S.B. Sinha, J. - (1.) Leave granted.
(2.) The Service Conditions of the employees of United Bank of India are governed by United Bank of India (Officers) Service Regulations, 1979 (for short, 'the Regulations). Regulation 19 of the Regulations reads as under: 19. (1) The age of retirement of an officer employee shall be as determined by the Board in accordance with the guidelines issued by the Government from time to time-- Provided that the Bank may, at its discretion, on review by the Special Committee as provided hereinafter in sub-regulation (2) retire an officer employee on or at any time after the completion of 55 years of age or on or at any time after the completion of 30 years of total service as an officer employee or otherwise, whichever is earlier; Provided further that before retiring an officer employee, at least three months' notice in writing or an amount equivalent to three months' substantive salary/pay and allowances, shall be given to such officer employee; Provided also that nothing in this regulation shall be deemed to preclude an officer employee from retiring earlier pursuant to the option exercised by him in accordance with the rules in the Bank. Explanation: An officer employee will retire on the last day of the month in which he completes his age of retirement. (2) The Bank shall constitute a Special Committee, consisting of not less than three members, to review, whether an officer employee should be retired in accordance with the first proviso to this regulation. Such Committee shall, from time to time, review the case of each officer employee and no order of retirement shall be made unless the Special Committee recommends in writing to the Competent Authority the retirement of the officer employee.
(3.) The basic fact of the matter is not in dispute. Respondent No. 1 herein joined his services in the appellant bank as MMG Scale-II. On or about 13.2.1989, he sought voluntary retirement in terms of Regulation 19 of the Regulations. The Bank accepted his offer vide its letter dated 8.5.1989. Respondent No. 1 was allowed to take voluntary retirement w.e.f. 31.5.1989.;