DIWAKAR ALVA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THE legality and the correctness of the order passed by the learned single Judge in writ petition No. 2131/2002 dated 9th July, 2010, is called in question in this appeal. Heard the learned counsel for the parties. The appellant was an employee of the 2nd respondent Bank. He joined the Bank on 13 -8 -1973 as Trainee Officer. He was promoted from time to time. While he was working as Senior Manager on account of introduction of voluntary retirement Scheme 2000 by the 2nd respondent -bank dated 23 -11 -2010, the appellant applied for seeking voluntary retirement pursuant to the scheme on 31st January, 2001. The application filed by the appellant for grant of voluntary retirement was accepted by the Bank on 9 -3 -2001 and the same was communicated to the appellant on the same day. However, on 11 -1 -2002 the appellant intended to withdraw the application filed for voluntary retirement by sending one more application which application came to be rejected on the ground that when once an application seeking voluntary retirement is accepted the same cannot be permitted to be withdrawn at the instance of the appellant. The rejection of the application was challenged by the appellant before the learned single Judge challenging certain provisions of Vijaya Bank (Employees') Voluntary Retirement Scheme 2000 as ultravires to certain provisions of the Constitution and to quash the endorsement issued by the Bank by permitting the appellant to continue in service till he attains the age of superannuation.

(2.) THE learned single Judge after considering the arguments advanced by both the parties and relying upon the Judgment of the Hon'ble Supreme Court in the case of Vice Chairman and Managing Director A.P.S.I.D.C. Ltd. and Another Vs. R. Varaprasad and Others, AIR 2003 SC 4050 and Punjab and Sind Bank and Another Vs. S. Ranveer Singh Bawa and Another, AIR 2004 SC 2334 came to the conclusion that when once an employee has submitted an application seeking voluntary retirement he has no power to withdraw the same after acceptance. Relying upon the Judgments of the Apex Court the writ petition came to be dismissed.