Supreme Court - Daily Orders
Union Bank Of India vs Sapna Roy on 9 July, 2021
Bench: Uday Umesh Lalit, Ajay Rastogi, Aniruddha Bose
ITEM NO.3 Court 3 (Video Conferencing) SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No. 28093/2019
(Arising out of impugned final judgment and order dated 20-09-2019
in FMA No. 3809/2016 passed by the High Court at Calcutta)
UNION BANK OF INDIA & ORS. Petitioner(s)
VERSUS
SAPNA ROY Respondent(s)
Date : 09-07-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner(s)
Mr. Anup G. Chaudhari, Sr. Adv.
Mr. O. P. Gaggar, AOR
Mr. Aditya Gaggar, Adv.
For Respondent(s)
Mr. Siddharth Bhatnagar, Sr. Adv.
Mr. S. Chatterjee, Adv.
Mr. Panchanan Let, Adv.
Mr. Aditya Sidhra, Adv.
Mr. Nadeem Afroz, Adv.
Ms. Pallavi Pratap, Adv.
M/s. Pratap and Co., AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Anup G. Chaudhari, learned Senior Advocate in support of the petition and Mr. Siddharth Bhatnagar, learned Senior Advocate for the respondent on caveat. Signature Not Verified The essential facts leading to the filing of the Digitally signed by Nidhi Ahuja Date: 2021.07.10 13:08:00 IST Reason: instant proceedings as set out in the judgment of the High Court which is presently under challenge in this Court, are 1 SLP (C) No. 28093/2019 as under:
“The appellant was appointed as Hindi Officer of the bank on 2nd January, 1984. On 12th November, 2005 she was transferred to Siliguri.
She became afflicted with Cervical Spondylosis with multilevel disc degeneration of the lumbar spine. She also developed asthma. A qualified doctor attached to the bank’s “staff cardiac clinic”, on 6 th February, 2007 certified that he agreed with the opinion of the M.R. Bangur, Government Hospital that the appellant was not in a condition to resume her normal duties. This was accepted by the bank which issued a memorandum on 28th April, 2007 acceding to the request of the appellant for premature retirement “due to total incapacity of work”. She was paid an exgratia amount of Rs.8 lakhs. She was relieved of all duties after the office hours of 30th April, 2007. On 27th April, 2010 communicated by a circular dated 27th August, 2010 the respondent bank granted another opportunity to the employees to exercise the option to join the pension scheme. The appellant applied accordingly on 27th October, 2010. The bank informed the appellant by a letter dated 5 th July, 2011 that she was not eligible to exercise the option. The ground relied upon by the bank was that the appellant had retired voluntarily by resignation and was, thus, not eligible for pension by the operation of the said settlement and regulations.” Without going into the reasoning which weighed with the High Court in rejecting the claim of the respondent herein, in the peculiar facts and circumstances of the case on record, we see no reason to exercise our jurisdiction under Article 136(1) of the Constitution of India.
The special leave petition is dismissed.
(NIDHI AHUJA) (VIRENDER SINGH)
AR-cum-PS BRANCH OFFICER
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