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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Sandeep Lahiri Choudhury – Appellant
Versus
Small Industries Development Bank of India – Respondent
| Table of Content |
|---|
| 1. challenge to circular clauses denying retrospective pension arrears. (Para 1 , 2 , 3 , 4) |
| 2. sidbi employees denied prior pension scheme opt-out opportunities. (Para 5 , 6 , 7 , 8) |
| 3. m.t. mani precedent applies; cutoff prevents double benefits. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. pension cutoff date neither arbitrary nor discriminatory. (Para 16 , 17 , 18) |
| 5. ample prior opportunities given; petition dismissed. (Para 19 , 20 , 21 , 22) |
JUDGMENT :
R.I. Chagla, J.
1. Rule. Rule made returnable forthwith. Heard by consent of parties.
2. By this Writ Petition, the Petitioners are seeking quashing and setting aside Clauses 3(VIII) and 4(IX) of the impugned Circular dated 29th June, 2022 (Exhibit-N to the Petition). Further direction is sought against the Respondents to pay all the retired employees and family members of the deceased employees the pension from the respective date of superannuation or the date of retirement and also pay the arrears arising out of such payment of Pension from the date of superannuation / retirement date till the current date.
3. The relevant facts leading up to the filing of the present Writ Petition are as follows:
(i) The Petitioners are
Cutoff date for pension upon switch from provident fund, denying pre-cutoff arrears, is not arbitrary or discriminatory due to prior opt-out opportunities, financial burden, and scheme as policy pack....
The entitlement to pension benefits under the Pension Regulations and related circulars extends to all eligible employees, irrespective of the type of retirement.
Employees retiring on medical grounds are entitled to pension options under applicable circulars, provided they have completed the requisite service and did not voluntarily resign.
Pension is a recognized right, and waiver of rights must be informed and conscious; prior undertakings do not negate rights established by subsequent regulations.
The main legal point established in the judgment is that the Corporation cannot use financial burden as a ground for refusal to grant pensionary benefits, and that the Corporation's failure to implem....
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
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