CYRIL JOY GONSALVES Vs. ASSISTANT GENERAL MANAGER

JUDGEMENT

(1.) The present Letters Patent Appeal, under Clause 15 of the Letters Patent, 1865, is directed against the CAV judgment dtd. 9/10/2015 passed by the learned Single Judge dismissing the writ petition filed by the appellant challenging the action of the respondent - Bank of India treating him as voluntary retired from service pursuant to the Voluntary Retirement Scheme (for short "VRS") circulated vide Circular dtd. 1/11/2000.

(2.) The appellant was serving as an Officer under the respondent No.1 - Bank. He joined the respondent - Bank as a Probationary Officer on 5/2/1986 and was thereafter confirmed on 5/2/1988. The respondent - Bank formulated a Scheme for Voluntary Retirement (VRS) for its employees vide Circular dtd. 1/11/2000 and as per the said Circular, the employees, who had completed 15 years of service and/or 40 years of age as on 1/11/2000, were offered to apply for the voluntary retirement from the service of the respondent - Bank. As per the VRS, the application seeking voluntary retirement were required to be tendered after 15/11/2000 but before 14/12/2000.

(3.) The appellant accordingly applied for voluntary retirement vide his application dtd. 21/11/2000. It is the case of the appellant that he withdrew his application on 7/12/2000 however, the appellant was treated as voluntary retired from service and all his retiral dues were accordingly paid to him. The appellant was relieved from the services of the respondent - Bank on 31/1/2001.