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2013 Supreme(AP) 904

K.G.SHANKAR
G. B. V. Subbaiah – Appellant
Versus
State Bank of India, rep. by its Chairman, Corporate Centre, Mumbai – Respondent


Advocates appeared:
For the Petitioner:Smt. K. Udayasri , Advocate.
For the Respondents:E. Madan Mohan Rao, Standing Counsel for respondents-Bank.

Judgment :

1. The petitioner is a retired Deputy Manager of State Bank of India. He took voluntary retirement with effect from the afternoon of 31.03.2002. At the time of his retirement, when ex-gratia was paid under the Voluntary Retirement Scheme (VRS, for short), the salary received by the petitioner from 01.04.2001 till 31.03.2002 was deducted. The writ petitioner seeks for a Writ of mandamus to issue a direction to the respondents-bank to pay the same to the petitioner.

2. The petitioner joined State Bank of India as a Cashier on 20.09.1966. He received several promotions. He became a Deputy Manager on 17.05.1986. In 2000, the State Bank of India introduced VRS for the employees of the bank. One of the conditions for the application of the scheme is that the employee should have completed 55 years of age by 31.12.2000.

3. The petitioner was born on 01.01.1946. The petitioner applied for the VRS. The application of the petitioner was rejected on the ground that the petitioner would complete 55 years on 01.01.2001 only and not by the cut off date of 31.12.2000. Aggrieved by the same, the petitioner filed W.P.No.15865 of 2000. The writ petition was disposed of on 03.01.2002 order











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