P P CHUGH Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) The petitioner had joined service of United Commercial Bank on June 12, 1971. After having put in about 23 years of service, he submitted a request for "voluntary retirement/submission of resignation" vide his letter dated April 6, 1994. A copy of this letter is at Annexure P-1 with the writ petition. The petitioner had inter alia stated that he was not keeping good health "for the last three years --- and as such was not in a position to discharge --official duties effectively.' He, therefore requested the Zonal Manager to grant him "voluntary retirement from service/accept resignation." He further submitted that "all retirement benefits pension and other benefits as applicable" may be given.

(2.) The petitioner did not hear anything from the respondents in reply. Ultimately, on April 20, 1995, he requested the authorities to allow him to resume duty. The respondents did not send reply even to this letter. The petitioner then filed the present writ petition inter alia praying for the issue of a writ of mandamus directing the respondents to allow him to join duty by treating him as having continued in service with all consequential benefits.

(3.) A written statement has been filed on behalf of the respondents. It has been inter alia stated that the petitioner had failed "to comply with the requisite conditions precedent for voluntary retirement as neither he submitted three months advance notice nor an undertaking that he will not take up any employment for a period of two years from the date of his claimed retirement without prior consent of the Bank." The respondents further state that the petitioner's request "could at the best be treated as resignation from service.............. he is not entitled for any pensionary benefits in view of Regulation 22 .............. The respondents also state that "even if the application Annexure P/1 is assumed to be a request for voluntary retirement, yet the only consequence can be that the petitioner stood voluntarily retired from the service of the answering Bank with effect from 5.7.1994."