P N BALASUBRAMANIAM Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) THIS Writ Petition has been filed praying for the issuance of a Writ of Mandamus, directing the Respondent Bank to pay pension to the Petitioner in accordance with the pension scheme of 1995, with effect from 1. 1. 1993, together with interest.

(2.) HEARD the learned counsel for the petitioner as well as for the respondent.

(3.) ON the contrary, the learned counsel appearing for the respondent bank states that the petitioner while working at the Zonal Office of the respondent bank at Tiruchirappall i , by a letter dated, 10. 07. 1 98 8, addressed to the General Manager of the respondent bank had requested the bank to accept his voluntary retirement on medical grounds, with effect from 31. 10. 1988, under Regulation 19 (1) of IO B Officers'Service Regulations. In the same application, the petitioner had requested the respondent bank to provide appointment to his son from 01. 11. 1988. ON receipt of the said application, the respondent bank advised the petitioner that his application for voluntary retirement from service could not be accepted, since it was conditional and that there was no provision for his son's appointment under regulation 19 (1) of the regulations. Moreover, acceptance of his voluntary retirement on medical grounds will be subject to the medical examination by the bank's approved doctor.