STATE BANK OF INDIA Vs. VIJAY DAS

JUDGEMENT

(1.) ON the matter being presented appearance has been put in on behalf of the sole respondent Vijay Das. The order impugned in the letters patent appeal is dated 1 Octomber 2002 on CWJC No. 8305 of 2002 : Vijay Das V/s. The state Bank of India and Ors. [reported in 2003 (1) PLJR 44].

(2.) THE facts are not in issue. The State Bank of India had a scheme for voluntary retirement. The petitioner -respondent also applied seeking voluntary retirement. Before his request could be acted up he withdrew his request. The Bank made an issue out of this by denying him service in the Bank on the ground that the fact he applied for voluntary retirement was enough and the application could not be retracted.

(3.) THE learned Judge has relied upon Supreme Court Cases to the effect that if the request for voluntary retirement had not been acted upon before the prayer of withdrawal then the application seeking voluntary retirement may be retracted.