BALAK RAM SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This appeal is directed against an order dated 13.7.2012 passed by the Single Bench in W.P.No.1482/2011(S), by which the writ petition preferred by the appellant against the order dated 28.12.2010 Annexure P-1 was dismissed. Vide Annexure P-1 appellant was informed that his application for voluntary retirement from bank services was not considered, as disciplinary action was contemplated against the appellant. The order Annexure P-1 was assailed mainly on the ground that there was no jurisdiction to the respondents to refuse the application for voluntary retirement, as the period assigned in the notice for voluntary retirement had already expired and beyond that period the appellant ought to have been treated as retired compulsorily and was entitled for all monetary benefits.

(2.) The matter was contested by both the parties. The Learned Single Judge considered the matter at length and has found that the services of the appellant were governed by the Rules namely the State Bank of India Employees' Pension Funds Rules (hereinafter referred to as 'Rules' for short). Rules 15 & 22 of the Rules, if read together and construed harmoniously then an employee could not claim as of right to retire voluntarily even after 20 years of pensionable service and the aforesaid order requires sanction of the authority. The learned Single Judge also considered sub-para (2) of para 522 of the Shastri Award in respect of the contentions raised by the appellant herein. The learned Single Judge also considered the merits of the order Annexure P-1 and has found that if the employer was intending to conduct an enquiry in respect of alleged mis-conduct, then it was having jurisdiction to withhold sanction to grant permission for voluntary retirement from service. Various decisions were also considered by the writ Court and consequently the writ petition was dismissed. This order is under challenge in this appeal.

(3.) Learned counsel for appellant has submitted :-