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2022 Supreme(SC) 1278

INDIRA BANERJEE, V. RAMASUBRAMANIAN
Central Bank of India – Appellant
Versus
Nitin – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Debal Kumar Banerji, Divyanshu Sahay, Shradha Narayan, Akshay Samay, Mithu Jain.
For the Respondents: Pragyan Pradeep Sharma, Neeraj Kumar Gupta, Ranjeet Kumar Singh, Kartikay Dutia, Pallavi Kumari, Arti Prasad, Abhishek Kumar.

JUDGMENT :

INDIRA BANERJEE, J.

1. Leave granted.

2. This appeal is against the judgment and order dated 04.08.2021 passed by the Aurangabad Bench of the High Court of Judicature at Bombay, (Division Bench), allowing the writ petition being Writ Petition No. 12352 of 2018 filed by the respondent and directing the appellant to consider the case of the respondent for compassionate appointment as per his seniority in filing the application for compassionate appointment, “but from the date of the petitioner having quit his clerical job with the ICICI Bank Limited.”

3. The respondent-writ petitioner’s father, Mr. Y.P. Arawade, who was working as Special Assistant in the Kolgaon Branch of the Appellant-Bank in Ahmednagar District, Maharashtra applied for voluntary premature retirement from service on 16.04.2015 on the ground of medical incapacitation.

4. The prayer of the respondent writ petitioner’s father for premature retirement on the ground of medical incapacitation was allowed with effect from 26.06.2015.

5. The appellant-Bank has from time to time framed schemes for dependents of deceased employees/physically incapacitated employees in terms of the guidelines issued by the Government of


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