Resignation from service does not amount to voluntary retirement unless it is accepted by the appointing authority.

1. - Aggrieved of the denial by the respondent-Bank of his entitlement to receive ex-gratia relief under circular dated 22nd December, 1998; the petitioner has instituted the present writ petition praying for the following relief(s):-

"(i) To issue an appropriate writ/order/direction quashing and setting aside the order dated 7.5.2012.

(ii) To issue an appropriate writ/order/direction holding that petitioner entitled is entitled to receive exgratia relief along with all it's arrears with interest @ 18% p.a.

(iii) To issue an appropriate writ/order/direction directing the respondents to grant all other reliefs to the petitioner which are admissible to retired employees of the Respondent Bank.

(iv) Any other relief which this Hon'ble Court deem fit and proper in facts and circumstances of the case may also be passed in favour of petitioner.

(v) Award cost of petition."

2. Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy raised needs to be first noticed. The petitioner on 8th September, 1945 joined the erstwhile Hind Bank Ltd., which later on merged in the Bank of Baroda and his services stood transferred to Bank of Baroda. While working on the post of 'Agent' (Branch Head) at Main Branch Ajmer, the petitioner was transferred to Sitla Mata Bazaar Branch of Bank of Baroda, Indore as 'Accountant' vide order dated 11th September, 1967. In response to his representation for cancellation/reconsideration of his transfer from Ajmer Branch to Sitla Mata Bazaar Branch of Bank of Baroda, Indore; he was informed by the respondent-Bank, vide communication dated 19th October, 1967, to the effect that his request could not be acceded to and was directed to report at the transferred station i.e. Sitla Mata Bazaar Branch of Bank of Baroda, Indore. The petitioner was not desirous to serve at the transferred station at Indore, and therefore, decided to retire from the bank services and submitted his 'resignation' claiming all leaves (privilege and other leaves due prior to retirement) and also requested for grant of terminal benefits including double provident fund vide communication dated 3rd November, 1967. The request for retirement-cum-resignation was accepted by the respondent-Bank vide communication dated 13th November, 1967; with effect from 11th November, 1967.

3. It is pleaded case of the petitioner that prior to his resignation-cum-retirement, he had rendered more than 23 years of unblemished service. The respondent-Bank vide circular dated 26th November, 1998, allowed the ex-gratia relief to all the employees, who retired on or before 31st December, 1985, having rendered at least 20 years of continuous service prior to their superannuation and were not getting any pensionary benefits from the Bank. However, the ex-gratia relief was not made admissible to - (a) those who were dismissed/removed from service and (b) those who 'resigned' from service. Since the petitioner resigned from the service, he was declined the ex-gratia relief of which he is aggrieved of.

4. The learned counsel appearing on behalf of the petitioner, Mr. Sunil Samdaria, reiterating the pleaded facts and grounds of the writ application, emphatically argued that vide communication dated 26th November, 1998; the Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), advised all the Nationalised Banks for grant of ex-gratia relief to all such employees who had retired from the bank on or before 31st December, 1985; and had rendered 20 years of service before such retirement and who are not getting any pensionary benefit from the Bank. The respondent-Bank pursuant to the communication dated 26th November, 1998; issued a circular on 22nd December, 1998, granting the ex-gratia relief to all pre-1986 retirees, but declined the request of the petitioner on the premise that the petitioner 'resigned' from the services of the Bank, and therefore, he is not entitled to ex-gratia relief as conte