Dalip Singh, J. - (1.) This special appeal has been preferred by the officials of the Life Insurance Corporation of India against the judgment dated 08.09.2006 passed by the learned Single Judge in S.B. Civil Writ Petition No. 6026/1997 by which the writ petition was allowed with the directions to the appellants to grant the retiral benefits to the petitioner respondent, as per the pension scheme framed by the appellant-Corporation.
(2.) The facts, in brief, are that the petitioner-respondent herein filed a writ petition stating therein that on completion of more than 20 years of service with the appellant-Corporation, the petitioner-respondent submitted a letter on 15.06.1990 which has been filed as Annexure-3 to the writ petition, the same reads as follows:- "S.L. Meena Anuraj Resort Ranthambhor Road, Sawai Madhopur Dated 15-6-1990 Respected Sir, Re: Leave With the reference to your two letters dated 9.6.90, I would like to submit as under:- When I joined after sick leave I have submitted all the sickness and fitness certificate and copies of all certificates, which are in my file at Dholpur when I will resume my duties I will submit all my copies again. Due to the marriage of my niece I had to remain on leave from 29th Jan., 1990 to 4th Feb., 1990 if it is more than 6 days kindly treat it P.L. and sanction as P.L. When I went to Jaipur for budget discussion on 7th March, 1990, I found that my wife was admitted in Zanana Hospital, Chandpole Gate, Jaipur for major operation and it become very necessary for me to take the leave from 9th March to 26th March, 90 as P.L. The C.L. was taken from 5th to 6th April, 90 to shift my wife from Jaipur to Sawai Madhopur as per the advice of the surgeon of my wife. I had to take again her for check up to Jaipur on 7th and 8th May, 1990 and accordingly applied for C.L. from 7th to 9th May, 1990. As I returned from Jaipur I fell sick due to stomach pain (recurrent acute pain abdomen and dermatitits) and applied for medical leave from 10th May 1990 onwards by telegrahpically. The necessary medical certificate are enclosed for needful. As all the circumstances stated above make clear that my absence from duty is either because of my illness or on my wife's illness (certificate enclosed) if health of myself and my wife does not allow as the only cause remain with me is to take voluntary retirement. With kind regards, Yours faithfully, Sd/- (S.L. MEENA) Sh. Kumar S.De, Manager(Marketing) L.I.C. of India, JAIPUR" (Emphasis supplied.)
(3.) As would be evident from the aforesaid letter on account of the circumstances mentioned therein, the D.B.Civil Special Appeal (Writ) No. 172/2008. Sr. Div. Manager, LIC of India and Anr. v. Shree Lal Meena . petitioner submitted that he may be permitted to take voluntary retirement.;