BHARATI SANTOSH PAI Vs. UCO BANK

JUDGEMENT

(1.) THESE petitions have been filed by the petitioners praying for issuance of a writ of mandamus directing the respondent s to withdraw the communications dated 3.4.2001 and 30.4.2001. The petitioners have also prayed for an interim relief directing the respondent s to reinstate the petitioners in service. We may incidentally state here that by an order dated 24th September, 2001, while issuing the Rule, this Court had directed respondent No.1 to continue the petitioner in service and the petitioner was permitted to join the service forthwith with respondent No.1. This Court had also directed that the petitioner to be paid salary and was entitled for future increment s. Earlier to passing of this order, by an order dated 27th August, 2001, this Court had directed the petitioner to deposit the entire monetary benefits received from respondent No.1. Undisputedly, the petitioners have deposited the monetary benefits received from respondent No.1. Bank.

(2.) THE facts, as are necessary for the decision of these petitions, may briefly be stated as under:

(3.) THE respondents, in their Affidavit dated 24.9.2001 have principally opposed the petition on the ground that the clauses in the Voluntary Retirement Scheme prohibited an employee from withdrawing the application for voluntary retirement once submitted. Secondly, it is stated in the Affidavit that the respondent Bank had accepted the application of the petitioner for voluntary retirement on 12.3.2001 i.e. much prior to the petitioner sending her application seeking withdrawal of her application for voluntary retirement. Thus, according to the respondent Bank, in view of the fact that they had accepted the letter of the petitioner prior to the letter of the petitioner seeking withdrawal, it was a concluded contract between the respondent Bank and the petitioner. Lastly, it is urged before us that since the petitioner had accepted the monetary benefits, the petitioner was not entitled to turn around and claim that she would be entitled to withdraw her application for voluntary retirement.