TARUN AGARWALA, VINOD SRIVASTAVA, JJ. - (1.) Heard Sri Narendra Kumar Giri, learned counsel for the petitioner and Sri Akshat Sinha, Advocate holding brief of Sri Y.K. Sinha, learned counsel for respondents no. 2 and 3.
(2.) Petitioner's husband Bhupndra Naraian Pandey was employed in the Indian Telephone Industries, at Naini, in the District Allahabad on the post of Chief Manager. The respondent issued a circular no. 481 of 17.11.2003 introducing a scheme for premature retirement on medical grounds. The scheme provided payment of gratuity, provident fund etc. In addition to the aforesaid, ex-gratia payment was also given under certain conditions. The condition and the benefits of the scheme are extracted herein under: "1. The scheme is applicable to all permanent Non-officers & officers up to & including Gr. 10 who have completed a minimum of 10 years of service in the Company GR who have attained 40 years & above of age. 2. A Medical Board consisting of three doctors as may be constituted by the Unit Head/Functional Head or his authorised representative shall medically examine the continued fitness or otherwise of the employee and give a report as to whether, the employee can continue to do the job for who he /she is engaged. 3. Based on Medical report if the Unit Head or his authorised representative comes to the conclusion that the employee cannot continue to do the job for which he/she is engaged the services of such an employee shall be deemed to be prematurely retired from services on medical grounds. 4. Benefits 4.1. An officer Non-officer whose request for Premature Retirement is accepted will be entitled to the following normal terminal benefits. a) Gratuity. b) Provident Fund. c) Encashment of Drivilege Leave at credit as on the date of release. d) Encashment of unavailed Casual Leave in proportion up to the date of release on VR; e) TA/DA to self and family members to move to one's home town/selected place of residence any where in India where he/she and his/her family wish to settled down, as per TA Rules. f) Unavailed LLTC encashment for the current block. g) One telephone instrument, free of Cost (TPS-90 or NET-1 for northern Units and ALFA Modular or FACE DELTA for southern Units). The benefits at (a), (b), (c), (d), (f) & (g) will be settled at the time of release subject to completion of all formalities and there being no dues to the company. 4.2 EX-GRATIA Taking a compassionate view of the circumstances in such cases, it has been decided that the employees whose services are being prematurely retired on Medical Grounds will be paid 90% of the ex-gratia payment as indicated below in addition to his/her normal terminal benefits. An employee will be entitled to opt for any one of the following method of calculation of ex-gratia payment: (I) Ex-gratia payment to be computed at the rate of 1.5 months emoluments (Basic+DA) for each completed year of service or the monthly emoluments (Basic+DA) at the time of Premature Retirement multiplied by the balance months' of service left before attaining the age of 58, whichever is less - (SCHEME-A) OR (ii) 35 days salary (Basic Pay +DA) for every completed year of service and 25 days salary for every year of balance service left up to the age of 58 years. The ex-gratia will be subject to a minimum of Rs.25,000/- or 250 days salary whichever is higher. However, ex-gratia shall not exceed the sum of the salary that the employee would draw at the prevailing rates for the balance of the period left upto the age of 58 years.- (SCHEME-B). Note: (1) For the purpose of calculation of one day's salary for the ex-gratia a month is to be reckoned as 30 days for both the options e.g.:- Basic Pay (Rs.7000/-) + DA(Rs.2500/-) = Rs.9500/- Rs. 9500/ 30 days Rs. 316.66 (one day's salary). (2) In option (i) above/only completed year of service will be taken into account and not fractions thereof. (3) In option (ii) above the calculation of VCR has to be made for complete years and for part service (i.e. months & days). Calculation of VRC for completed years of service; completed years of service X 35 X salary (one day's salary as calculated at (1) above). Ex-gratia for part service has to be calculated on pro-rata basis as follows:- (a) for complete months: one day's salary as calculated at (1) above X 35 X completed months/12. (b) for complete days: one day's salary as calculated at (1) above X 35 X completed days/12/30. A similar method has to be adopted for calculation of exgratia for leftover service except that instead of 35 days 25 days has to be substituted."
(3.) The petitioner's husband was not keeping good health since December 2003 and was admitted to Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow, on the advice of the authorised doctor of the respondent company and remained in the hospital for a couple of months. Even after discharge from the hospital the petitioner's husband health deteriorated and accordingly the petitioner indicated his helplessness to discharge his official duties. The petitioner's husband consequently applied for premature retirement on medical grounds by moving an appropriate application dated 10th June 2004. As per the circular dated 17.11.2003, based on the petitioner's husband application, a panel of doctors authorised by the respondent company examined him on 18th June 2004 and found that the petitioner's husband was not fit to continue in the job in which he was engaged. The recommendations of the Medical Board is as under: "He is suffering from left cavernous sinus lateral wall Metastasis (Squamous Cell Carcinoma) with right Hemiparesis with left fifth nerve paresis, left seventh nerve paresis and left Opthalmopleaie BP 100/70. He is in a Semiconscious state so his signature could not be taken & his thumb impression was obtained with the help of his son. The Medical Board is of this opinion that he is not fit to continue in the Job in which he is engaged.";