In a significant legal ruling by the Supreme Court of India, a Senior Manager in the Bank successfully challenged the rejection of his application for the pension scheme due to late submission. The Court’s decision allowing the late submission in this exceptional case has far-reaching implications. Stay tuned to learn more about the details and impact of this landmark judgment.
Facts
- The respondent, a Senior Manager in the Bank, filed a writ petition after being aggrieved by the rejection of his application for the pension scheme.
- The Bank issued a circular on 23.08.2010 providing an opportunity for employees who retired after 29.09.1995 but before 27.04.2010 to opt for the pension scheme, with an application deadline of 25.10.2010.
- The respondent learned about the circular only on 18.11.2010, after the deadline had passed.
- Despite taking voluntary retirement on 15.01.2001, the respondent sought to apply for the scheme but was rejected by the Bank due to late submission.
- The Bank filed a Letters Patent Appeal (LPA) before the Division Bench following the rejection of the respondent’s application.
- The Single Judge allowed the C.W.P. filed by the respondent based on a Bombay High Court judgment.
- The respondent was abroad at the time and had no knowledge of the circular dated 23.08.2010.
- The rejection of the respondent’s application filed after the cut-off date was deemed unjustified considering the circumstances.
- The Division Bench upheld the Single Judge’s order directing the bank to accept the respondent’s option under the Pension Scheme.
- The respondent exercised his option under the pension scheme after returning from abroad as he was not aware of the circular during his time abroad.
Also Read: Solapur Municipal Corporation vs. Majarewadi Gram Panchayat Employees
Arguments
- Contentions on merits urged by Mr. Jagat Arora, learned counsel for the appellants-Bank
- Not necessary to delve into details of the contentions as the cut-off date was
- The respondent claimed that he was abroad during the relevant time and was unaware of the extension of the scheme.
- The cut-off date for exercising the option under the Pension Scheme 2010 was upheld as 25.10.2010.
- Despite the normal rule that options should be exercised within the prescribed timeframe, the Court considered the respondent’s long service to the bank and allowed the late submission of the option in this exceptional case.
- The Court emphasized that this decision should not be considered a precedent for future cases.
Analysis
- All public sector banks have a scheme for opting for the pension scheme with a specified date to opt in
- Retired officers were given the option to exercise the pension scheme subject to conditions
- The fixed date for exercising the option by the appellants-Bank is not disputed
Also Read: Jagdishchandra v. Joint Charity Commissioner & Ors.
Decision
- The appellant Bank is directed to approve the High Court’s order in this case.
- The respondent is required to return the provident fund contribution received in 2001 with 6% interest from 16.01.2001 to 25.10.2010 within fifteen days.
- The Bank must process the respondent’s request for pension payment and benefit dues within sixty days of receiving the request.
- Pension payment to the respondent will be effective from the order date of 04.09.2015.
- No interest will be applicable on pension payments ordered between 04.09.2015 and the date of actual receipt by the respondent.
- The appeal is disposed of accordingly.
Case Title: ORIENTAL BANK OF COMMERCE AND ORS Vs. JANAK RAJ SHARMA
Case Number: C.A. No.-007757-007757 / 2019
