Arun Madan, J. - (1.) The petitioner who is an employee of the State Bank of India having been voluntarily retired from services of the respondent Bank has moved this court by way of instant writ petition and has sought to challenge the impugned order of his retirement from Bank on various grounds as referred to herein below. The questions which arise for determination of this court briefly formulated are as under: (a) When there is a clear rule governing the service conditions of staff and officers of the State Bank of India in the matters relating to voluntary retirement and the circumstances under which an officer and other employees an opt for the same in respect of State Bank of India Officers (Determination of Terms and Conditions of Service) Order, 1979 (for short "the DTC's Order of 1979") in accordance with which the petitioner who had exercised his option of voluntary retirement in pursuance of his application, dated 1.3.4.1988 and which was not replied by the respondent-bank within the statutory period of three months in violation of the Order of 1979, whether it was open to the respondent bank to have directed the voluntary retirement of the petitioner in pursuance of the impugned order, dated 30.9.1989 ? (b) Whether it was open to the respondent-hank that having known that the voluntary retirement sought by the petitioner which had been duly sanctioned by the competent authority and which fact is also borne out from relevant correspondence exchanged between the parties in this regard, the respondent-bank was competent enough to have passed the aforesaid impugned order ? (c) Whether the aforesaid impugned order of voluntary retirement passed by the respondent hank within the statutory-period of three months notice period can be said to have vitiated the said order merely on the ground that the petitioner's offer of voluntary retirement though accepted within the aforesaid period of the competent authority was not conveyed to the petitioner within three month's period as specified in his notice ? (d) Whether it is open to the petitioner to challenge the acceptance of his request for voluntary retirement by way of this writ petition before this court though he had withdrawn his earlier request before expiry of three months of notice period vide his letter, dated 1.3.10.1988; whereas his subsequent request in this regard which was made w.e.f. 15.6.1989, was administratively approved and sanctioned by the Deputy Managing Director (Personnel & Systems), respondent No. 3 within the statutory period of three months as referred to above on 28.8.1989 and which was duly approved by the Executive Committee of the Central Board in terms of Rule 19(1)(d) of the D.T.C.'s Order of 1979 can he said to be lawful and hence valid and binding on the petitioner? (e) Whether the respondent Bank having acceded to the aforesaid request of the petitioner before the expiry of Notice period could be non-suited for the aforesaid reason? (f) Whether not conveying the sanction of formal acceptance of employee's offer of voluntary retirement within the notice period as aforesaid is a merely procedural irregularity so as not to vitiate the said order?
(2.) The facts giving rise to the filing of this writ petition briefly stated are that the respondent-bank is operating in Public Sector having its local Head Office at 11 Parliament Street, New Delhi and its Zonal Office at Prithvi Raj Marg, Jaipur functioning since the year 1980. The functioning of the hank if governed by the provisions of the State Bank of India Act. 1955 (for short 'the Act of 1955') and Regulations made thereunder and besides it is also governed by the provisions of the Banking Companies Act and the Banking Regulations Act, 1949 which are Central Legislation. It is an Instrumentality of the State within the ambit of article 12 discharging its functions on behalf of the sovereign and hence amenable to the writ jurisdiction of this court under Article 226 of the Constitution of India.
(3.) As per the case set out by the petitioner he was appointed as clerk in the services of the State Bank of India hereinafter referred to as "the Bank" and was initially posted at Alwar on 24.7.1962 and was confirmed as such on 24.1.1963. Thereafter he was. promoted as a trainee officer on 1.8.1971 and was confirmed as officer grade I on 1.8.1973. Subsequently he was promoted as Middle Management Grade Scale II w.e.f. 1.8.1980 and received further promotion as officer Middle Management Grade III w.e.f. 1.8.1981. He remained posted at Jaipur right from 1979 till December, 1988.;