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2021 Supreme(SC) 31

ASHOK BHUSHAN, R. SUBHASH REDDY
INDIAN BANK AND ANOTHER – Appellant
Versus
MAHAVEER KHARIWAL – Respondent


Advocates Appeared:
For the Appellant(s) :Ravi Sikri, Jasbir Bidhuri, Madhu Sikri, Advocates
For the Respondent(s):Sanjeev Kumar, Ajay Amritraj, Sanjay Kumar, Naik H.K., Venkateswara Rao Anumolu, Advocates

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.02.2009 passed by the Division Bench of the High Court of Delhi at New Delhi in Letters Patent Appeal No. 246 of 2007, by which the Division Bench has allowed the said appeal preferred by the respondent herein and has quashed and set aside the judgment and order passed by the learned Single Judge and has quashed and set aside communication dated 20.04.2004 of the bank rejecting the application for voluntary retirement and has directed the appellant-bank to release retiral dues of the respondent in accordance with the Pension Regulations, 1995 with simple interest at the rate of 9% per annum from the date of filing of writ petition, the employer-bank has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

That the respondent herein - original writ petitioner - employee (hereinafter referred to as the ‘employee’) was working with the appellant bank - employer (hereinafter referred to as the ‘employer’), who was promoted as Chief Manager SMG-IV. In March, 1998, he was transferred and posted as Chief Manager, Colombo Branch, Colombo. Th


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