ORIENTAL BANK OF COMMERCE Vs. JANAK RAJ SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) The respondent was working as a Senior Manager in appellants-Bank. He took voluntary retirement on 15.01.2001. On 23.08.2010, the appellants-Bank issued circular granting opportunity to the employees who were in service of the Bank prior to 29.09.1995 and had retired after the date but prior to 27.04.2010 to opt for the pension scheme. The circular had a last date of application which was 25.10.2010 but the respondents got to know about the said circular only on 18.11.2010. He applied for the same. His application was rejected by the appellants-Bank on the account of late submission of the application. Being aggrieved by such rejection, respondent filed writ petition before the High Court.

(3.) The learned Single Judge vide order dated 04.09.2015 allowed C.W.P. NO.9855 of 2012 filed by the respondent relying on the judgment passed by the Bombay High Court in the case of Kayoji Sorabji Mirza v. UBI & Ors. and held that the respondent was being abroad at that time had no knowledge of the circular dated 23.08.2010. Therefore, the rejection of the application of the respondent filed after the cut-off date is held not justified keeping in mind the facts of the case. Being aggrieved, the appellants-Bank filed LPA before the Division Bench.