K PANNEERSELVAM Vs. INDIAN BANK

JUDGEMENT

(1.) The petitioner has filed this writ petition to quash the order passed by the respondent No.2 dated 3.10.2001 and for issuance of Writ of Mandamus directing the respondents to accept his request dated 18.9.2001 for going on voluntary retirement without prejudice to the contentions raised by the petitioner in W.P.No.19915 of 2001.

(2.) . The petitioner joined under the respondent Bank in the year 1974. The respondent bank introduced a Voluntary Retirement Scheme on 9.11.2000 giving option to the employees, who had completed 15 years of service and were above 40 years, to seek for voluntary retirement. Accordingly the petitioner applied for retirement under the Scheme on 27.11.2000. However, the bank has rejected such request by order dated 11.7.2001. The said order has been impugned by the petitioner in W.P.No.19915 of 2001 and the writ petition has been admitted and is pending.

(3.) . While the matter stood thus, the petitioner filed fresh application on 18.9.2001 requesting the respondents to allow him to retire under the voluntary retirement scheme under the Pension Regulation, 1995 without prejudice to the contentions raised in WP.No.19915/2001. The aforesaid request of the petitioner was rejected by the bank on 3.10.2001 on the ground that such conditional request is not acceptable. The petitioner filed Miscellaneous Petition numbered as WPMP.No.293 8/2001 in pending WP.No.19915/2001 to permit the petitioner to go on normal voluntary retirement scheme under the Pension Regulations without prejudice to his contentions but, the said application was rejected on the ground that such offer had been rejected by the bank on 3.10.2001 and the said order had not been challenged. Thereafter the petitioner has been transferred to Mumbai and W.P.No.16540 of 2002 against such order of transfer has been filed, wherein an interim order has been passed. The present writ petition is filed against the subsequent order dated 3.10.2001 rejecting the application of the petitioner to go on voluntary retirement without prejudice to the contentions raised in W.P.No.19915 of 2001.