“11. The learned writ Court noted that the writ petitioners have deposited a sum of Rs.2,31,251/- and Rs.4,26,175/- respectively. Furthermore, the learned writ Court noted that the appellant/organisation has not denied the receipt of the different amount, which was paid by the writ petitioners. However, the appellant/organisation had been continuously harping on the issue that the option exercised in terms of paragraph 11(4) of the said scheme was deemed to be irregular, cannot be accepted. Thus, taking note of the option exercised by the writ petitioners dated 16th July, 2015, the writ Court came to the conclusion that such option cannot be ignored. Furthermore, in the decision of the Hon’ble Supreme Court in Sunil Kumar B. & Ors. ETC (supra) the Hon’ble Supreme Court extended the time to exercise option under paragraph 11(4) by a further period of 4 months and nothing that the writ petitioners along with their employer namely the Bank had exercised such an option in terms of paragraph 11(4) of the scheme and more particularly when the writ petitioners were directed to deposit the additional contribution in terms of paragraph 11(4), therefore, the writ Court held that the appellant/organisation cannot turn around and not suit the writ petitioners stating that they have not approached them with the requisite application in the terms of the liberty granted by the Hon’ble Division Bench in F.M.A. 3090 of 2015.
