KALPANA ENDOW Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) BY this writ petition the petitioner has challenged the letter dated September 7, 1999 being Annexure 'N' whereby acceptance of offer of voluntary retirement has been withdrawn.

(2.) UNDISPUTED fact of this case is as follows: The petitioner was employed by the respondent Bank on compassionate ground In the post of clerk owing to death of her husband. She served the bank for more than 20 years, and that is why under the service regulation she applied for voluntary retirement to the bank which in its turn however had accepted on certain conditions which amongst others is for liquidation of the outstanding dues. In course of her employment her son, viz., one Debashis Endow being the respondent No. 8 as then being unemployed obtained Transport Loan on certain terms and conditions. The petitioner became guarantor of the aforesaid loan granted in favour of her son. The term loan was duly disbursed and the respondent No. 8 purchased a vehicle being one of the securities of term loan. The aforesaid vehicle however was purchased after having received margin money to the extent of 20% from the Government of West Bengal under the Additional Employment Scheme and which was duly vetted by the respondent bank. The writ petitioner while becoming guarantor, duly deposited her Life Insurance Policies as collateral security for the aforesaid loan.

(3.) NOW the fact in dispute is whether the aforesaid loan account has been transferred finally in favour of the respondent No. 6 or not and for that matter whether the liabilities of the writ petitioner and the respondent No. 8 stand discharged or not because of the aforesaid arrangement and/or agreement. In other words, whether the acceptance of proposal for voluntary retirement can be withdrawn on the plea of non -discharge of liability or not.