LAWS(MAD)-2008-11-27

R UMA Vs. BANK OF INDIA REPRESENTED

Decided On November 20, 2008
R. UMA Appellant
V/S
BANK OF INDIA REPRESENTED BY ITS CHAIRMAN AND Respondents

JUDGEMENT

(1.) PETITIONER seeks writ of certiorarified mandamus to quash the order dated 13. 01. 2001, issued by the 4th Respondent.

(2.) FACTS are not in dispute. The writ petitioner joined services in the Respondent Bank on 20. 03. 1985, as clerk and she has completed 15 years and 8 months of service as on 01. 11. 2000. During 2000 Respondent Bank introduced Voluntary Retirement Scheme (VRS ). The Petitioner opted for Voulntary Retirement Scheme by her letter dated 30. 11. 2000. While Petitioner's application for VRS was under consideration, Petitioner sent another letter dated 14. 12. 2000, to the Zonal Manager, Southern Zone seeking permission for withdrawal of her letter opting for VRS. Instead of considering the Petitioner request for withdrawal, respondent Bank has accepted Petitioner's letter of application for VRS and Petitioner was relieved from Bank service at the close of the day 13. 01. 2001.

(3.) REFERRING to Hon'ble Supreme Court judgment in Swaranakar case, (2003) 2 Supreme Court Cases 721 the Petitioner has filed the writ petition stating that VRS scheme is only an invitation to offer and the application filed by the employee was only an offer which could be withdrawn before it was accepted and the Petitioner seeks to quash the order of Respondent Bank relieving her from duty on 13. 01. 2001.