P B DURGANNAVAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE facts of the case are: the petitioners were employed by the respondent Bank. The Bank had introduced a Voluntary Retirement Scheme in terms of a Circular dated 29. 12. 2000. It was open to all permanent employees of the Bank, except those defined as "ineligible". It was stipulated that employees ought to have completed 40 years of age as on 31. 12. 2000. The petitioners claimed to be eligible and submitted their applications seeking voluntary retirement.

(2.) IN implementing the above Scheme, the Bank decided to specify a "cut-off age" of 55 years and rejected the applications of the petitioners, since according to the Bank, the petitioners were both born on 1. 1. 1946 and had not attained the age of 55 years as on 31. 12. 2000. The petitioners had continued to be in the service of the Bank.

(3.) BY coincidence, an employee of the very respondent bank, within the jurisdiction of the Andhra Pradesh High Court, and whose application had been rejected on the very ground that he was born on 1. 1. 1946 and has hence not attained 55 years of age on 31. 12. 2000, had preferred a writ petition before the Andhra Pradesh High Court, which was allowed, holding that a person born on 1. 1. 1946 would complete 55 years of age on 31. 12. 2000. And, the bonk was directed to re-consider the case of the said employee seeking voluntary retirement under the Scheme.