MRS. SHOBHA KAUR Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, petitioner Mrs. Shobha Kaur, widow of the late employee Sh. Prithvi Paul Singh, seeks the relief for being granted pension to her late husband and also consequent family pension to the petitioner. Petitioner also prayed that petitioner be granted interest on account of late payment of the terminal benefits.

(2.) The facts of the case are that the petitioner's husband was granted leave to visit USA in the year 1991. The leave was up to 24.12.1991 where after the petitioner's husband returned to India but again went back to USA on 19.2.1992 on the ground that petitioner's mother had suffered a fracture in her hip bone. Petitioner's husband thus went to USA on 19.2.1992 without getting any leave sanctioned and the petitioner claims that the leave applications were "mercilessly rejected " by the employer vide letters dated 20.4.1992 and 2.6.1992. Petitioner then pleads that petitioner's husband submitted his resignation to the bank on 23.10.1992 and petitioner's husband thereafter kept on waiting for his terminal benefits but no intimation was received by the petitioner's husband of non-acceptance of his resignation. The petitioner's husband thereafter was removed from service vide order dated 15.3.1996 on account of continuous unauthorized absence from the office. Petitioner in this writ petition has pleaded that the petitioner's husband never came to know of the order of removal from services dated 15.3.1996. Petitioner further pleads that the pension scheme came into force by the respondent no.1/employer/Central Bank of India in 1995 and petitioner's husband was never informed that he should exercise his option for pension. With these averments the writ petition has been filed seeking the following reliefs:-

(3.) If at all there can be a frivolous case then it is the present case. The following facts stated will show as to how frivolous the case of the petitioner is.