Sheelkumar Jain vs New India Assurance Co. Ltd. & Ors on 28 July, 2011
Equivalent citations: AIR 2011 SUPREME COURT ... Arising out S.L.P. (C) NO. 3777 OF 2007)
Sheelkumar Jain ...... Appellant
Versus
The New India Assurance Co. Ltd. & Ors. ...... Respondents
placed on the following decisions.
( 1) (2011) 12 SCC 197
Sheelkumar Jain Vs. New India Assurance Company Limited
distinction not to have
been applied by another coordinate Bench in Sheelkumar Jain v.
New India Assurance Co. Ltd.20 . Sheelkumar was an employee ... repelling the submission that
Sanwar Mal (supra) requires reconsideration and that Sheelkumar
Jain (supra) ought to be followed, the Bench observed as follows
Supreme Court in the case of AIR 2011 SC 2990 Sheelkumar
Jain v. New India Assurance Co.Ltd . to inter-alia hold as under ... respondent is covered by
the judgment of the Supreme Court in Sheelkumar Jain 's case (supra).
He states that when a Government servant
Supreme Court reported in ( 2011) 12 SCC 197
[ Sheelkumar Jain Vs. New India Assurance Co.,Ltd. ,].
13. In that particular case, the Supreme Court ... Supreme Court placed reliance on ( 2011) 12 SCC 197 Sheelkumar Jain Vs.
New India Assurance Co. Ltd. , referred supra and held as follows:-
Page
reliance was placed on a recent judgment of this Court in Sheelkumar Jain
v. New India Assurance Company Limited and Others ... rejected by the Court. Further, it was also pointed out that
Sheelkumar Jain’s case (supra) was interpreting an insurance scheme which
is, not comparable
converted into voluntary
retirement in absence of specific stipulation. Therefore
Sheelkumar Jain's case cannot be made applicable in the
facts of this case ... Apex Court after considering the decision in case of
Sheelkumar Jain vs. New India Assurance Co. Ltd.
reported in (2011) 12 SCC 197 came
said case. Relying on judgments of the
Supreme Court in Sheelkumar Jain v. New India Assurance Company
Limited and Others ... that Rule stand substantially fulfilled in
the present case. In Sheelkumar [Sheelkumar Jain v. New India Assurance
Co. Ltd. , (2011) 12 SCC 197] , this Court
Court of India in the case of In the case of Sheelkumar Jain Vs.
New India Assurance Company Limited and others ... respect of
the similarly placed employees, relying on the judgment of Sheelkumar Jain
case, cited supra.
10. The learned counsel appearing on behalf
petitioner relied on
the following judgments:
(a) In the case of Sheelkumar Jain Vs. New India Assurance
Company Limited and others , reported ... dated 10.03.2017, held as follows:
“15. In Sheelkumar Jain’s case (supra 2), it is held
that as per paragraph
