1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._______/2025 [ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) No.9940/2020] NATIONAL INSURANCE COMPANY LTD. APPELLANT(S) VERSUS M. ANURADHA RESPONDENT(S) O R D E R 1. Leave granted. 2. Heard learned senior counsel appearing for the parties. 3. The respondent was an employee of the appellant. After completing 21 years of service from the year 1981, the real issue started from the year 2002 when she applied on 15 th May, 2002 for grant of leave to travel to USA along with her husband. Thereafter, leave for different reasons was granted to her by the appellant till 3 rd June, 2003. An application made on 2 nd June, 2003 for granting extension of leave by six months on medical grounds on CIVIL APPEAL NO._______/2025 [@ SLP (CIVIL) No.9940/2020]
2 “loss of pay” basis was earlier rejected by the appellant. Thereafter, the request was granted for the period from 4 th June, 2003 to 2 nd September, 2003. Another extension was sought in September, 2003, which was granted by the appellant till 2 nd December, 2003. On the basis of a Voluntary Retirement Scheme of the appellant, on 19 th January, 2004, the respondent applied for voluntary retirement. Though it is claimed by the appellant that the said application was rejected, nothing is placed on record to show that the order of rejection was communicated to the respondent. The disciplinary proceedings were commenced against the respondent on the basis of a Show Cause Notice dated 26 th February, 2004. Article of charge was served upon the respondent on 14 th June, 2004. 4. Penalty of compulsory retirement was imposed on the respondent. The learned Single Judge, on a writ petition filed by the respondent, has set aside the penalty and directed reinstatement of respondent with back wages to the extent of 50%. 5. An appeal was carried by the appellant to a Division Bench. By the impugned judgment dated 9 th September, 2019, while confirming the judgment of the learned Single Judge, on a concession made by the respondent, the order of back CIVIL APPEAL NO._______/2025 [@ SLP (CIVIL) No.9940/2020]
3 wages was modified by granting 25% of the back wages. 6. After having heard learned senior counsel appearing for the appellant, we find that there is no case for interference as far as order of the learned Single Judge setting aside the penalty is concerned. The allegation in the charge-sheet was as regards unauthorized absence from 3 rd December, 2003. On 19 th January, 2004, the respondent applied for voluntary retirement. As stated earlier, a copy of order rejecting the application was never provided to the respondent. 7. However, we find that no case was made out to grant back wages for the period for which admittedly the respondent had not worked. 8. Therefore, the impugned orders are modified only to the extent that the orders directing payment of back wages to the respondent are hereby quashed and set aside. Rest of the directions contained in the impugned order of the learned Single Judge are confirmed. 9. The appeal is partly allowed on above terms. 10. We grant time of three months to the appellant to make compliance with that part of the order of the learned Single Judge which is confirmed under this order. CIVIL APPEAL NO._______/2025 [@ SLP (CIVIL) No.9940/2020]
4 11. Pending application(s), if any, shall stand disposed of. ..........................J. (ABHAY S.OKA) ..........................J. (UJJAL BHUYAN) NEW DELHI; FEBRUARY 11 , 2025. CIVIL APPEAL NO._______/2025 [@ SLP (CIVIL) No.9940/2020]
5 ITEM NO.4 COURT NO.4 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.9940/2020 [Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court for The State of Telangana at Hyderabad] NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 11-02-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) :Mr. P.S. Patwalia, Sr. Adv. Mr. Vivek Kishore, AOR Mr. Zorawar Singh, Adv. Mr. Jayaant Rastogi, Adv. Ms. Peehu Singh, Adv. For Respondent(s) :Mr. K Parameshwar, Sr. Adv. Ms. Aakashi Lodha, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is partly allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file] CIVIL APPEAL NO._______/2025 [@ SLP (CIVIL) No.9940/2020]
ITEM NO.28 COURT NO.5 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9940/2020 [Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court for The State of Telangana at Hyderabad] NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 08-01-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. Zorawar Singh,Adv. Mr. Jayant Rastogi,Adv. Ms. Peehu Singh,Adv. Mr. Vivek Kishore, AOR For Respondent(s) Mr. K.Parameshwar,Sr.Adv. Ms. Aakashi Lodha, AOR UPON hearing the counsel the Court made the following O R D E R On the request made by the petitioner, list on 11 th February, 2025 in the first five cases. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER
ITEM NO.21 COURT NO.5 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 9940/2020 [Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court for The State of Telangana at Hyderabad] NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 17-12-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Zorawar Singh, Adv. Ms. Peehu Singh, Adv. Ms. Dhriti Bhatia, Adv. Mr. Vivek Kishore, AOR For Respondent(s) Mr. K. Parameshwar, Sr. Adv. Ms. Aakashi Lodha, AOR UPON hearing the counsel the Court made the following O R D E R On the request made by the learned counsel appearing for the petitioner, list on 8 th January, 2025. (ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.24 COURT NO.5 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 9940/2020 [Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court for The State of Telangana at Hyderabad] NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 12-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Vivek Kishore, AOR Mr. Zorawar Singh, Adv. Mr. Jayant Rastogi, Adv. Ms. Dhreti Bhatia, Adv. Mr. Maninder Singh, Sr. Adv. For Respondent(s) Mr. K. Parameshwar, Sr. Adv. Ms. Aakashi Lodha, AOR UPON hearing the counsel the Court made the following O R D E R List on 17 th December, 2024. (ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.60 COURT NO.7 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No.9940/2020 (Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court For The State of Telangana At Hyderabad) NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 10-05-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Vivek Kishore, AOR Mr. Hitesh Mankar, Adv. Mr. Zerawar Singh, Adv. Mr. Varun Tandon, Adv. Mr. Sudhanshu Ghai, Adv. For Respondent(s) Mr. K.Parameshwar, AOR Ms. Kanti, Adv. Mr. Chinmay Kalgaonkar, Adv. Ms. Raji Gururaj, Adv. UPON hearing the counsel the Court made the following O R D E R List on 12 th November, 2024 on a non-miscellaneous day. Interim order granted earlier by this Court to continue. (KAVITA PAHUJA) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.45 COURT NO.7 SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9940/2020 (Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court for the State of Telangana at Hyderabad) NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 04-01-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Maninder Singh,Sr.Adv. Mr. Zorawar Singh,Adv. Mr. Hitesh M.,Adv. Mr. Varun Tandon,Adv. Mr. Vivek Kishore, AOR For Respondent(s) Ms. Arti Gupta, Adv. Mr. K.Parameshwar, AOR Ms. Kanti, Adv. Mr. Chinmay Kalgaonkar, Adv. UPON hearing the counsel the Court made the following O R D E R List on 2 nd April, 2024. Interim relief granted earlier by this Court to continue. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER
ITEM NO.18 REGISTRAR COURT. 2 THROUGH VIDEO CONFERENCE SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VINOD SINGH RAWAT Petition(s) for Special Leave to Appeal (C) No(s). 9940/2020 NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) Date : 18-01-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Vivek Kishore, AOR For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R The office report indicates that service of notice is complete on the sole respondent but no one has entered appearance on his behalf. Viewed in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. VINOD SINGH RAWAT Registrar MG
1 ITEM NO.3 Court 4 (Video Conferencing) SECTION XII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).10141/2020 (Arising out of impugned final judgment and order dated 09-09-2019 in WA No. 1384/2018 passed by the High Court for the State of Telangana at Hyderabad) NATIONAL INSURANCE COMPANY LTD. Petitioner(s) VERSUS M. ANURADHA Respondent(s) (WITH I.R. and IA No.54436/2020-CONDONATION OF DELAY IN FILING and IA No.54439/2020-EXEMPTION FROM FILING AFFIDAVIT and IA No.54438/2020-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 14-08-2020 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr K V Vishwanathan, Sr. Adv. Mr. Vivek Kishore, AOR Ms. Rajya Lakshmi Kaushish, Advocate Ms. Shreya Tyagi, Advocate Ms. Akhila Palem, Advocate For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Delay condoned. 2 Issue notice, returnable in twelve weeks. 3 Till the next date of listing, there shall be an ad interim stay of operation of the judgment and order dated 9 September 2019 of the High Court of Telangana in WA No 1384 of 2018.
2 4 The petitioner undertakes to deposit the court fee within a period of six weeks from today. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER