SHAMS MEHMOOD MIRZA, J.----This writ petition calls into question letter dated 20.02.2015 issued by the respondent bank.
2. The petitioner remained president of National Bank of Pakistan from 01.12.1996 to 27.02.1997 whereafter he was posted as Member Banking and Finance Service Commission and was terminated from service on 04.07.1998 on the charge of misconduct. The petitioner was paid provident fund on 30.08.2013. The petitioner is aggrieved by the quantum of payment of provident fund as according to him the amount was to be paid as per formula mentioned in Rule 12 of the National Bank of Pakistan Employees Provident Fund Rules up to the date of the payment i,e, 30.08.2013. It was contended by the learned counsel that the amount of Rs,600,288/- to which the petitioner was entitled as on 30.06.1998 remained with the National Bank of Pakistan in the provident fund up to the date of payment and as such interest thereon was liable to be applied on the basis of Rule 12 of the National Bank of Pakistan Employees Provident Fund Rules. It was accordingly stated that the petitioner was entitled to receive an amount of Rs,5,161,700/- on account of provident fund.
3. Parawise comments have been filed by the National Bank of Pakistan in which the stance of the petitioner has been controverted. The learned counsel appearing on behalf of National Bank of Pakistan stated that the petitioner had earlier filed Writ Petition No,5537 of 2015 for challenging letter dated 20.02.2015 and for payment of Rs,5,161,700, which writ petition was unconditionally withdrawn in order to avail alternate remedy. The petitioner thereafter approached the Banking Mohtasib by filing a complaint which was also dismissed on 27.07.2015. Learned counsel submitted that in view of unconditional withdrawal of the aforementioned writ petition, the present writ petition was not maintainable. He furthermore submitted that by virtue of Rule 19 of National Bank of Pakistan Employees Provident Fund Rules, interest on all money in the provident fund ceased on the day of dismissal of the petitioner from the Bank.
4. Arguments heard, record perused.
5. The subject matter of Writ Petition No,5537 of 2015 filed by the petitioner was the same as has been agitated in this writ petition. The prayer clause of both the writ petitions are almost identical in terms of their content. Writ Petition No,5537 of 2015 was unconditionally withdrawn by the petitioner on 20.03.2015. In the circumstances, the petitioner is precluded from filing the present writ petition.
6. Even otherwise, Rule 19 of National Bank of Pakistan Employees Provident Fund Rules reads as under: interest on all moneys standing in the books of the Fund to the credit of a member shall cease on the day he leaves the service of the Bank or the day on which he dies, whichever event happens first.
It is an admitted fact that the petitioner as a result of an inquiry held against him was awarded major penalty of dismissal from service through Notification dated 04.07.1998 issued by the Government of Pakistan. In terms of Instructions Circular No,166/98 dated 24.10.1998, the dismissal of the petitioner w.e.f. 04.07.1998 was notified to all concerned by National Bank of Pakistan in terms of Rule 19. By the terms of Rule 19, the interest on all moneys standing in the books of the Fund to the credit of a member shall cease on the day he leaves the service of the Bank. In the circumstances, the petitioner was not entitled to any interest on the amount of the provident fund standing in his name after 04.07.1998 when his dismissal Notification was circulated. Even otherwise, the petitioner instead of collecting the amount of provident fund on 04.07.1998 when it had matured filed various representations before different quarters and took legal action against his dismissal order. This action of the petitioner does not entitle him to claim interest on the amount of provident fund from the date of his dismissal. Be that as it may, the National Bank of Pakistan as a special favour to the petitioner paid profit as per usual interest rate to him on the amount of provident fund from the date of his dismissal till 13.05.2013 amounting to Rs,1,756,510.34.
7. National Bank of Pakistan vide impugned letter thus declined the petitioner's request for payment of amount of Rs,5,161,700/ for valid reasons to which no exceptions can be taken.
8. For the reasons, facts and circumstances explained above, this writ petition being devoid of any merit is dismissed.