ALLIED BANK LIMITED vs HABIB-UR-REHMAN Ss — 2023 PLC(CS) 1319 SUPREME-COURT

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ALLIED BANK LIMITED VS HABIB-UR-REHMAN Ss. 42 & 54---Suit for declaration, permanent injunction and recovery of benevolent funds---Employee of private bank---Pensionary benefits changed through a revised scheme---Through a Circular the appellant-bank introduced a new retirement benefits scheme ('the new scheme')---New revised scheme was made effective from 01.07.2002 and it, generally, was applicable to all the employees of the appellant-bank unless an employee submitted a "written option" for the pension on frozen basic pay by 30.09.2002; and, in case of non-submission of such a written option by the cut-off date, the employee would be governed by the new revised scheme---By introducing the new revised scheme, the pension up to 30.06.2002 was protected and new retirement benefits in the shape of Contributory Provident Fund (CPF) and gratuity were introduced from 01.07.2002--- New scheme, unequivocally, froze the basic pay as on 30.06.2002 for the purpose of the calculation of pension for an employee of appellant-bank who opted for the old scheme---Respondent admittedly, did not submit a "written option" to opt for the old scheme, and as such his case was to be dealt with in accordance with the new pension scheme---Respondent, being an officer in a position as high as the Vice-President of the bank, was fully conversant with the command as well as the operation of the new scheme and it was a matter of record that he had already received the retirement benefits in accordance with the new scheme and did not raise any objection thereto at the relevant time---Having received the benefits under the newly revised policy, he was now estopped to question the legality of the said new scheme---Trial Court had rightly dismissed the suit of the respondent---Petition for leave to appeal was converted into appeal and allowed.

ALLIED BANK LIMITED vs HABIB-UR-REHMAN Ss — 2023 PLC(CS) 1319 SUPREME-COURT

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