HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 235 of 2015 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard learned counsel for the parties and perused the record. 2. The present Special Appeal has been filed against the judgement and order dated 23.1.2015 passed by learned Single Judge in Writ-A No.3253 of 2015, operative portion of which reads as under:- "The facts of said case and the ratio laid down therein is not applicable to the facts of the present case as the petitioner had never opted for pension, had accepted the post retiral dues under the Contributory Provident Fund Scheme, further, the petitioner being a Senior Manager, superannuated in 2002, the pension scheme was launched in 1995, of which the petitioner was fully aware but did not choose to exercise option in favour of the pension scheme, it would not be open to the petitioner to contend, that the petitioner be included in the pension scheme at this belated stage that too after retirement. The Court in exercise of its inherent jurisdiction under Article 226 of the Constitution cannot enhance the cut off date for option in respect of an individual, which would be contrary to the scheme. In this view of the matter, I do not find any illegality with the impugned." 3. Counter affidavit has been filed on behalf of Respondent-Bank. Relevant Versus Counsel for Appellant(s) : Ganesh Datt Mishra, Ashok Kumar Dwivedi Counsel for Respondent(s) : , P.N.Tripathi Rama Shankar Shukla .....Appellant(s) Allahabad Bank Thru. Chairman And 2 Others .....Respondent(s) paragraph no. 24 of the aforesaid counter affidavit, reads as under:- "That pursuant to Bipartite Settlement/Joint Note dated 27.4.2010, the Respondent Bank issued Instruction Circular No.11143/PA/2010-11/27 dated 15.09.2010 inviting options from the eligible employees /ex-employees to opt for pension in lieu of CPF with closing date of option on 18.11.2010. This time the Appellant herein pursuant to above mentioned Circular dated 15.09.2010 opted for pension in lieu of CPF vide his option and refunded the requisite amount as per Bi-partite settlement dated 27.04.2010 including Bank's contribution to CPF received by him at the time of retirement and he is being paid pension under ABEPR-95 w.e.f. 27.11.2009 as per the terms of the Bipartite Settlement/Joint Note dated 27.04.2010. It is pertinent to mention here that although the demand of the workmen unions/officers associations was that in case of the retired employees pension should be paid w.e.f. their respective date of retirement, but it was ultimately agreed between the parties of the Settlement/Joint Note that in case of the retired employees pension would be payable only w.e.f. 27.11.2009. At present the monthly pension being paid to the Appellant is Rs.21,941-34 as per his entitlement." 4. In this view of the matter, it is argued that the writ petition filed by the petitioner itself become infructuous. Hence the present special appeal has also become infructuous. 5. Reply to paragraph no.24 of the counter affidavit has been made in paragraph no.8 of the rejoinder affidavit in which the aforesaid facts were duly admitted with the rider that the claim of pension from 01.08.2002 to 26.11.2009 is still pending consideration. 6. In response to the aforesaid, the counsel for the Allahabad Bank placed before this Court Inter Office Memo dated 11.02.2011 according to the same the pension for the aforesaid period was also paid to the petitioner. The aforesaid pleading advised is also taken on record. 7. After going through the same, a prayer has been made by the counsel for SPLA No. 235 of 2015 2 the appellant that the present special appeal has become infructuous for all practical purposes and the same be dismissed as having become infructuous. 8. In view of the above, the present special appeal is dismissed as having become infructuous. September 14, 2026 Gaurav Kuls SPLA No. 235 of 2015 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad