CENTRAL BANK OF INDIA Vs. KIRITKUMAR LALLUBHAI CHAUHAN

JUDGEMENT

(1.) This is an appeal by the appellant-Bank, challenging the judgment and order passed by the learned Single Judge, dtd.: 28/9/2022, in Special Civil Application No. 21371 of 2017, whereby, the learned Single Judge quashed and set aside the impugned communication dtd. 25/11/2010, issued by the appellant-Bank, denying the pensionary benefits to the opponent-employee.

(2.) The brief facts of the case, leading to the filing of the present appeal, reads thus;

(3.) Learned Advocate, Mr. Joshi, appearing for the appellant-Bank mainly submitted that the opponent-employee tendered his resignation on 17/7/2009 and he was to be relieved from the service, as mentioned in the communication issued by the appellant-Bank, from the date that may be intimated to the opponent-employee in the future. Accordingly, the opponent-employee was intimated vide communication dtd. 30/4/2010 that his resignation has been accepted and he is relieved from the service. It was, thereby, submitted that the present is the case of resignation by the opponent-employee.