T.S.THAKUR, R.BANUMATHI
Shashikala Devi – Appellant
Versus
Central Bank of India – Respondent
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,
Wit
UCO Bank and Ors. v. Sanwar Mal (2004) 4 SCC 412
Reserve Bank of India and Anr. v. CECIL Dennis Solomon and Anr. (2004) 9 SCC 461
D. S. Nakara and Ors. v. Union of India (1983) 1 SCC 305
Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd. and Ors. (1984) 3 SCC 369
Deokinandan Prasad v. State of Bihar (1971) 2 SCC 330
State of Punjab v. Iqbal Singh (1976) 2 SCC 1
D. S. Nakara v. Union of India (1983) 1 SCC 305
S. Appukuttan v. Thundiyil Janaki Amma and Anr. (1988) 2 SCC 372
K. M. Mathew v. Hamsa Haji (1987) 3 SCC 326
Vatan Mal v. Kailash Nath (1989) 3 SCC 79
Employees State Insurance Corporation v. R. K. Swamy and Ors. (1994) 1 SCC 445
Union of India and Anr. v. Pradeep Kumari and Ors. (1995) 2 SCC 736
Sudhir Chandra Sarkar v. Tata Iron and Steel Company Ltd. and Ors. (1984) 3 SCC 369
Union of India and Ors. v. Lt. Col. P. S. Bhargava (1997) 2 SCC 28
Sheel Kumar Jain v. New India Assurance Company Limited and Ors. (2011) 12 SCC 197
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