KALYANAM RAJA GOPAL Vs. ANDHRA BANK

JUDGEMENT

(1.) PETITIONER seeks a Writ of Certiorari to declare the impugned letter dated 24.08.2009 under which petitioner's resignation is accepted, as bad in law and to quash the same and for consequential direction to reinstate the petitioner.

(2.) BARE facts necessary to appreciate the controversy are as follows:

(3.) THE respondent - bank filed a counter affidavit and additional counter affidavit denying that there is any violation of rule or law in accepting petitioner's resignation. It is also pointed out that the allegations in the affidavit relating to instructions of Zonal Manager and consequential transfer to Belgaum branch at his instance are not true and are invented for the first time. It is also stated that the petitioner was a member of contributory provident fund and had not opted for pension and as such, not entitled to benefit of pension scheme or the voluntary resignation scheme. It is also pointed out that till he was relieved on 15.10.2009 and for almost for a period of one year, the petitioner had not made any grievance whatsoever and it is only through the writ petition that the petitioner for the first time contends that he was forced to resign. The respondents, therefore, reiterated that the resignation of the petitioner is voluntary and when the said resignation is accepted by the competent authority, the petitioner has no right to seek reemployment in the bank's service.