As per case facts, Petitioners, retired SIDBI employees, challenged a Circular from SIDBI that provided a pension option but fixed a cut-off date for pension applicability and denied retrospective arrears. ...
RJ-WP 4746.2022.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.4746 OF 2022
Sandeep Lahiri Choudhury & Anr., ...Petitioners
Versus
Small Industries Development Bank of India &
Ors., ...Respondents
----------
Mr. Ramesh Ramamurthy a/w Mr. Saikumar Ramamurthy and Mr.
Aalim N. Pinjari for Petitioners.
Mr. Anand Pai a/w Mr. Rahul Sanghavi a/w Mr. Ajinkya Kadam i/b
Sanjay Udeshi and Co. for Respondents.
----------
CORAM :R.I. CHAGLA AND
ADVAIT M. SETHNA, JJ.
RESERVED ON : 21
st
JANUARY, 2026.
PRONOUNCED ON : 9
th
FEBRUARY, 2026.
JUDGMENT: (Per 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
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SHARAYU
PANDURANG
KHOT
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.02.09
15:26:50
+0530
RJ-WP 4746.2022.doc
and setting aside Clauses 3(VIII) and 4(IX) of the impugned Circular
dated 29
th
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 the persons who have retired
from the Small Industries Development Bank of India
(“ SIDBI”)in various posts as per the particulars given in
Exhibit-A to the Petition and are claiming pensionary
benefits from their respective dates of superannuation or
date of retirement which has been denied to them by the
impugned HRD Vertical Circular No.16/2022-2023 dated
29
th
June, 2022 issued by Respondent No.3.
(ii) Respondent No.1 – SIDBI is a statutory corporation
created under an Act of Parliament and having its
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RJ-WP 4746.2022.doc
corporate address as shown in the cause title.
Respondent No.2 is the Chairman and Managing Director
of SIDBI having its address as shown in the cause title.
Respondent No.3 is the Head of the HRD in SIDBI who
has issued the impugned Circular dated 29
th
June, 2022.
(iii) SIDBI was created by an Act of Parliament dated
25
th
October, 1989 and had initially introduced Pension
Regulations of 1993. It is pertinent to note that it is the
Petitioners’ case that at the relevant point of time of
introduction of the Pension Regulations, it was not
disclosed to the employees of SIDBI that the said Pension
Regulations of 1993 were not introduced by following
mandatory procedure as required under Section 52(1)
read with Section 52(3) of the SIDBI Act, 1989 which
requires that the said Regulations should be with the
prior approval of the Industrial Development Bank of
India (“Development Bank”) and that it should be
notified in the official gazette and the said Regulations
should be placed before both houses of Parliament for a
total period of 30 days in one or two sessions and then
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RJ-WP 4746.2022.doc
such Regulations would come into effect as modified by
the Parliament. The Petitioners have further claimed that
though the Pension Regulations of 1993 were with the
approval of the Development Bank, they were not
notified in the official gazette nor were the said Pension
Regulations of 1993 placed before both houses of
Parliament. It is accordingly the Petitioners’ case that the
said Pension Regulations of 1993 were never brought
into force and can be at the most said to be executive
instructions or Regulations in draft form having no effect
in law and not creating any rights in favour or against
any employee.
(iv) SIDBI had thereafter introduced Pension
Regulations of 2002 by following the requisite
procedure. Prior to notification of the 2002 Pension
Regulations, a Board Memorandum was put up on 6
th
May, 2002. It is the Petitioners’ case that the Pension
Regulations when placed before the Parliament pursuant
to a specific query raised by the Rajya Sabha Committee
on Subordinate Legislation as to whether the 2002
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RJ-WP 4746.2022.doc
Pension Regulations were issued in supersession of the
1993 Pension Regulations, it was admitted by the
Ministry of Finance before the said Committee that the
1993 Pension Regulations were not brought into force
and were only in a draft form and effectively there is an
admission that the 2002 Pension Regulations were the
only valid Pension Regulations brought into force by
SIDBI.
(v) A Memorandum was put up by the HRD –
Respondent No.3 to the Board of Directors of SIDBI on
28
th
March, 2014 for extending one more option for
Pension to the Contributory Provident Fund (“CPF”)
optees. The Board of Director of SIDBI approved the
Memorandum at its meeting held on 28
th
March, 2014
for granting one more Pension option to the current CPF
optees but with a rider that the said proposal will be
acted upon after it is confirmed by the Government of
India.
(vi) Writ Petition No.2698 of 2017 was filed by the
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RJ-WP 4746.2022.doc
Petitioners to enforce the Board of Directors’ Resolution
dated 28
th
March, 2014. This Writ Petition was disposed
of by this Court vide Order dated 24
th
August, 2018
directing that the proposal of SIDBI be put up to the
Ministry of Finance and shall be acted upon by the
Ministry of Finance within 10 weeks from the date of the
said Judgment, either way.
(vii) Thereafter, the Ministry of Finance remanded the
matter back to SIDBI under Letter dated 9
th
January,
2019 without deciding the issue as contended by the
Petitioners.
(viii) A second Writ Petition No.104 of 2020 was filed by
the employees of SIDBI challenging the action of the
Ministry of Finance.
(ix) A Letter dated 1
st
June, 2022 was received by the
Petitioners during the pendency of Writ Petition No.104
of 2020, wherein the Petitioners were informed that the
Board of Directors of SIDBI had in the meeting held on
17
th
May, 2022 agreed in principle to consider a final
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RJ-WP 4746.2022.doc
opportunity for exercising option for Pension by the
serving / retired employees of SIDBI and eligible family
members of the deceased employees presently covered
by the CPF Scheme.
(x) The Writ Petition No.104 of 2020 was disposed of
vide Order dated 24
th
June, 2022 passed by this Court.
SIDBI was directed to formulate its Scheme for grant of
option for Pension and particularly in view of SIDBI
having expressed its intention of extending one final
opportunity to serving / retired employees as well as to
the eligible family members of the employees who have
passed away for exercising option for pension. It was
further clarified in the said order that in the event, the
Petitioners and other employees find that the terms of
the Pension Scheme now being offered by the SIDBI, are
not to their liking or to their disadvantage, it would
always be open to the Petitioners and other employees
who were not satisfied with the terms of the Pension
Scheme to pursue their remedy in accordance with law
including by approaching this Court. However, if they
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RJ-WP 4746.2022.doc
are satisfied with the Pension Scheme, that would put an
end to their woes.
(xi) The impugned Circular dated 29
th
June, 2022 was
issued by Respondent No.3 – Chief General Manager
HRD Vertical of SIDBI giving option for Pension. It is
pertinent to note that the Petitioners challenge is
restricted to only two clauses i.e. Clause 3(VIII) and
4(IX) of the said Circular. Under Clause 3(VIII) it was
provided that retired employees who have exercised
their option for Pension and have refunded SIDBI’s
contribution to Provident Fund and accrued interest
thereon alongwith simple interest @ 3% per annum as
per Paragraph 3(i) of the Circular, will be applicable for
full Pension from 1
st
July, 2022 upto the date for
commutation of Pension. Further under impugned
Clause 3(IX), it was provided that after completion of all
formalities, eligible retired employees will become
eligible for Pension with effect from 1
st
July, 2022. No
arrears of Pension will be paid for the period prior to 1
st
July, 2022.
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RJ-WP 4746.2022.doc
(xii) The Petitioners through their Advocates filed their
representation to Respondent Nos. 2 and 3 on 29
th
June,
2022 taking objection to the aforementioned impugned
Clauses of the said Circular.
(xiii) The Petitioners thereafter filed the present Writ
Petition impugning the Clauses 3(VIII) and 4(IX) of the
said Circular.
4. The present Writ Petition came up before this Court. By
an Order dated 25
th
March, 2025 this Court observed that the
Judgment delivered by the Division Bench of the High Court of Kerala
in M.T. Mani Vs. Reserve Bank of India & Ors.
1
was likely to favour
the case putforth by the Petitioners. By a subsequent Order dated
13
th
November, 2025 it was observed that the said Division Bench
Judgment was set aside in appeal by the Supreme Court in RBI Vs.
M.T. Mani & Anr.
2
. The Supreme Court had restored the Judgment of
the Single Judge Bench of the Kerala High Court dated 4
th
April,
2023. Accordingly, this Court by the said Order dated 13
th
November,
2025 had placed the matter for considering the submission of the
1
WP No.1037 of 2023 decided on 18
th
December, 2023
22025 SCC Online SC 1217
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RJ-WP 4746.2022.doc
Petitioners that the view taken by the Supreme Court in M.T. Mani
(Supra) may not be applicable to the case of the present Petitioners’
case.
5. Mr. Ramamurthy, learned Counsel appearing for the
Petitioners has referred to the Judgment of the Supreme Court in
M.T. Mani (Supra). He has submitted that it is apparent from
Paragraph 31 of the said Judgment that the Respondent in that case
was eligible on four occasions to avail the benefits of the Pension
Scheme, but he opted out each time and continued with the CPF
Scheme. It is on this observation that the Supreme Court considered
the claim of the Respondent therein, particularly in view of the
Respondent having taken a considered and calculated decision with
regard to non-joining of the Pension Scheme and continuing with the
CPF Scheme.
6. Mr. Ramamurthy has submitted that in the present case,
the Petitioners who were employees of SIDBI, were not given an
opportunity to opt for the Pension Scheme of 2002 till 24
th
June,
2022 when at the hearing of Writ Petition No.104 of 2020 SIDBI had
extended an opportunity for the employees including the Petitioners
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RJ-WP 4746.2022.doc
to exercise the option of Pension as recorded in the said order.
7. Mr. Ramamurthy has referred to the Pension Regulations,
2002 and in particular, Clause 3 thereof under Chapter II –
Application and Eligibility. It is provided therein that the Regulations
will apply to Employees who join SIDBI’s services on or after 1
st
November, 1993; Employees who were in service of SIDBI, except
those Employees who, within the period prescribed by SIDBI, exercise
an option in writing not to be governed by the Regulations, and
Employees who were in service on 2
nd
April, 1990 and retired on or
before 1
st
November 1993, provided they exercise option to be
governed by these Regulations and refund, within such period as may
be specified, the SIDBI’s contribution to the Provident Fund including
interest received by them from SIDBI together with simple interest @
6% per annum from the date of withdrawal till the date of re-
payment. Pension shall be paid to them in accordance with
Regulations 40. He has submitted that this makes it clear that the
Employees of SIDBI are required to be given an option for being
governed by the Pension Regulations, and upon which they may
exercise that option. He has submitted that no such option for
Pension had been given to the Employees.
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RJ-WP 4746.2022.doc
8. Mr. Ramamurthy had accordingly submitted that the RBI
Pension Regulations, 1990 which fell for consideration before the
Supreme Court in M.T. Mani (Supra) are distinguishable from the
SIDBI Pension Regulations, 2002. In that, the Employees of RBI had
been given ample opportunities to opt for the Pension i.e. on four
occasions. However, they opted out and continued with CPF Scheme.
He has submitted that accordingly, the present case is not covered by
the Judgment of the Supreme Court in M.T. Mani (Supra).
9. Mr. Anand Pai, learned Counsel appearing for the
Respondents has submitted that it is apparent from the Order dated
24
th
June, 2022 passed by this Court in Writ Petition No.104 of 2020
that SIDBI was extending one last opportunity to its Employees to
exercise option for Pension vide Communication dated 1
st
June, 2022.
He has submitted that this Court after noting that SIDBI having
expressed its intention of extending one final opportunity in
exercising option for Pension towards serving / retired employees as
well as eligible family members of the employees, who had passed
away, it would be appropriate in the circumstances to grant liberty to
SIDBI to formulate its Scheme, so that all employees (serving /
retired) as well as eligible family members of the deceased employees
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RJ-WP 4746.2022.doc
may get a chance to get Pension in terms thereof. He has submitted
that accordingly, this Court was mindful of the fact that SIDBI had
given prior opportunities to its employees for opting for the Pension
Regulations.
10. Mr. Pai has submitted that there is no distinction
between the facts of the present case and the case which was before
the Supreme Court in M.T. Mani (Supra). He has submitted that
Clauses 3(VIII) and 4(IX) of the impugned Circular are the very
clauses which had fallen for consideration before the Supreme Court
in M.T. Mani (Supra). This was in the case of Master Circular of
Pension dated 1
st
July, 2020. Under the said Master Circular of
Pension, the condition of extension of option of Pension was from 1
st
July, 2020 to the employees inspite of their having retired much
before like M.T. Mani who had retired on 30
th
November, 2014. The
Supreme Court considered the detailed instructions issued by RBI on
18
th
September, 2020 which had referred to the cut off date of 1
st
July, 2020 for eligible retired employees to become eligible for
Pension. It was held that it cannot be said that the cut off date, as
fixed for grant of Pension, while refusing its retrospectivity thereof
would be arbitrary or illegal or discriminatory in nature.
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RJ-WP 4746.2022.doc
11. Mr. Pai has further relied upon the Judgment of the
Supreme Court in Union of India and others Vs. M.K. Sarkar
3
,
wherein the Supreme Court in Paragraph 13 held that the Petitioner
as Employee of Railways having enjoyed the benefits and income
from the Provident Fund amount for more than 22 years could not
switch over to the Pension Scheme which would result in the
employee getting in addition to the Provident Fund amount already
received, a large amount of arrears of Pension for 22 years (which
will be much more than the Provident Fund amount that will have to
be refunded in the event of switch over) and also get monthly
Pension for the rest of his life. If the employee’s belated exercise of
option is accepted, the effect would be to permit the employee to
secure the double benefit of Provident Fund Scheme as well as
Pension Scheme, which is unjust and impermissible. The validity
period of the option to switch over to Pension Scheme had expired on
31
st
December, 1978 and there was no recurring cause of action.
12. Mr. Pai has submitted that the Petitioners having enjoyed
the benefits and income of CPF amount and even if refunded for
pension will entail a larger benefit to the Petitioner having enjoyed it
3
(2010) 2 SCC 59
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RJ-WP 4746.2022.doc
for a substantial period of time.
13. Mr. Pai has submitted that the present pension option has
resulted in a financial burden of around Rs.96 Crores. An additional
burden of around Rs.19.67 Crores would be entailed on the 28
Petitioners alone. There are over 150 such Pension optees and
therefore a mere 18.67% of Pension optees are before this Court.
14. Mr. Pai has submitted that to set aside the impugned
Clauses, would be unjust and impermissible. The Petitioners having
opted for the Pension Scheme which is a package scheme, a part of
that package which they claim is disadvantageous cannot be rejected,
when benefits are taken. He has relied upon the Judgment of the
Supreme Court in Union of India Vs. L.V. Vishwanathan
4
at
Paragraphs 7 & 8 in this context.
15. Mr. Pai has accordingly submitted that the impugned
Clauses are neither arbitrary nor illegal, nor discriminatory in nature
and the present case is covered by the Judgment of the Supreme
Court in M.T. Mani (Supra).
16. Having considered the submissions, we find much merit
4
(1998) 1 SCC 479
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RJ-WP 4746.2022.doc
in the submissions of Mr. Pai for the Respondents. The very
impugned clauses in the present Petition providing for cut off date
fixed for grant of Pension had fallen for consideration before the
Supreme Court in M.T. Mani (Supra), in respect of the RBI Pension
Regulations, 1990. The Supreme Court in the said Judgment had set
aside the Judgment of the Division Bench of the Kerala High Court in
M.T. Mani (Supra) thereby restoring the Judgment of the Single
Bench dismissing the Writ Petition. The Division Bench had held that
there was no rational for RBI to put a condition on extension of
benefit of Pension from cut off date i.e. 1
st
July, 2020 to the
employees who retired much before like the Appellant / Petitioner /
M.T. Mani who retired on 30
th
November, 2014. The Supreme Court
has in the said Judgment in Paragraph 36 held that “Therefore, it
cannot be said that the cut off date, as fixed for grant of Pension
while refusing its retrospectivity, thereof would be arbitrary or illegal
or discriminatory in nature.” It was further held in Paragraph 37 that
M.T. Mani cannot be permitted to blow hot and cold in the same
breath. Each Circular had its own specific terms and conditions,
entitling the retirees or in-service employees to the benefits as were
laid down therein and that too subject to certain conditions.
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RJ-WP 4746.2022.doc
17. The Supreme Court had considered the financial burden
and liability as being prominent aspects taken into consideration by
the Government whilst granting its no objection to the proposed
Scheme for switching from the Pension Scheme to the erstwhile CPF
Scheme optee employees. The retrospective financial burden in that
case would have resulted in unjustified liability of over 900 Crores for
the RBI, which would have led to a financially unsustainable
scenario. It has been held by the Supreme Court that the decision of
the Government falls within the realm of policy decision, keeping in
view the considerations taken note of before ultimately approving the
Scheme of switch over as a last option to the persons who were
eligible under it as laid down therein.
18. These findings of the Supreme Court are equally
applicable in the present case as the present Pension option has
resulted in a financial burden of around Rs.96 Crores. An additional
burden of Rs.19.67 Crores would be entailed on the 28 Petitioners
alone. Further, there are 150 such Pension optees. Therefore, a mere
18.67% of Pension optees are before the Court. Thus, there would be
a financially unsustainable scenario in allowing eligible retired
employees of SIDBI to opt for pension from their date of
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RJ-WP 4746.2022.doc
superannuation / date of retirement and payment of arrears arising
therefrom. It is in order to avoid this that the Circular dated 29
th
June, 2022 was issued by SIDBI fixing a cut off date for eligible
retired employees to become eligible for Pension w.e.f. 1
st
July, 2022
and that no arrears of Pension will be paid with for a period prior to
1
st
July, 2022. The Supreme Court upon considering a similar clause
fixing cut off date for eligible retired employees to become eligible for
pension held that the refusing of grant of Pension retrospectively i.e.
prior to cut off date from date of superannuation / retirement cannot
be held to be arbitrary or illegal or discriminatory in nature.
19. The contention of the Petitioners to distinguish this case
from the case which was before the Supreme Court on the ground
that there was no prior opportunity given to the Petitioners herein for
opting for Pension, whereas in the case before the Supreme Court,
M.T. Mani was eligible on four occasions to avail the benefits of
Pension Scheme but opted out each time and continued with the CPF
Scheme is misconceived. This is apparent from the Order dated 24
th
June, 2022 passed by this Court in Writ Petition No.104 of 2020,
wherein this Court had recorded the submission of SIDBI that by the
Communication dated 1
st
June 2022, the first Petitioner had been
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RJ-WP 4746.2022.doc
communicated the in-principle option of SIDBI to extend “one last
opportunity” for the employees to exercise option for pension. Such
option could be exercised by both the serving as well as retired
employees of SIDBI as well as eligible family members of deceased
employees. This Court has expressed its view that SIDBI having
expressed its intention of extending one final opportunity for
exercising option for Pension to serving / Retired employees as well
as eligible family members of the employees who were deceased, it
would be appropriate in the circumstances to grant liberty to SIDBI to
formulate the Scheme so that all employees (serving / retired) as
well as eligible family members of the deceased employees may get a
chance to opt for Pension in terms thereof. This Court had further
clarified that the Petitioners and other employees who find that the
terms of the Pension Scheme now offered by SIDBI are not to their
liking or to their disadvantage, it would be always open to them to
pursue their remedy in accordance with law, including by
approaching this Court. However, if they were satisfied with the
Pension Scheme that would put to an end to their goals.
20. The serving / retired employees of SIDBI as well as the
eligible family members of the employees who have passed away
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RJ-WP 4746.2022.doc
have thus been given ample opportunities to opt for Pension. The
Petitioners have exercised their option to opt for the Pension Scheme
by switching over from CPF. Their challenge is not with regard to the
entire impugned Circular but to the clauses which have fixed a cut off
date. In our considered view, the Judgment of the Supreme Court in
M.T. Mani (Supra) covers this challenge in the present Writ Petition,
and which challenge has accordingly been rejected.
21. Further, the Petitioners would not suffer any prejudice in
the rejection of this Petition, considering that they have for several
years enjoyed the benefits and income under the CPF Scheme.
22. In that view of the matter, there is no merit in the
present Petition which is dismissed with no orders as to costs.
[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.]
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