9911796707
TMI Blog2004 (1) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... ions is, therefore, obviated. Before we advert further, we may at this stage, notice the operative directions rendered in the judgment sought to be reviewed/clarified, strictly relevant for the purpose of disposal of the present applications. This Court inter alia held that the request of an employee seeking voluntarily retirement would not take effect until and unless it was accepted in writing by the competent authority and, therefore, this Court upheld the right of the employee to withdraw his option from voluntary retirement before the same was accepted. This Court further held in paragraphs 114 and 115 of the judgment as under:- "114. However, it is accepted that a group of employees accepted the ex-gratia payment. Those who accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for consideration thereof afresh on merits and in accordance with law. In these applications, we are concerned with direction Nos. 1. 2 and 3. In the backdrop of the directions aforesaid, we now proceed to examine the present applications. Review Petition No. 53 of 2003 arising out of Civil Appeal No. 896 of 2002 has been filed by the Punjab National Bank. The ground taken therein is that respondent No.1, Virender Kumar Goel, has accepted the benefits under the VRS and, therefore, the appeal filed by him against the judgment and order of Uttaranchal High Court ought to have been dismissed, instead of allowed, as contained in direction No.3. The respondent herein had filed counter to the application. It is argued that the Review Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2001 and on 15.1.2001 he had withdrawn Rs. three lakhs. Again on 28.2.3001 he had withdrawn Rs. fifty thousand. This fact, however, was not brought to the notice of this Court at the time of the hearing. However, the fact remains that the incumbent had accepted the benefits under the scheme and utilisation thereof would squarely be covered by direction No.1 as noticed above. Therefore, the judgment dated 17.12.2002 is reviewed to the extent that the appeal arising out of the judgment and order of the Uttaranchal High Court is dismissed and the judgment of the High Court is upheld. The question involved in I.A.Nos. 1-2 and 3 is as to whether the applicants have accepted a part of the benefit under the VRS in terms of direction No.1 or not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xure R- 3). A perusal of the account would reveal that after 26.3.2001 the applicant has not operated his bank account. This fact is not denied by the bank. I.A.No.3 The applicant is Mohinder Pal Singh, an employee of the bank. He applied for the benefit of the scheme on 1.12.2000. On 27.12.2000 he made an application for withdrawal of his offer for VRS. The withdrawal application was filed before the acceptance of the offer for VRS by the bank authority. The ground taken in this application is that the applicant did not operate bank account No.17611 after 21.4.2001. To buttress his contention the applicant has filed photocopy of bank account no.17611 (Annexure R-6). It appears from there that the benefit under the scheme was deposited in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... breach of contract can hardly seek for any equitable relief. I.A.NOS. 1-22 These applications have been filed by the State Bank of Patiala for clarification/directions. The ground taken in these applications is that the State Bank of Patiala is not a nationalised bank. It is hundred per cent a subsidiary of the State Bank of India. The VRS scheme floated by the State Bank of Patiala is in para-materia with the scheme floated by the State Bank of India. This Court in the judgment dated 17.12.2002 allowed the appeals filed by the State Bank of India but nothing has been said about the appeals filed by the State Bank of Patiala. In the interregnum, a two-Judge Bench of this Court, in which one of us (Sema, J) was a member, considered the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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