIA SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI SRI.RENNY AUGUSTINE FOR ADDL.R4 – IA DISMISSED SRI.K.SANTHOSH KUMAR KALIYANAM ## **WP(C) NO. 31731 OF 2010 & CONN** **5** SRI.A.S.P.KURUP, SC, UBI SRI.MANU S., DSG OF INDIA SRI.K.V.GEORGE, SRI.SOBHAN GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.05.2023, ALONG WITH WP(C).31731/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 31731 OF 2010 & CONN 6** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 22[ND] DAY OF MAY 2023 / 1ST JYAISHTA, 1945** ## **WP(C) NO. 31581 OF 2010** ## **PETITIONER/S:** 1 S.GEETHAKUMARI W/O.A.V.VENU, RETIRED ASSISTANT MANAGER,, UNION BANK OF INDIA, ERNAKULAM MAIN BRANCH,, CONVENT ROAD, ERNAKULAM, REISIDING AT XX/403,ALUNGAL, BOY'S HIGH SCHOOL RD, TRIPUNITHURA-682301 2 VICTOR ANTONY AGED 61 YEARS S/O.LATE P.A.ANTONY, RETIRED BRANCH MANAGER,, UNION BANK OF INDIA, EDAKOCHI BRANCH, EDAKOCHI,, KOCHI,RESIDING AT HOUSE NO.9/475,"DAWN", OPP.ST AGNES CONVENT, PANDIKUDI, KOCHI-682002. BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.ABU MATHEW SRI.K.V.GEORGE SMT.LAKSHMI B.SHENOY SRI.SOBHAN GEORGE ## **RESPONDENT/S:** 1 UNION OF INDIA TO GOVERNMENT,GOVERNMENT OF INDIA,, MINISTRY OF FINANCE,DEPARTMENT OF FINANCIAL, SERVICES, BANKING DIVISIONO, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110001 2 UNION BANK OF INDIA REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, UNION BANK BHAVAN,239 VIDAN BHAVAN MARG, MUMBAI-21 ## **WP(C) NO. 31731 OF 2010 & CONN** **7** 3 INDIAN BANKS ASSOCIATION REPRESENTED BY ITS CHIEF EXECUTIVE,WORLD TRADE CENTRE, 6 TH FLOOR,CENTRE I BUILDING,WORLD TRADE CENTRE, COMPLEX, CUFFE PARADE, MUMBAI-400005 BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIRASG OF INDIA SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI SRI.A.S.P.KURUP, SC, UBI ADV.S.MANU, DSGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.05.2023, ALONG WITH WP(C).31731/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 31731 OF 2010 & CONN 8** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 22[ND] DAY OF MAY 2023 / 1ST JYAISHTA, 1945 WP(C) NO. 31718 OF 2010** ## **PETITIONER/S:** 1 GEORGE ZACHARIA, AGED 60 YEARS, SON OF LATE GEORGE C.THAYYIL, RETIRED SPECIAL ASSISTANT, UNION BANK OF INDIA,, MARINE DRIVE BRANCH, ERNAKULAM, RESIDING AT THAYYIL HOUSE, POTHENPUZHA, KOTTAYAM DISTRICT-, 686 544. 2 MAMMEN.K.M AGED 60 YEARS SON OF MAMMEN CHERIAN, RETIRED SPECIAL ASSISTANT, UNION BANK OF INDIA, CHENGANNOOR BRANCH, CHENGANNOOR, RESIDING AT KOTTURATH HOUSE, CHENGANNOOR PO-689 121. 3 K.P.RAJAGOPALAN AGED 60 YEARS S/O.PARAMESWARAN NAIR, RETIRED SPECIAL ASSISTANT,, UNION BANK OF INDIA, THRISSUR BRANCH, THRISSUR,, RESIDING AT PALMGROVE, KANATTUKARA P.O.,, THRISSUR-680 011. 4 M.M.THANKAPPAN AGED 60 YEARS S/O.KUNJAN, RETIRED HEAD CASHIER, UNION BANK OF, INDIA, MUTHENKUZHI BRANCH, MUTHENKUZHI,, RESIDING AT MANGATTU HOUSE, NELLIKUZHI P.O.,, KOTHAMANGALAM-686692. 5 C.VIJAYAN AGED 60 YEARS S/O.CHELLAPPAN RETIRED COMPUTER TERMINAL OPERATOR, UNION BANK OF INDIA, ALUVA, RESIDING AT JINU BHAVAN,, PANAIKULAM P.O., ERNAKULAM DISTRICT 683511. BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.ABU MATHEW ## **WP(C) NO. 31731 OF 2010 & CONN** ## **9** SRI.K.V.GEORGE SMT.LAKSHMI B.SHENOY SRI.SOBHAN GEORGE ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA,, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, BANKING DIVISION, JEEVAN DEEP BUILDING,, PARLIAMENT STREET, NEW DELHI-110 001. 2 UNION BANK OF INDIA REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR,, UNION BANK BHAVAN, 239 VIDAN BHAVAN MARG,, MUMBAI-400 021. 3 INDIAN BANKS' ASSOCIATION REPRESENTED BY ITS CHIEF EXECUTIVE, WORLD TRADE CENTRE,, 6TH FLOOR, CENTRE I BUILDING, WORLD TRADE CENTRE COMPLEX, CUFFE PARADE, MUMBAI-400 005. BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.K.M.ANEESH SRI.P.PARAMESWARAN NAIRASG OF INDIA SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI SRI.K.SANTHOSH KUMAR KALIYANAM SRI.A.S.P.KURUP, SC, UBI SRI.MANU S., DSG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.05.2023, ALONG WITH WP(C).31731/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **WP(C) NO. 31731 OF 2010 & CONN 10** ## J U D G M E N T ## [WP(C) Nos.31731/2010, 31580/2010, 31581/2010 & 31718/2010] This order of mine shall dispose of four writ petitions bearing Nos.31731/2010, 31580/2010, 31581/2010 & 31718/2010. The facts and the prayers made therein are the same and in this judgment, I refer the facts and exhibits as described in WP(C) No.31731/2010. 2. All the petitioners are retired employees/workmen of Union Bank of India, 2[nd] respondent. The instant writ petition has been filed challenging circular dated 27.8.2010, Ext.P3, of the Bank extending the facility of a second option to their employees who had earlier not opted for pension that introduced in the year 1995, as it discriminated employees who retired after 1.4.2008 but before 27.4.2010, from the employees who retired on and after 27.4.2010, by arbitrarily prescribing higher burden of sharing the fund gap/deficit in the pension fund ## **WP(C) NO. 31731 OF 2010 & CONN** ## **11** as a precondition for exercise of option for pension on the former set of employees, while prescribing lower burden of sharing fund gap/deficit thereof on the latter set of employees, who altogether formed a single class in the matter of extending the facility of second option for pension. Pension as a terminal benefit for the employees, in lieu of contributory provident fund, without any contribution from the employees was for the first time introduced in the year 1995 for the workmen/employees in the second respondent Bank, who opted to join the pension scheme thereof. The said introduction was pursuant to the settlement signed between the Indian Banks' Association, represented by its Chief Executive, World Trade Centre (3[rd] respondent) on behalf of the Banks, including the second respondent Bank, and the workmen/employees represented by the respective organisations on 29.10.1993 by framing Union Bank of India (Employees) Pension Regulations, 1995 in exercise of the provisions under Section 19(2)(f) of the ## **WP(C) NO. 31731 OF 2010 & CONN** ## **12** Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Employees who were in service of the second respondent Bank prior to 29.9.1995 when the Scheme was introduced and continued to be in the services of the Bank on or after 29.9.1995, who did not exercise the option to join the Scheme, were eligible only for contributory provident fund and not for pension under the Pension Scheme. 3. Learned counsel representing the petitioners submitted that the organizations representing the workmen and officer employees in various Banks, including the second respondent Bank, had been requesting grant of another option to those employees who were in the services of the Bank prior to 29.9.1995 and continued in the services of the Banks, without opting for pension at the time of introduction of the Scheme. The organizations representing the employees had also sought for a second opportunity of option, offering to share a portion of the initial funding liability on one time basis for extending pension ## **WP(C) NO. 31731 OF 2010 & CONN** ## **13** to non-optee employees of the Banks. Pursuant to such requests, upon negotiations held between the third respondent representing the Banks, including the second respondent, and the organisations representing the workmen and officer employees of the Banks, a panel of Actuaries consisting of one Mr.D.Basu and Mr.K.P.Sharma to carry out the actuarial valuation for determination of the cost/liability which would have accrued on grant of the second option, were nominated. They submitted their report on 25.10.2008, Ext.P1. The report revealed that the estimated total deficit/funding gap on grant of the second option for pension to the then existing non-optee employees as on 31.3.2008 was Rs.6000 crores. The valuation was confined to non-optee serving employees, who continued in the services of the Banks. Apart from the report and the actuarial valuation undertaken thereunder, another valuation on similar lines as in Ext.P1 report was also conducted by the third respondent, for determination of the cost/liability on grant of ## **WP(C) NO. 31731 OF 2010 & CONN** ## **14** the second option for pension to non-optee employees “who retired from the services of the Bank prior to 31.3.2008 and/or their families” and the fund gap/deficit on grant of second option to those employees, “who retired prior to 31.3.2008” was estimated at Rs.3115 crores. Based upon the actuarial valuation of the funding gap/deficit, another opportunity was given to the employees in service as on 31.3.2008 and who retired prior to 31.3.2008, for option to join the pension Scheme to the non-optee employees of all the Banks, including the second respondent, subject inter alia on the contribution of 30% of the funding gap/deficit estimated as per the actuarial valuation and on similar lines in respect of the employees, who retired prior to 31.3.2008. A settlement in this regard was signed between the third respondent representing the Banks, including the second respondent, and the organisations of the employees on 27.4.2010, Ext.P2. The first respondent, the Ministry of Finance, Department of Financial Services, Banking Division accorded **WP(C) NO. 31731 OF 2010 & CONN** ## **15** sanction for its implementation. Pursuant to such approval, the second respondent Bank issued staff circular bearing No.5690 dated 27.8.2010, Ext.P3, whereby another option for joining the existing pensions Scheme was extended to the employees, who were in services prior to 29.9.1995 and also those who either continued in services or had retired, including the families of those employees who had died, by broadly categorizing them into two; (i) existing employees/officers or retired on or after 27.4.2010 and (ii) retired employees/officers prior to 27.4.2010. 4. The petitioners being workmen/employees who retired on or after 1.4.2008 but prior to 27.4.2010 would fall in the (ii) category of the employees as they retired prior to 27.4.2010 and going by Ext.P3 circular, they were required to contribute 56% of the Bank’s contribution to the provident fund with interest accrued thereunder. It was further contended that the arbitrary condition imposed in Exts.P2 and P3 on the strength of the arbitrary cut-off date, i.e. ## **WP(C) NO. 31731 OF 2010 & CONN** ## **16** 27.4.2010, calling options from all the employees, including the petitioners, to be submitted during the period of 60 days from 1.9.2010 to 30.10.2010. If accepted, it would act as an estoppel and bar in challenging the impugned conditions. 5. Petitioners are willing to exercise the option as per Ext.P3 but are only aggrieved by the impugned arbitrary condition of contribution of 56%. 6. It was further submitted that the said action is wholly discriminatory. In support of the contention, the decision of this Court in Avirah C.A. and Others v. Board of Directors of the Canara Bank and Others [2016 (5) KHC 862] has been relied upon by the petitioners. 7. On the other hand, the respondents contested the aforementioned petitions and submitted that there is no discrimination insofar as the employees who retired on or after 1.4.2008 but before 27.4.2010 and the employees who retired on or after 27.4.2010. The facts and ## **WP(C) NO. 31731 OF 2010 & CONN** **17** figures with regard to sharing of the fund gap/deficit in the matter of grant of pension by contribution to the pension fund is a policy matter and could not be interfered under Article 226 of the Constitution of India. The petitioners do not form a class of employees similar to employees who retired on or after 27.4.2010 and an attempt had been made to create confusion by claiming the benefit of similarity to employees, who retired on or after 27.4.2010. 8. In fact, on account of introduction of the Pension Regulations in 1995, many of the inservice employees at the relevant point of time had exercised option to join the pension Scheme. The petitioners even though in the services of the Bank did not exercise such option and were entitled to contributory provident fund only. The settlement is binding on the petitioners as it is not discriminatory and therefore, they cannot wriggle out of the same. The employees who retired prior to 27.4.2010 were separately ## **WP(C) NO. 31731 OF 2010 & CONN** ## **18** categorized as they had already obtained retirement benefits after leaving the services of the Bank and their share to meet 30% of the funding gap was fixed at Rs.3115 crores. The amount of Rs.1800 crores and Rs.3115 crores were separately decided to be fixed on the basis of the number of employees. Ext.P3 circular was issued on the basis of Ext.P2 settlement. The persons who retired before 27.4.2010 and after that date cannot be treated to be a single class for the reason that the persons who retired prior to 27.4.2010 had already obtained all terminal benefits. Therefore, the petitioners cannot seek intervention of this Court to permit them to pay 2.8 times of their revised scale for the month of November, 2007 and thereafter obtain the benefit of 1995 Pension Regulations. 9. The category of employees working in the Banks were bifurcated into two, namely workmen and managerial staff. The managerial staff/officers were fixed with the liability of Rs.922 crores and the workmen category had to pay an amount of ## **WP(C) NO. 31731 OF 2010 & CONN** ## **19** Rs.878 crores, total of which came to Rs.1800 crores. 10. I have heard the learned counsel for the parties and appraised the paper books. 11. During the course of the argument, learned counsel appearing on behalf of the petitioners had drawn attention of this Court to clause 4 of Ext.P3 to submit that the employees who retired on or after 27.4.2010 have been placed at par with the employees who were in service. In order to lend support to the argument with regard to discrimination under Article 14, this Court particularly raised the query as to whether the said clause is applicable. No clause has been pointed out to this Court to bring the case within the ratio decidendi culled out in the judgment referred to above with regard to the proposition, where promulgation of Canara Bank (Employees) Pension Regulations consequent upon the bipartite memorandum of settlement was not held to be a magna carta as it was subject to judicial review in case it takes away the fundamental rights. No ## **WP(C) NO. 31731 OF 2010 & CONN** ## **20** provision of the settlement, Ext.P2, has been pointed out to bring the case within the meaning of Article 14. Thus for all intents and purposes, Ext.P3 circular had been issued for implementing Ext.P2. There is no discrimination in respect of the employees who retired on or before 27.4.2010 or after 27.4.2010. This is a matter of record that the petitioners had retired after 31.3.2008 but prior to 27.4.2010 and therefore, they did not opt for the scheme and had taken all their benefits. Therefore, the deficit/liability of 56% was imposed. In view of the above, I am of the view that the said liability cannot be said to be arbitrary or illegal or discriminatory. No ground for interference is made out. These writ petitions are accordingly dismissed. Sd/- AMIT RAWAL JUDGE jg ## **WP(C) NO. 31731 OF 2010 & CONN** ## **21** ## **APPENDIX OF WP(C) 31731/2010** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER DATED 25.10.2008 ADDRESSED TO 3RD RESPONDENT BY S/SHRI. D.BASU AND K.P.SARMA, PANEL OF ACTUARIES FOR THE VALUCATION, ALONGWITH THEIR ACTUARIAL REPORT ENCLOSED THEREWITH. EXHIBIT P2 TRUE COPY OF SETTLEMENT DATED 27.04.2010 SIGNED BETWEEN 3RD RESPONDENT AND ALL INDIA BANK EMPLOYEES' ASSOCIATION, NATIONAL CONFEDERATION OF BANK EMPLOYEES, BANK EMPLOYEES FEDERATION OF INDIA, INDIAN NATIONAL BANK EMPLOYEES FEDERATION AND NATIONAL ORGANISATION OF BANK WORKERS. EXHIBIT P3 TRUE COPY OF STAFF CIRCULAR NO.5690 DATED 27.08.2010 ISSUED BY 2ND RESPONDENT. ## RESPONDENTS' EXHIBITS EXHIBIT R4(a) TRUE COPY OF NOTIFICATION DATED 18.9.2017 IN THE GAZETTE OF INDIA CAUSED BY R2 IN THE NAME OF R1. EXHIBIT R4(b) TRUE COPY OF LETTER NO.4/8/4/95-IR DATED 24.12.1997 OF R1 TO R3. EXHIBIT R4(c) TRUE COPY OF NOTIFICATION DATED 27.2.1999 OF R2. EXHIBIT R4(d) TRUE COPY OF STAFF CIRCULAR NO.4904 DATED 8.10.2002 OF R2 EXHIBIT R4(e) TRUE COPY OF PENSION FUND DETAILS FROM 20102011 TO 2016-17. EXHIBIT R4(f) TRUE COPY OF JUDGMENT IN CIVIL APPEAL NO.5525/2012 ## **WP(C) NO. 31731 OF 2010 & CONN** ## **22** ## **APPENDIX OF WP(C) 31580/2010** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER DATED 25.10.2008 ADDRESSED TO 3RD RESPONDENT BY S/SHRI. D.BASU AND K.P.SARMA, PANEL OF ACTUARIES FOR THE VALUCATION, ALONGWITH THEIR ACTUARIAL REPORT ENCLOSED THEREWITH. EXHIBIT P2 TRUE COPY OF JOINT NOTE DATED 27.4.2010 SIGNED BETWEEN R3 AND ALL INDIA BANK OFFICERS' CONFEDERATION, ALL INDIA BANK OFFICERS' ASSOCIATION, INDIAN NATIONAL BANK OFFICERS CONGRESS AND NATIONAL ORGANISATION OF BANK OFFICERS EXHIBIT P3 TRUE COPY OF STAFF CIRCULAR NO.5690 DATED 27.08.2010 ISSUED BY 2ND RESPONDENT. **WP(C) NO. 31731 OF 2010 & CONN** ## **23** ## **APPENDIX OF WP(C) 31581/2010** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER DATED 25.10.2008 ADDRESSED TO 3RD RESPONDENT BY S/SHRI. D.BASU AND K.P.SARMA, PANEL OF ACTUARIES FOR THE VALUCATION, ALONGWITH THEIR ACTUARIAL REPORT ENCLOSED THEREWITH. EXHIBIT P2 TRUE COPY OF JOINT NOTE DATED 27.4.2010 SIGNED BETWEEN R3 AND ALL INDIA BANK OFFICERS' CONFEDERATION, ALL INDIA BANK OFFICERS' ASSOCIATION, INDIAN NATIONAL BANK OFFICERS CONGRESS AND NATIONAL ORGANISATION OF BANK OFFICERS EXHIBIT P3 TRUE COPY OF STAFF CIRCULAR NO.5690 DATED 27.08.2010 ISSUED BY 2ND RESPONDENT. ## **WP(C) NO. 31731 OF 2010 & CONN** ## **24** ## **APPENDIX OF WP(C) 31718/2010** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER DATED 25.10.2008 ADDRESSED TO 3RD RESPONDENT BY S/SHRI. D.BASU AND K.P.SARMA, PANEL OF ACTUARIES FOR THE VALUCATION, ALONGWITH THEIR ACTUARIAL REPORT ENCLOSED THEREWITH. EXHIBIT P2 TRUE COPY OF SETTLEMENT DATED 27.04.2010 SIGNED BETWEEN 3RD RESPONDENT AND ALL INDIA BANK EMPLOYEES' ASSOCIATION, NATIONAL CONFEDERATION OF BANK EMPLOYEES, BANK EMPLOYEES FEDERATION OF INDIA, INDIAN NATIONAL BANK EMPLOYEES FEDERATION AND NATIONAL ORGANISATION OF BANK WORKERS. EXHIBIT P3 TRUE COPY OF STAFF CIRCULAR NO.5690 DATED 27.08.2010 ISSUED BY 2ND RESPONDENT.