CELESTINE JOHN FERNANDES Vs. SENIOR BRANCH MANAGER, HRD-KARNATAKA ZONE HUMAN RESOURCES DEPT., BANK OF INDIA

JUDGEMENT

(1.) This petition is filed for issue of Writ of Certiorari to quash the order dtd. 8/8/2011 passed by 1st respondent (Annexure-'A') and order dtd. 24/8/2011 passed by 1st respondent (Annexure-'B') and reinstate the petitioner in service with effect from 19/9/2011 and to grant all consequential benefits including the back wages by considering the representation made by the petitioner dtd. 4/12/2015, 11/2/2016 and 5/4/2016 (Annexure-'C' 'D' and 'E') and in the alternate to direct the respondent Bank to treat the petitioner as voluntarily retired from service of the 5th respondent Bank with effect from 13/9/2011 and provide all the VRS benefits along with interest at the rate of 18% per annum.

(2.) Heard learned counsel for the petitioner and learned counsel for respondents.

(3.) The petitioner joined the service of 5th respondent-bank as a clerk on 1/1/1986 and she had put in more than 25 1/2 years service in the 5th respondent-bank. Thereafter, the petitioner had opted for the benefit of the retirement under the Voluntary Retirement Scheme of the 5th respondent-bank and she has communicated the same by expressing her intention to opt for taking the voluntary retirement from service on health ground as she was suffering from severe blood pressure by her letter dtd. 2/7/2011. 1st respondent by his letter dtd. 8/8/2011 informed the petitioner that as per prevailing regulations, she being the PF optee is not eligible for voluntary retirement from service and declined her request for voluntary retirement from service. 1st respondent also informed the petitioner that the only option available to the petitioner is to resign from bank service (Annexure-'A'). The petitioner requested the 1st respondent to treat her letter dtd. 2/7/2011 as a notice of resignation from the bank service and also requested to accept the same (Annexure-'G'). The Branch Manager forwarded the said application to the Zonal Manager as per Communication dtd. 14/8/2011 (Annexure-'H'). Thereafter, 1st respondent passed an order stating that competent authority has accepted her request for resignation from the bank services with immediate effect (Annexure-'B'). The petitioner aggrieved by the said communication, sought for quashing of the said communications (Annexure-'A' and 'B').