Kurian Joseph, J. - (1.) The appellants are before this Court, aggrieved by the Judgment dated 04.10.2008 passed by the High Court of Punjab and Haryana at Chandigarh in LPA No. 114 of 2007 in Civil Writ Petition No. 17426 of 2004. The case has a chequered history. The respondent joined service in the appellant-Bank on 29.02.1977. The Bank published a Voluntary Retirement Scheme for its employees on 20.01.2001. The Scheme was open for its employees from 15.02.2001 to 01.03.2001. Clause 9 of the Scheme contained a specific provision that the application once made cannot be withdrawn and the same will be treated as irrevocable.
(2.) On the last date of the operation of the Scheme i.e. on 01.03.2001, the respondent submitted his application seeking voluntary retirement. On the next day, i.e. on 02.03.2001, he sought to withdraw his application for voluntary retirement. His request was denied as per the provisions of Clause 9 of the Scheme and he was retired.
(3.) The respondent filed a writ petition before the High Court challenging the voluntary retirement. As per an interim order dated 30.03.2001, the respondent was allowed to continue in service and by a common Judgment dated 03.04.2002, the writ petition was allowed. The appellant-Bank challenged the same before this Court. By a Judgment dated 17.12.2002 passed in Civil Appeal Nos. 854-855 of 2002 and other connected matters, reported in (2003) 2 SCC 721, the Judgment of the High Court was set aside by distinguishing the Scheme that operated in State Bank of India.;