STATE BANK OF MYSORE Vs. G MAHADEVAPPA

JUDGEMENT

(1.) THE appellant - State Bank of Mysore has filed this writ appeal challenging the order dated 16. 11. 2006 passed by a learned Single Judge in writ petition No. 12512 of 2002, allowing the writ petition filed by the respondent herein, directing the appellant-bank to consider the case of the respondent - writ petitioner for pension, computed value of pension etc. , as per the State Bank of Mysore (Employees) Pension regulations, 1995, treating the respondent-writ petitioner as having voluntarily retired under Regulation 29 of the Pension Regulations and to pay all such emoluments for the period of privilege leave that was standing to his credit at the time of his voluntary retirement from the services of the appellant-bank.

(2.) A Division Bench of this Court had occasion to consider a similar fact situation in a batch of writ appeals in the case of Syndicate Bank Vs. K. V. Venkatesh and Others, W. A. No. 860 of 2002 and connected matters decided on 18. 11. 2006 and this Court after following the decisions of the apex Court viz. , i. M/s. J. K. Cotton Spinning and Weaving Mills Company limited, Kanpur Vs. State of U. P. and Others, AIR 1990 sc 1808. ii. UCO Bank and Others Vs. Sanwar Mal, (2004) 4 SCC 412. iii. Jaipal Singh Vs. Smt. Sumitra Mahajan and Another, air 2004 SC 2066 held that persons like the respondent herein do not fulfil any of criteria laid down in the Pension Regulations and therefore, are not entitled to the pensionary benefits and accordingly, set-aside the orders of the learned single Judge impugned therein and allowed the writ appeals.

(3.) IT is settled law that resignation is not complete until it is accepted by the proper authority and before such acceptance an employee can change his mind and withdraw the resignation but once the resignation is accepted the contract comes to an end and the relationship of master and servant stands snapped. (vide M/s. J. K. Cotton Sinning and Weaving Mills company Limited, Kanpur Vs. State of U. P. and Others reported in AIR 1990 SC 1808 ).