Judgment :

T.S. Thakur, J.

1. Leave granted.

2. The short question that falls for our consideration in this appeal by special leave is whether letter dated 8th October, 2007 sent by late Shri Mauzi Ram, husband of the appellant, was in essence a letter seeking pre-mature retirement on medical grounds or a letter of resignation from the service of the respondent-bank. The High Court has while dismissing the writ petitio and the appeal filed by the deceased employee declared that the letter in question was a letter of resignation that resulted in forfeiture of the entire service rendered by the employee disentitling him to claim any pensionary benefits. The correctness of that view is under challenge in this appeal filed by the widow of the deceased employee who passed away during the pendency of the proceedings before the High Court. Since the answer to the question so much depends upon the circumstances in which the letter referred to above was written by the deceased-employee, we may as well reproduce the same in extenso :

Patna

Date : 9-10-07.

To

The Zonal Manager, Central Bank of India,

Zonal Office,

Patna.

Though : Proper Channel

Sub : Resignation from the service of bank

Respected Sir,

With due respect I have to submit the following reasons which has compelled me to resign from my service.

In the year 2003 I was attacked with severe carnio cervical spondylisis problem and I was referred to Dr. P.S. Ramani, Lilavati Hospital, Mumbai where I had to go under surgical treatment. Within a month time I suffered acute prostate problem also for which I had to go for operation at Sheela Urology Centre, Patna by Dr. S. S. Ambasta. But I could not get rid of my suffering of and on pain and giddiness goes acute. As a result I have been finding myself unable to move to the extent of discharging routine duty.

Under the circumstances I had to remain on leave on many occasions even on loss of duty.

Of late prostate problem has further aggravated actuely. Presently I am under the treatment of Dr. S. S. Ambasta at Patna. Acute Cervical disease coupled with prostate treatment of Dr. S. S. Ambasta at Patna. Acute Cervical disease coupled with prostate complication has virtually make me totally disabled even to perform my routine work.

In support of my submission I enclose herewith xerox copies of medical prescriptions of my treatment at Lilavati Hospital, Mumbai and of Urology Centre, Patna and Doctor’s prescription towards my present treatment.

Under the above stated circumstances of my health which has made me incapacitated for rendering service in the bank. This in view I tender my resignation from the service of bank. I urge upon your honour to be kind of accept my resignation from service at the earliest so that I may be able to go for advance treatment out of my terminal benefits which is the only left out financial resource for my livelihood and medical treatment. I with my family members will be highly obliged for your kind and favourable consideration on my aforesaid request.

Thanking you,

Yours faithfully,

(Mauzi Ram)

Clerk,

Rajbanshi Nagar,

Patna.' (Emphasis supplied)

3. A plain reading of the above makes it manifest that the employee sought relief from the duties attached to his job on account of his medical condition that had rendered him physically disabled to which he has made extensive reference in the letter itself. The letter relies upon and encloses copies of medical prescriptions from the hospital where the employee was undergoing treatment in support of his prayer. It was because of his incapacity arising out of his failing health that the employee prayed for being relieved of his service in the bank. What is important is that the employee had prayed for release of his terminal benefits to enable him to undergo treatment for his illness. The letter mentions that his terminal benefits are the only financial support for his livelihood and the treatment that he required.

4. The bank treating the letter of the employee as a letter of resignation from