BHASKARA RAO K V Vs. ANDHRA BANK

JUDGEMENT

(1.) The petitioner was, at the relevant time, working as Assistant General Manager, Andhra Bank, Central Office-II, Hyderabad. When he was sought to be retired from service after attaining the age of 58 years, he filed the present writ petition seeking a direction to the respondents to forbear from retiring/ superannuating the employees (officers) including the petitioner appointed on or after January 1, 1973, at the age of 58 years and for a consequential direction to continue all such employees up to the age of 60 years.

(2.) Admittedly, the Andhra Bank (Officers) Service Regulations, 1982 (hereinafter called the Regulations') were made by the Board of Directors of the Bank in consultation with the Reserve Bank of India and with the previous sanction of the Central Government in 1982 which came into force on January 1, 1983. These Regulations were made in exercise of the power conferred under Section 19 read with sub-section (2) of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. However, the petitioner did not choose to raise any dispute as to the age of retirement, but chose to do so only at the fag end of his career when he was about to be superannuated. The delay on the part of the petitioner, therefore, bars any exercise of discretion by this Court in his favour. Be that as it may, Regulation 19 of the Regulations reads as under.

(3.) As per the Regulation 19 of the Regulations, the age of retirement of an officer of the Bank shall be determined by the Board of Directors of the Bank in accordance with the guidelines issued by the Government from time to time. These guidelines issued by the Government of India read as under: Guidelines issued by the Government in terms of Regulation 19 of the Andhra Bank Officers' Service Regulations - 1982. The age of retirement of an officer employee in the Bank shall be determined in accordance with the following conditions: