INDIAN BANK OFFICERS ASSOCIATION Vs. INDIAN BANK

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking for a direction and in particular in the nature of a declaration that the decision of the respondent-bank to deny the benefits of sick leave, leave fare concession, casual leave and medical aid as provided in the Indian Bank Officers Service Regulations, 1979 to the VRS optees as illegal and unconstitutional and for a consequential prayer to direct the respondents to grant the same to all the officers until they are relieved from service.

(2.) According to the petitioner association, the members of the association are officers in the respondent Indian Bank. The respondent - bank introduced the Indian Bank Employees Voluntary Retirement Scheme, 2000 by a circular dated November 9, 2000. The employees who are desirous of availing the scheme were directed to submit their applications from November 27, 2000 to December 26, 2000. The implementation of the scheme will depend on the number of applications that are received, availability of funds and other considerations. As the members of the petitioner association who have completed minimum of 15 years of service or 40 years of age as on December 26, 2000 are eligible to apply for VRS, they had submitted their applications opting to go on voluntary retirement before the last date prescribed for the said purpose. That being so, the respondent-bank issued a circular dated January 4, 2001 wherein it was stated as follows:

(3.) Mr.N.G.R. Prasad, learned counsel for the petitioner would contend that the members of the petitioner association who have opted for voluntary retirement under the VRS are entitled to sick leave, LFC and medical aid as per the service regulations. When the respondent-bank announced the voluntary retirement scheme on November 9, 2000, it had specifically stated that the employees/officers opting to go on voluntary retirement are eligible for leave encashment as per the rules. Having so said in the said scheme and having received the applications from the members of the petitioner association, the respondent-bank cannot now deny the benefit to the petitioners to avail sick leave, LFC and medical aid. Therefore, the learned counsel submitted that the members of the petitioner association who have opted for voluntary retirement under the Indian Bank Employees Voluntary Retirement Scheme, 2000 shall be also declared eligible for the above benefits.