R JYOTHI Vs. GENERAL MANAGER DENA BANK MUMBAI

JUDGEMENT

(1.) THE petitioner in this petition is a widow. Her husband Sri G. S. Ramesh was working as a Computer Operator in the 1st respondent: dena Bank (hereinafter referred to as 'the Bank ). The respondent-Bank introduced the scheme known as 'dena Bank Voluntary Retirement scheme-2000'. The said scheme came into operation with effect from 15th January, 2001. Pursuant to the said scheme, the husband of the petitioner and several other employees of the Bank submitted the application seeking voluntary retirement from the Bank in terms of the scheme introduced. It is not in dispute that the husband of the petitioner gave his application on 15th January, 2001, that is, within the time prescribed. However, to the misfortune of the petitioner, her husband expired on 16th February, 2001. The Bank took up the applications, filed by the employees of the Bank seeking for voluntary retirement, on 20th February, 2001. It is the case of the Bank that since the petitioner had expired on 16th February, 2001, the application of the petitioner, and few others, who had expired before the date of the consideration of application was not considered for granting permission seeking voluntary retirement.

(2.) IN this petition, the petitioner has sought for a direction to the bank to consider the application of her husband G. S. Ramesh seeking voluntary retirement on the merits of the said application and extend the benefit of voluntary retirement to him as if he was alive on the date of the application of others came up for consideration, that is on 20th february, 2001.

(3.) SRI L. Mahesh, learned Counsel appearing for the petitioner submitted that since there is no serious dispute that the husband of the petitioner, as per the terms of the scheme introduced by the Bank was entitled to seek voluntary retirement and it could not have been denied to him, the death of the husband of the petitioner, prior to the consideration of the application filed seeking voluntary retirement, should not make any difference. Elaborating this submission, the learned Counsel pointed out that since the terms of the scheme provides that once the application filed is irrevocable and if the terms of the scheme enables an applicant to seek voluntary retirement, what is required to be done by the Bank is, only a formal decision, to accept the application made and permit the applicant to retire from the Bank.