RENUKABEN RASHMIKANT PADIA Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) OUR attention was drawn by the appellant, by preferring Civil Application No. 10736 of 2007, for fixing date of final hearing of the appeal, towards an order passed by the Supreme Court in Civil Appeal No. 5706 of 2006 (SLP No. 9653/2006) dated 11th December, 2006, making following observations:

(2.) THIS appeal arises out of the judgment rendered in Special Civil Application No. 12124 of 2005 on 31. 01. 2006 preferred by the present appellant. 2. 1 The appellant preferred Special Civil Application invoking Articles 14, 16 and 21 of the Constitution of India, praying for a declaration that she is entitled to get family pension from the respondent-Bank, and for a mandate to the respondent to make payment of family pension with effect from 25. 10. 2000, along with interest.

(3.) THE facts leading to the institution of the petition can be briefly stated thus : the petitioner-appellant's husband was working with the respondent-Bank. He joined his service in the year 1976 and continued to work with the Bank till 24. 10. 2000 when he met with an accidental death. The respondent-Bank by a communication dated 5. 10. 2004 conveyed to the appellant that the entire past service of her late husband was forfeited on account of his involvement in fraudulent transactions leading to pecuniary loss to the Bank and, therefore, his family was not entitled to family pension. According to the respondent-Bank, the deceased husband had indulged in fraud on Bank by falsely crediting several amounts into the accounts of his family members and withdrawing the same and thereby had swindled approximately Rs. 11,96,940/- while he was in service. According to the respondent-Bank, it was a case of