RAMESHCHANDRA MALVIYA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THIS writ petition is directed against the order/communication dated 31-5-2001 issued by the respondents bidding aideu to the petitioner by accepting the golden hand shake under the Voluntary Retirement Scheme floated by the respondents on 28-10-2000.

(2.) PETITIONER was working on the post of Assistant Manager with the respondents. On 23-12-2000, he applied for voluntary retirement under the Scheme. Petitioner, however, changed his mind and sought withdrawal of the application for voluntary retirement on 31-1-2001. By the order dated 16-4-2001, petitioner was granted voluntary retirement as it was accepted by the Competent Authority. It was further mentioned in the order that the petitioner shall stand relieved from the Bank's services at the close of office-hours on 31-5-2001. Consequently, by the impugned communication, petitioner stood relieved w. e. f. 31-5-2001.

(3.) LEARNED Counsel for petitioner placing heavy reliance on the decision of Supreme Court in Bank of India v. O. P. Swarnakar, reported in 2003 AIR SCW 313, submitted that the petitioner had not opted for pension and as a result, he is not getting any pension. Petitioner is surviving on the interest generated by the amount received under the V. R. S. which have been kept in various F. D. Rs. Learned Counsel for petitioner submitted that amounts payable under the Voluntary Retirement Scheme were not paid forthwith, but are spread over to longer span of time. He further submitted that one payment was received by the petitioner under protest during the pendency of the writ petition. Thus, according to the learned Counsel for petitioner, petitioner has not utilised any amount received by him under the Voluntary Retirement Scheme. So far as the deduction of loan amount and the Income Tax is concerned, according to the learned Counsel for petitioner, is an unilateral act on the part of the respondents which can not prevent the petitioner to press his application for withdrawal of V. R. S. now.