VidhiSangh

Supreme Court of India · 17/03/2025

BANK OF INDIA & ORS. versus MUTHYALA SAIBABA SURYANARAYANA MURTHY & ANR.

[2025] 4 S.C.R. 120 · 2025 INSC 373

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Summary

A retired bank employee who missed the 30 October 2010 deadline fixed by a circular for opting into the Bank of India (Employees') Pension Scheme, 1995 applied four months late, pleading a short hospitalisation. The Single Judge dismissed his writ petition; the Division Bench allowed his appeal because the scheme was beneficial. The Supreme Court restored the dismissal: a beneficial policy with a time limit cannot be availed at the subject's convenience, wide publicity had been given, no legal right was denied so no mandamus could issue, and writ courts do not act on sympathy or come to the aid of the indolent.

Issues

  1. Whether the Division Bench of the High Court was justified in interfering with the Single Judge's dismissal of the writ petition of a retiree who exercised his option to join the pension scheme after the deadline fixed by the bank's circular.

Provisions considered

Held

Result

Appeal allowed. The Division Bench's judgment and order dated 7 March 2024 set aside; the Single Judge's judgment and order dated 22 November 2023 affirmed; the first respondent's writ petition stands dismissed.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 120.