Shankar V. Talpe vs The Union Of India And Ors
2016 Latest Caselaw 373 Bom

           This Order is modified/corrected by Speaking to Minutes Order dated 17/03/2016

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       ORDINARY ORIGINAL CIVIL JURISDICTION




                                                                                              
                               WRIT PETITION NO.713 OF 2015




                                                                      
    Shankar V. Talpe                                                           ]
    Age about 64 yrs., Occupation Retired                                      ]
    Residing at Vrindavan Co-Op. Hsg. Soc. Ltd.,                               ]
    Room No.656, Vikhroli Parksite, Raigad Vibhag,                             ]




                                                                     
    Vikhroli (W) Mumbai No.400 082.                                            ] ...    Petitioner

            Versus




                                                      
    1.  The Union of India                                   ]            
         through Ministry of Finance through                   
                                    ig                       ]
         it's Secretary, New Delhi.                                     
                                                             ]
                                                             ]
    2.  The Indian Bank                                                  
                                                             ]
                                  
         Having it's Head Office Human Resource Dept.        ]
         Pension Cell, 66 Rajaji Salai, Chennai - 600 001.   ]
                                                             ]
    3.  The General Manger (HRM)                             ]
          Indian Bank, Head Office, Human Resource Dept. ]
           


          Pension Cell, 66 Rajaji Salai, Chennai - 600 001.  ]
        



                                                             ]
    4.  The Assistant General Manager                        ]
         Zonal Office, HRM Cell, Indian Bank, Mumbai.        ]
                                                             ]





    5.  The Branch Manager,                                  ]
          Indian Bank, having his office at Smeet Apartment, ]
          Upashray Lane, Ghatkopar East, Mumbai No.77.   ] .. Respondents

                                      .....
    Mr. Gautam Kanchanpurkar, for the Petitioner.





    Mr. Chunawala, a/w. Mr. A.R. Varma, for Respondent No.1.

    Mr. Nitin Nikam, for Respondent Nos. 2 to 5.
                                      .....




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           This Order is modified/corrected by Speaking to Minutes Order dated 17/03/2016

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                                                        CORAM : ANOOP V. MOHTA &
                                                                              S.C.GUPTE, JJ.

7 MARCH 2016.

Oral Judgment (Per Anoop V. Mohta, J.):

. Rule. Rule made returnable forthwith. Heard finally by

consent of the parties.

2. We are inclined to dispose of the present writ petition at the

stage of admission itself, as we have noted, after going through the

documents placed on record and submissions made by the learned Counsel appearing for the parties, that for opting the family pension scheme the

Petitioner was required to submit the option on 30 August 2010. The Petitioner appears to have submitted such option before the stipulated date. There is a letter on record to show that Respondent No.5 had already

intimated the same to Respondent No.3 on 30 August 2010 also referring

to the contribution made towards the pension fund by the Petitioner, along with other optees, who joined the pension scheme in terms of the Bipartite settlement dated 27 April 2010. There is an acknowledgement on record

of the branch office of Respondents dated 30 August 2010 of the same. There are further documents on record to show that along with others the requisite contributions of the Petitioner were deducted and sent to the

circle office.

3. We have also noted that the Respondents by communication dated 3 November 2010 also acknowledged the Petitioner's option for the

This Order is modified/corrected by Speaking to Minutes Order dated 17/03/2016

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scheme referring to the joint note dated 27 April 2010, whereby it is further acknowledged that the Petitioner had tendered the option form to

become a member of the bank's pension scheme. The submission of learned Counsel appearing for the Respondents that the Petitioner never opted

and/or never submitted the option for family pension scheme within the prescribed period, in our view, is unacceptable. We find that the Petitioner throughout made representations that he had already opted for the

pension scheme along with others and, therefore, claimed the entitlement for all the benefits, as per the scheme. Learned Counsel appearing for the Respondents is unable to justify the earlier correspondences referred to

above, whereby option was given by the Petitioner along with others, in

time.

4. Therefore, taking an overall view of the matter and as sufficient case is made out, we see no reason to deny the claim of the Petitioner based upon the above admitted position on record. We see no

reason to reject the claim solely on the stated ground of delay in filing this

petition as the cause of action is continuing one. Therefore, the Petitioner is entitled for the reliefs claimed in terms of prayer clauses (a) and (b). Rule is made absolute accordingly. No costs.

           (S.C.Gupte, J.)                                     (Anoop V. Mohta, J.)