Hemant Gupta, J. - (1.) THE petitioner joined State Bank of India as Clerk -cum -Typist on 20.9.1978 and promoted as Senior Assistant on 16.1.2001 with effect from 1.4.2000.
(2.) THE respondent -Bank circulated a Scheme called State Bank of India Voluntary Retirement Scheme (for short 'the Scheme') on 29.12.2000. The Scheme was open to all the permanent employees who have completed 15 years of service or 40 years of service as on 31.12.2000. The Scheme was to remain open during the period 15.1.2001 till 31.1.2001 i.e. the employees could make offer to seek voluntary retirement during the aforesaid period. It is the case of the petitioner that since the petitioner was to complete 20 years of service on 20.3.2001, the petitioner vide letter dated 13.1.2001 asked the respondents to inform him about the date of retirement and that if the date of retirement is after 20.3.2001, then the petitioner was to submit an application for voluntary retirement.
(3.) SINCE no reply was received, the petitioner submitted an application to seek voluntary retirement on 16.1.2001. The Bank subsequently fixed 15.2.2001 as the last date for withdrawal of the application submitted for voluntary retirement. On 14.2.2001, the petitioner submitted an application that he is interested in voluntary retirement but with pension and in case the pensionable service is not completed by the date of retirement, then his application for voluntary retirement should be treated as cancelled and withdrawn. The Bank rejected the conditional withdrawal so sought by the petitioner on 15.2.2001. On the same day, the petitioner submitted an application to seek voluntary retirement.;