VIDYA SEETHARAM Vs. CANARA BANK

JUDGEMENT

(1.) Petitioners have sought for quashing of communication dated 22.02.2012 addressed to the Counsel for the petitioners, informing that the Voluntary Retirement under Special Scheme of the deceased husband of first petitioner is not accepted, as such, the petitioners are not entitled for terminal benefits under the Special Voluntary Scheme. Petitioners have also challenged Clause 7.7 of the Special Voluntary Retirement Scheme, produced at Annexure- A.

(2.) It is not in dispute that, the husband of the first petitioner was appointed as a Clerk and thereafter he was promoted and ultimately he was a Senior Manager. While he was working as a Senior Manager, several Banks introduced Special Voluntary Scheme. Accordingly, even respondent Bank also issued a Special Voluntary Scheme by issuing a communication dated 11.12.2000. The said Scheme was valid only for a period of one month i.e., upto 31.01.2001. The employees, who had put in 15 years of actual service or who were 40 years, were eligible to seek for Special Voluntary Retirement. Accordingly, husband of the first petitioner also made an application on 15.01.2001. He had put in about more than 37 years of service in the Bank and was also 40 years. He had qualified as per the eligibility, however, in terms of Clause 7.7, the power was conferred on the Competent Authority to accept or reject the request of the voluntary retirement. The husband of the first petitioner did not receive any communication in terms of Clause 7.7 and while he was on duty, he died on 27.02.2001 and the respondent Bank made payments to the legal heirs of the deceased employee in terms of the Regulations applicable to the employee, who dies while he was in service .

(3.) These petitioners made a claim alleging that they are entitled for the benefit under the Special Voluntary Scheme for which the first petitioner's husband had made an application. The said request was turned down by the Bank in terms of the impugned communication dated 22.02.2012 produced at Annexure- E, as against which, these writ petitions are filed.