ANIL KSHETARPAL,J. - (1.) By this judgment, various civil writ petitions details whereof have been given on the heading of the judgment shall stand disposed of.
(2.) All these writ petitions have been filed by the retired employees of various Nationalized Banks who have retired before 01.11.2002. On 01.12.2020, with the consent of the learned counsel for the parties it was decided to treat CWP 31321-2019 (Gurcharan Singh Vs. Punjab & Sindh Bank) as a lead case and Learned counsels representing the parties in all the writ petitions were permitted to file their comprehensive pleadings. Hence, the facts are being noticed from CWP-31321-2019 (Gurucharan Singh Sidhu vs. UOI). Through this writ petition, the petitioner has sought the following substantive reliefs:- (i) A writ in the nature of Certiorari for setting aside the reply to the notice dated 25.02.2019 (Annexure P-6) vide which the claim of the petitioner has been rejected erroneously. (ii) It is further prayed to issue a writ in the nature of Mandamus for directing the respondent No.2 to release the upto date claim of the petitioner along with 18% interest per annum from the date it become due till the date of its actual payment. On careful reading of the pleadings, it is apparent that the petitioner has woven his case on the basis of an alleged unilateral letter dated 28.06.2005 circulated by the Indian Banks Association. The writ petitioner claims that on account of this unilateral letter the Dearness Allowance payable to the retirees who retired before 01.11.2002 has been unilaterally reduced. It is further claimed that such communication is not binding on the petitioner. It is also claimed that the aforesaid communication is against the Punjab & Sindh Bank ( Employees') Pension regulations 1995 ( hereafter referred to as Pension Regularions).
(3.) The writ petition has been contested by the Bank while taking various objections including the fact that the writ petition is liable to be dismissed in view of a detailed judgment passed by the Hon ble Supreme Court in United Bank of India and others vs. United Bank of India Retirees Welfare Association and others , 2018 16 SCC 539. It is also pleaded that the letter issued by Indian Bank Association on 28.06.2005 is on the basis of a joint note dated 02.06.2005 which was signed on the same day when 8th bipartite settlement was signed, i.e. on 02.06.2005.;