LexSENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA LTD. & ORS. versus SHREE LAL MEENA
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[2015] 12 S.C.R. 158 A SENIOR DIVISIONAL MANAGER, LIFE INSURANCE B CORPORATION OF INDIA LTD. & ORS. v. SHREE LAL MEENA (Civil Appeal No. 14739 of 2015) (NOVEMBER-26, 2015) [DIPAK MISRA AND PRAFULLA C. PANT, JJ.] c Service Law: Life Insurance Corporation (Employees) Pension Rules, 1995- rr. 3, 31 - Retiral benefits- Grant of- Employee seeking voluntary retirement- On 14.07.1990, the employee 0 sent letter of resignation to the Corporation - Resignation accepted on 11.01.1991 - Thereafter, 1995 Rules coming into force with retrospective effect from 01. 11.1993 - Representation by employee for grant of pension on the ground that Rules were applicable to him in terms of r. 3 as E he was in service of the Corporation on 01.01.1986 and had retired before 01. 11. 1993 - Corporation held that the employee was not entitled to the grant of pension - Writ Petition by employee, for grant of retiral benefits from the Corporation - Allowed by the Single Judge and Division F Bench of the High Court - On appeal, held: 1995 Rules are not entirely retrospective - They have limited retrospectivity - r. 31 expressly has not been made retrospective - It is difficult to treat r. 31 as retrospective, in the absence of any deemed clause that the employees who had earlier resigned G shall be treated as employees as if they had voluntarily retired - When r. 31 covers the field of voluntary retirement and does not make it retrospective, there being a real difference between resignation and retirement, it is not seemly to read the amended regulations to the rules to make the same H retrospective - View expressed in Asger Ibrahim Amin that 158 SENIOR DIVISIONAL MANAGER, UC OF INDIA LTD. v. 159 SHREE LAL MEENA retrospectivity has been given to r. 31 cannot be accepted - A In view of the aforesaid, matter referred to larger Bench - Tiff the matter is decided, the Corporation to continue paying 50% of the pensionary amount to employee, commencing from 01.12.2015. J.K. Cotton Spinning and Weaving Mills Company Ltd. v. State of UP and Ors. AIR 1990 SC 1808:1990 (3) SCR 523:(1990) 4 sec 27; Jaipal Singh v. Sumitra Mahajan (Smt.) and another 2004 (3) SCR 683 : 2004 (4) SCC 522; Padubidri Damodar Shenoy v. Indian Airlines Limited and another 2009 (14) SCR 356:2009 (10) SCC 514; Reserve Bankoflndia and another v. Cecil Dennis Solomon and another 2003 (6) Suppl. SCR 465 : (2004) 9 SCC 461; UCO Bank and others v. Sanwar Mal 2004 (2) SCR 1125:(2004) 4 SCC 412; Sheelkumar Jain v. New India Assurance Company Limited and others 2011 (9) SCR 574:(2011) 12 SCC 197; National Insurance Company Limited and another v. Kirpal Singh 2014 (1 ) SCR 380:(2014) 5 sec 189; Shashikala Devi v. Central Bank of India and others (2014) 16 SCC 260; Sudhir Chandra Sarkarv. T/SCO Ltd. 1984 (3) SCR 325: (1984) 3 SCC 369; Union of India v. Pradeep Kumari 1995 (2) SCR 703 : (1995) 2 SCC 736; Asger Ibrahim Amin v. Life Insurance Corporation of India (2015) 9 JT 329:(2015) 10 SCALE 639; Shyam Babu Verma v. Union of India 1994 (1) SCR 700:(1994) 2 SCC 521; State of M.P v. Yogendra Shrivastava 2009 (14) SCR 1137:(2010) 12 SCC 538; M.R. Prabhakar v. Canara Bank 2012 (8) SCR1072:(2012) 9 SCC 671 - referred to. B c D E F G H 160 SUPREME COURT REPORTS [2015] 12 S.C.R. A Case Law Reference 1990 (3) SCR 523 referred to. Para 5 2004 (3) SCR 683 referred to. Para 7 ·s 2009 (14) SCR 356 referred to. Para 7 • 2003 (6) Suppl. SCR 465 referred to . Para 15 2004 (2) SCR 1125 referred to. Para 16 2011 (9) SCR 574 referred to. Para 17 c 2014 (1 ) SCR 380 referred to. Para 18 (2014) 1s sec 260 referred to. Para 19 1984 (3) SCR 325 referred to. Para 19 D 1995 (2) SCR 703 referred to. .Para 19 (2015) 9 JT 329 referred to. Para 20 1994 (1) SCR 700 referred to. Para 21 2009 (14) SCR 1137 referred to. Para 21 E 2012 (8) SCR 1072 referred to. Para 21 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 14739 of2015 F From the Judgment and Order dated 16.08.2011 of the High Court of Judicature for Rajasthan at Jaipur Bench, in D.B. Civil Special Appeal [Writ] No. 172 of 2008 in S. 8. Civil Writ Petition No. 6026 of 1997 D. N. Goburdhan, Lal Ratimaman, AbhishekAggarwal G for the Appellants. Ansar Ahmad Choudhary for the Respondent. The Order of the Court was delivered H DIPAK MISRA, J. 1. Leave granted. SENIOR DIVISIONAL MANAGER, UC OF INDIALTD. v. 161 SHREE LAL MEENA [DIPA
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