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3. The Chief Manager of the respondent bank filed the counter stating that petitioner applied for voluntary retirement on 25.01.2001 under SBH (Employees) Voluntary Retirement Scheme, 2001 which contains a declaration that 'I undertake that on account of my voluntary retirement from the bank under the Scheme, I have no right to claim for compassionate appointment'.

The Government of India vide letter dated 28.11.1996 directed the bank that the scheme of compassionate appointment shall be in consonance w0ith the law laid down by the Hon'ble Supreme Court in Umesh Kumar Nagpal v. State of Haryana {(1994) 4 SCC 138} and also in Hariyana State Electricity Board v. Naresh Tanwar (CA No. 3216-17/06). According to the Scheme, the case of the employee, who had to leave the bank's service on medical grounds on or after 01.01.1979 can be considered before he / she attains the age of 55 years due to incapacitization by accidents or specific ailments like paralysis, cancer and blindness, etcetera.