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july 2011

Supreme Court of India · 2011-07-28

Sheelkumar Jain vs New India Assurance Co. Ltd. & Ors

Citation / case number
AIR 2011 SUPREME COURT 2990
Court
Supreme Court of India
Petitioner
Sheelkumar Jain
Respondent
New India Assurance Co. Ltd. & Ors
Author
A. K. Patnaik
Bench
A. K. Patnaik, R. V. Raveendran

Judgment text excerpt

The Supreme Court held that the appellant, having resigned from his position, was not entitled to benefits under the General Insurance (Employees') Pension Scheme, 1995, as per Clause 22 which states that resignation results in forfeiture of past service. The Court clarified that resignation cannot be equated with voluntary retirement under Clause 30 of the Pension Scheme, 1995. Consequently, the appeal against the Madhya Pradesh High Court's dismissal of the writ petition was dismissed, affirming the High Court's interpretation of the Pension Scheme.

Sheelkumar Jain vs New India Assurance Co. Ltd. & Ors · Niyam