Sub Regulation 3(a), an employee may make a request in writing to the appointing authority for waiver of the three months' notice.-SC

An employee of the appellant bank was transferred from Colombo overseas branch to the Defence Colony Branch, New Delhi as Chief Manager (BM). The employee applied for 30 days leave to visit London as his son was admitted in the hospital. The application for leave as well as the application for extension of leave were refused by the employer. On 21.01.2004, the employee submitted an application seeking voluntary retirement from the services of the employer and requested for waiver of three months' notice, as required under Regulation 29 of the Indian Bank Employees Pension Regulations, 1995. Employee files appeal against rejection of his application for voluntary retirement vide letter dated 20.04.2004 on the ground that he was not eligible under Pension Regulations, 1995.Employee prayed for grant of traveling allowance bills for the journey from Colombo to New Delhi, which was declined by the employer on account of delay in submitting the bills. One another prayer was for a direction to reimburse the educational expenses for the son of the employee, who had been sent to Singapore for his education while he was posted at Colombo. Division Bench of the High Court of Delhi at New Delhi in Letters Patent Appeal No. 246 of 2007, has allowed the appeal preferred by the respondent herein and quashed and set aside the judgment and order passed by the learned Single Judge. And directed the appellant­bank 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. Feeling aggrieved the employer bank has preferred the  appeal to the supreme court. The rejection of the application for voluntary retirement itself is found to be illegal and bad in law. The decision was taken before the expiry of the period specified in the notice, i.e., on or before the last day of the third month. Once, it is held that he is voluntary retired as per his application dated 21.01.2004, all subsequent proceedings of departmental enquiry will be null and void. Appeal Dismissed. 

22 JANUARY, 2021

Indian Bank and another  Versus  Mahaveer Khariwal