UNITED BANK OF INDIA Vs. PIJUSH KANTI NANDY

JUDGEMENT

(1.) This appeal preferred by the appellant United Bank of India is directed against the judgment and order dated 20th February, 2003 passed by the learned Single Judge in W.P.No.490 of 2002.

(2.) The facts leading to filing of the instant appeal may briefly be narrated thus. The writ petitioner Pijush Kanti Nandy joined the service of the United Bank of India on 14th July, 1971. In view of his failing health on 13th February, 1989 the petitioner applied to the Chairman and Managing Director of the Bank seeking voluntary retirement after having attained the age of 55 years. While making the said application for voluntary retirement the petitioner gave more than three months' notice to the Bank as required under the rule. The Bank authority favourably considered the application of the petitioner for voluntary retirement and accepted the same. Accordingly the petitioner retired on 31st May, 1989.

(3.) The age of the petitioner as on 31st May, 1989 was 55 years 21 days. If the petitioner has not been permitted to retire voluntarily in accordance with the service rules he could serve upto the age of 58 years. If his voluntary retirement had not been accepted, the petitioner could serve the Bank for 2 years 11 months and 9 days more.