1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Writ Petition No.2550 of 2008 Shri Dnyandeo D. Kanse through his wife Alka D. Kanse Petitioner Vs. Pay & Accounts Officer & ors. Respondents Mr.Vinod Joshi and Mr.Sandeep Deo for petitioner. Mr.Y.S.Bhate with Mr.N.R.Prajapati for resp.nos.1 and 1A. Mr.Harihar Bhave for resp.nos.2 to 4. CORAM: J.N.PATEL & S.J.KATHAWALLA,JJ. November 17, 2008. P.C. 1. Learned counsel for the petitioner states that the petitioner may be granted leave to join Prasar Bharati through Director, Doordarshan Kendra, Worli, Mumbai. Prayer is granted. Necessary amendment be carried out forthwith. Mr.Bhate waives service for newly added resp.no.1A. 2. Heard the learned counsel for the parties. 2 3. This petition can be disposed of at the stage of admission itself. The petitioner is required to approach this Court in a very peculiar facts and circumstances of the case for seeking relief against the State Bank of India that they should allow the petitioner to open a joint account along with his wife. It will be operated by his wife in so far as it relates to opening of the pension account. It is the case of the petitioner that he was appointed as a Motor Driver in Prasar Bharati and subsequently having suffered mental and physical disability, he was found permanently incapable of performing his duties in the course of his employment. Therefore, the petitioner stands retired but considering his service, he is entitled to draw invalid pension and for the said purpose he has to have a pension account in the State Bank of India. 4. It is the case of the petitioner that when he approached the State Bank of India with a request that the present Account No.10127085670 be treated as pension account of the petitioner as it is in the joint names of the petitioner and his wife Smt. Alka D. Kanse, the Bank refused to entertain such a 3 request as the rules governing such account did not permit a savings bank account to be converted into a pension account and, therefore, the petitioner has sought direction against his employer as well as the State Bank of India, Vikhroli Branch to treat his account no.10127085670 as pension account. 5. We have heard the learned counsel for the parties and find that this is a case which requires to be considered on compassionate ground for the very reason that the petitioner is a mentally and physically incapable of operating his account, particularly the pension account which otherwise has to be in the name of the pensioner. In the present case the petitioner is entitled and eligible to draw invalid pension and as a way out the learned counsel appearing for the employer as well as Pay and Accounts Officer and the learned counsel for the State Bank of India have submitted that the Court may pass appropriate orders to facilitate the petitioner to draw his invalid pension by opening an account in the State Bank of India, Vikhroli Branch and that this should not be considered as a precedent but as an exception in the peculiar facts and circumstances of the case. 4 6. Therefore, we dispose of this petition with a direction to the respondent - Bank to treat the present Account No.10127085670 as pension account of the petitioner at Vikhroli Branch wherein the pension to be paid by the employer of the petitioner shall be credited and the same being a joint account, the petitioner would be allowed to operate the same through his wife. 7. The petitioner’s wife can very well open a separate savings bank account in her name so as to enable her to withdraw the balance lying in the savings bank account which is to be treated as pension account by leaving the minimum amount of Rs.1000/- for keeping the account alive, so as to enable her to withdraw the amount and credit in her individual account. 8. Prasar Bharati - employer of the petitioner will issue the Pension Payment Order through its Pay and Accounts Officer, in the name of the petitioner and his wife to be credited in account No.10127085670, State Bank of India, Vikhroli Branch as also payment of arrears of the monthly pension payable to the 5 petitioner by crediting in the said account. 9. Petition is disposed of accordingly.