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2004 Supreme(SC) 185

Bank Of India – Appellant
Versus
Pale Ram Dhania – Respondent


( 1 ) C. A. No. 4098 of 2002 it is not disputed that the appellant Bank introduced a Voluntary Retirement Scheme, 2000 (herein referred to as "the Scheme") for its employees which had the approval of its board of Directors. The Scheme was operative w. e. f. November 15, 2000 to December 14, 2000 for the employees who sought voluntary retirement. It is not disputed that the respondent herein who was an employee of the appellant bank sought voluntary retirement under the scheme on November 30, 2000. It is also not disputed that on December 2, 2000 he wrote to the Bank for withdrawal of his application for voluntary retirement. On January 22, 2001, the appellant Bank accepted the request for voluntary retirement of the respondent. Further, on January 25, 2001, the respondent withdrew the retiral benefits deposited in the bank in his name as per voluntary retirement. It appears that the respondent changed his mind after the respondent was relieved from the employment and he filed a petition under article 226 of the Constitution challenging the acceptance of his request for voluntary retirement. A learned Single Judge of the High court allowed the petition and set aside the acceptance o



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