VIJAY DAS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE dispute in this writ petition relates to voluntary retirement of the petitioner.

(2.) THE respondent State Bank of India came with a Voluntary Retirement Scheme on 29.12.2000. The petitioner, a Clerk -cum -Cashier in the Bank, submitted offer for voluntary retirement, on 30.1.2001. On 12.3.2001 he withdrew the offer. On 29.3.2001 the Bank issued necessary communication purporting to accept his offer of voluntary retirement with effect from the close of business on 31.3.2001.

(3.) ON behalf of the parties a number of decisions were cited at the bar from perusal of which it appears that the issue is squarely covered. In Union of India V/s. Gopal Chandra Mishra, (1978)2 SCC 301, a Constitution Bench of the Apex Court held that the general principle is that in the absence of a legal, contractual or constitutional bar, a "prospective" resignation can be withdrawn at any time before it becomes effective, and it becomes effective when it operates or terminates the employment or the office tenure of the resignor. In Balram Gupta V/s. Union of India, 1987 Supp. SCC 228, the Apex Court observed : "A complete and effective act of resigning office is one which severs the link of the resignor with his office and terminates his tenure." J. N. Srivastava V/s. Union of India, (1998)9 SCC 559, the Court took similar view and set aside the decision of the authority even after decision accepting voluntary retirement had been taken observing : "It is now well settled that even if the voluntary retirement notice is moved by an employee and gets accepted by the authorities within the time fixed, before the date of retirement is reached, the employee has locus poenitentiae to withdraw the proposal for voluntary retirement". In Power Finance Corpn. Ltd. V/s. Pramod Kumar Bhatia, (1997)4 SCC 280, the Apex Court further clarified that "unless the employee is relieved of the duty, after acceptance of the offer of voluntary retirement or resignation, jural relationship of the employee and the employer does not come to an end".