Pankaj Mithal, J. - (1.) The petitioner had joined as clerk in the State Bank of India on 5.11.1971. The Board of Directors of the State Bank of India in its meeting held on 27.12.2000 approved a scheme for voluntary retirement of the Bank employees. Accordingly, State Bank of India staff circular dated 3.12.2000 was issued notifying the scheme for voluntary retirement. The scheme was open from 15.1.2001 to 31.1.2001. In the Scheme, there was no provision for withdrawal of the option submitted for voluntary retirement. In pursuance of the aforesaid scheme, the petitioner applied for voluntary retirement on 15.1.2001. The petitioner's application for voluntary retirement was accepted and a communication to this effect was issued on 13.3.2001 retiring the petitioner voluntarily with effect from 31.3.2001. The petitioner has challenged the aforesaid communication accepting his voluntary retirement with effect from 31.3.2001, on the ground that he had applied for withdrawal of his option for voluntary retirement vide application dated 20.2.2001. This application for withdrawal was made by him on the basis of subsequent State Bank of India circular dated 17.1.2001, which permitted withdrawal of application on or before 15.2.2001. The petitioner could not submit his application on or before 15.2.2001 as he had no knowledge of the said circular, inasmuch as, after submitting his application for voluntary retirement, he proceeded on medical leave and resumed duties only on 20.2.2001. The application for withdrawal of option was moved on the very day of the knowledge of the circular dated 17.1.2001 and there was no delay on his part.
(2.) Heard Km. Madhurima Bhargava, learned Counsel for the petitioner and Sri N.K. Seth, for the respondents.
(3.) Learned Counsel for the petitioner has contended that the petitioner had applied for the withdrawal of his application for voluntary retirement on 20.2.2001 and once the said application was made by him, it was not open for the respondents to have accepted his voluntary retirement vide impugned order dated 13.3.2001. The respondents should have first considered his application for withdrawal of the option for voluntary retirement. She has further contended that the petitioner had the right to withdraw the application of his voluntary retirement not only before it was accepted but till he was relieved from service.;