C P DEVASIA Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner has prayed for issuing a writ of certiorarified mandamus for quashing Ref.No.NRO:DP:235 dated 17.1.2001 and the consequential relieving order dated 20.01.2001 and to direct the respondents to reinstate the petitioner in service with backwages.

(2.) Even though it has not been specifically prayed for, in paragraph 9 of the affidavit, it has been stated as follows :- 9. I have no other alternative, efficacious and effective remedy except to approach this Hon'ble Court under Article 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus or any other appropriate writ, calling for the records relating to Ref: NRO: DP:235 dated 17.1.2001, set aside the order of retirement dated 17.1.20 01 and direct the respondents to reinstate me in service with back wages or to retire me from service with effect from 15.10.2001, granting me pension with back wages till that date. Hence this application is filed.

(3.) The facts giving rise to the present writ petition as culled out from the counter affidavit filed on behalf of the first respondent can be described in brief. The petitioner, who was an Ex-serviceman, joined as Clerk/Cashier under Union Bank of India on 15.10.1986. His date of birth is 29.6.1944 and in normal course he is to retire in July, 2004. The petitioner opted for a pension scheme when such scheme was made applicable. As per the Pension Regulations, which were applicable, pension would be payable on attaining the age of superannuation as per Regulation 28 and pension would be granted on voluntary retirement if the employee has completed 20 years of service as per Regulation 29. While the matter stood thus, the Voluntary Retirement Scheme 2000-2001 was introduced by the Bank. As per such scheme, the employees, who had completed 15 years of service or 40 years of age, were eligible to seek for voluntary retirement. As per clause (C) of the scheme, relating to other benefits, it was provided : (C) Other Benefits : a) . . . b) . . . OR