ALEX VENANCIO ALMEIDA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) BY this Petition, the Petitioner impugns the action of the Respondent Bank of not accepting his application for voluntary retirement under the Voluntary Retirement Scheme formulated by the Bank in 2001.

(3.) THE Voluntary Retirement Scheme known as the "central Bank of India Employees Voluntary Retirement Scheme-2001 (CBIEVRS-2001) was formulated on 31st January, 2001. Those employees who wished to avail of the Scheme were required to apply for the same within the period from 22nd February, 2001 unto 8th March, 2001, when the Scheme was to remain in operation. The eligibility criteria had been drawn up under the Scheme. Under Clause 9. 5, of the CBIEVRS-2001, an employee who applied for Voluntary Retirement could not withdraw his request after exercising such option. Under Clause 9. 6, the Bank had absolute discretion either to accept or reject the request of an employee seeking voluntary retirement depending upon the requirement of the Bank. However, it was made clear that the concerned employee would be informed about the status of his application, either acceptance or rejection, through proper channel. Under Clause 4. 2 of the Scheme, certain employees were not eligible to seek voluntary retirement. Clause 4. 2 stipulates that employees against whom disciplinary proceedings are contemplated or pending or under suspension would not be able to seek voluntary retirement.