1. Voluntary retirement — Revocation of notice — Dispute regarding promotion, salary, and allowances. (Para 2 )
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1999 Supreme(SC) 390
1999(7) Supreme 484
Supreme Court of India
B.N. Kirpal & S.R. Babu, JJ.
State Bank of India -Appellant
versus
Pralayasaran Chakrabarty -Respondent
C.A. No. 1137 of 1999
Decided on 26-3-1999
Important Points
The Supreme Court upheld the High Court's direction to the State Bank of India to decide on the respondent's voluntary retirement, promotion, and salary, considering the revocation of the voluntary retirement notice, and declined to interfere under Article 136 of the Constitution.
Subject
Employment Law - Voluntary Retirement
Act Referred
Headnote
Service Law-Voluntary retirement-High Court s direction to employer Bank to take decision on voluntary retirement of respondent employee, his promotion and salary and allowance - Appeal thereagainst by management-Held: facts and circumstances do not warrant interference with judgment of High Court. (Paras 2 & 3)
Legal Category Hierarchy
Table of Contents
2. Challenge to High Court directions requiring the employer to decide on voluntary retirement and associated service benefits. (Para 2 , 3 )
3. The court found no reason to interfere with the High Court's judgment based on the facts and circumstances of the case. (Para 3 )
4. Interference with a High Court judgment under Article 136 of the Constitution is contingent upon the specific facts and circumstances of the case. (Para 3 )
5. Appeal dismissed. (Para 3 )
6. Under what circumstances does the Supreme Court interfere with a High Court judgment under Article 136 of the Constitution?
The Supreme Court exercises its jurisdiction under Article 136 of the Constitution to interfere with a High Court judgment only when the facts and circumstances of the case make such interference appropriate. (Para 3 )
Judgment
B.N. Kirpal, J.-We have heard counsel for the appellant and the respondent in person.
2. While allowing the write appeal filed by the respondent the High Court passed the following order :
“In the result, we dispose of this appeal by directing that the Deputy Managing Director (Personnel), Central Office, State Bank of India will take decisions on the voluntary retirement of the appellant and his promotion and his salary and allowances keeping in mind the observations made in this judgment as well as the notice dated 27.6.94 of appellant revoking his notice to retire voluntarily from service. The said decisions will be taken by said competent authority within two months from today and the amounts paid to the appellant pursuant to interim orders passed by this Court will be adjusted against the salary of terminal benefits of the appellant, as the case may be.”
3. Taking all the facts and circumstances into consideration we do not think that it is appropriate in this case to interfere with the judgment of the High Court in exercise of our jurisdiction under Article 136 of the Constitution. The appeal is dismissed. No costs.
(C.R.) Appeal dismissed.
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