Facts in issue in civil writ
a k wadhera
(Querist) 01 June 2015
This query is : Resolved
I have a civil writ in service matters pending in Delhi High Court, which is fixed for arguements in July. Rule order was passed in 2004. Case came up for hearing in 2015. I am representing the petitioner, a bank employee, who had submitted his pension option in 1996, while under suspension. It was duly recd. by the concerned branch manager, who is one of the respondents in the writ.Counter filed by bank says that the branch manager has refused having recd. the option letter from my client, and hence his name was not included in list of pension optees and therefore he is not entitled for pension. In the year 2008, the branch manager who appeared as witness in a criminal trial deposed that the same option letter is recd. by branch manager,and the copy was marked as Exhibit in the criminal trail. The copy of option is already annexed with the writ. Now certified copy of this evidence has been filed by me as additional evidence in high court, which has been kept on record. But counsel for bank has to file reply to this additional affidavit, which probably is on the ground that evidence was given in 2008 and it is being filed now in 2015. I have two doubts on this issue. 1. The issue of pension is not disputed on law basis, but on fact basis as to whether the option was recd. by bank or not, which may not be within writ jurisdiction. 2.In case a ground of delay in filing additional evidence is raised by opposite party, what is my defence. Please clarify and oblige. Thanks. akwadhera0133@rediffmail.com
T. Kalaiselvan, Advocate
(Expert) 14 June 2015
You have to present your version the reason which made you not to include the present evidence earlier and argue the issue on merits in your side.
