DIGAMBAR Y WATANE Vs. AGRI P M COMMITTEE

JUDGEMENT

(1.) THE present petition challenges the order passed by the Divisional Joint Registrar, Co-operative Societies, Amravati dated 15-7-1989 in Revision No. 6 of 1987, thereby rejecting the revision of the present petitioner.

(2.) FACTUAL background giving rise to filing of the present is as under : that, the petitioner was working as a Secretary in APMC, Achalpur, the respondent No. 1 herein, since its inception i. e. 1963. On account of certain grievance, the petitioner submitted an offer for voluntary retirement vide his letter dated 28th October, 1986. In the letter, offering for voluntary retirement, the petitioner had put certain conditions. The relevant condition for adjudication of the present petition in the said letter is Condition No. 2, which reads thus, "that an amount of gratuity should be paid in accordance with the Payment of Gratuity Act, 1972 and Rule 34 (C)of Service Conditions of APMC as per the pay payable to the petitioner on the date of retirement. "

(3.) THE said letter of the petitioner offering for voluntary retirement was placed before the Committee of the respondent No. 1, APMC in its meeting held on 29th October, 1986. The Committee considered the offer of the petitioner and accepted to give voluntary retirement to the petitioner on certain conditions. The relevant condition for the purposes of the present petition is, "an amount of Rs. 52,440/- should be paid on account of gratuity being twenty months' salary. It was also decided in the said meeting that in case in future the pension scheme is applicable to the respondent No. 1, APMC, then in that event the petitioner would be entitled to receive the pension. It is further clarified that if pension scheme is applicable then the petitioner will have to refund certain amount in accordance with the Rules and only on refund of such amount, the pension scheme would be made applicable to the petitioner. The said offer was communicated to the petitioner by letter dated 15-11-1986 by the chairman of the respondent No. 1, Committee. Along with the said letter, a true copy of the resolution No. 11/3 of the meeting held on 29th october, 1986 was also annexed. The petitioner addressed a letter of the same date i. e. 15-11-1986 to the Chairman of respondent No. 1 stating therein that the decision taken by the respondent No. 1 vide Resolution no. 11/3 in the meeting dated 29th October, 1986 regarding voluntary retirement of the petitioner is acceptable to him and that he will have no future grievance.