Bank of Maharashtra and Ors vs Moreshwar Anant Koshe

The Respondent was placed under suspension on 15.06.1993 due to allegations of misconduct committed by him while working as Branch Manager of the Model Colony Branch, Pune. The disciplinary proceeding initiated against him culminated in an order of compulsory retirement which was passed on 19.02.1998. A Writ Petition was filed by the Respondent questioning the order of compulsory retirement. During the course of the hearing before the High Court, the Respondent restricted his prayer to payment of pensionery benefits.

He contended that his representation to permit him to opt for the 1995 Pension Scheme was rejected by the Bank on the ground that he ought to have exercised his option within the time prescribed. The submission made on behalf of the Respondent that he was not aware of the scheme as he was under suspension and so, he could not exercise his option was accepted by the High Court. The High Court observed that, admittedly, the scheme was not communicated individually to the employees.

The learned counsel for the Appellant submitted that there is no requirement of individual notices to the employees in respect of the pension scheme and publication in the official gazette is sufficient. He submitted that the High Court was not right in holding that the scheme was not placed on the notice board.

Taking note of the fact that the Respondent had served the Bank for 28 years and that he was eligible to seek the benefit of pension except for the fact that he did not opt within the prescribed period, the High Court directed that Bank to allow the Respondent to submit his option for the 1995 Pension Scheme.

We are not inclined to interfere with the exercise of discretion by the High Court in the facts and circumstances of the case.

Accordingly, the Appeal is dismissed. Pending applications, if any, stand disposed of. However, the question of law is kept open.