SAPNA ROY Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner joined the respondent bank on Jan. 2, 1984 and was permitted to retire on April 28, 2007 on the ground of total incapacitation.

(2.) The petitioner opted for pension pursuant to a circular of Aug. 27, 2010. The circular was a result of a bipartite settlement with workmen's unions of member banks of the Indian Banks Association and an agreement with the officers associations of the member banks. There is no dispute that if the petitioner had not obtained voluntary retirement, albeit on medical grounds, she would have been eligible to opt for the pension.

(3.) The petitioners request to obtain pension was declined on the ground that she had obtained voluntary retirement. Clause 7 of the bipartite settlement or joint note specifies the persons who would not be eligible to exercise the pension option: