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Supreme Court of India · 16/11/2021

GEETA MISHRA versus SIDHO KANHU MURMU UNIVERSITY & OTHERS

[2021] 12 S.C.R. 103 · 2021 INSC 735

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that a widow could not invoke the University’s 1998 fresh-option scheme where her husband had already chosen contributory provident fund and the family had received benefits accordingly. The scheme’s reference to one more chance remained subject to Clause 5, which made family exercise of the option conditional on the employee having died before exercising it. The Single Judge’s broader reading disregarded that condition.

Issues

  1. Whether the family could exercise a fresh retirement-benefit option despite the employee’s completed lifetime election.

Provisions considered

Held

Result

Appeal dismissed. The Division Bench judgment refusing the fresh option and setting aside the Single Judge’s relief was upheld; no costs.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 103.