Shobha Surendar Vs. H.V. Rajan and Others - Court Judgment

Excerpt:
hon'ble judges: m.m. punchhi andk.t. thomas, jj. - labour & services voluntary retirement: :[p.d. dinakaran, c.j. & v.g. sabhahit,j] banking companies (acquisition & transfer of undertakings) act, 1970, section 19(2)(d) indian bank employees pension regulations, 1995, regulation 29-indian bank (officers) service regulations, 1979, regulation 3(i) and (ii) officer against whom disciplinary proceedings are pending, giving notice of held, doctrine of deemed retirement cannot be invoked to treat officer as retired voluntarily on expiry of notice period of three months, in absence of any order passed by appointing authority within said period refusing permission for retirement, in view of specific provision contained in service regulation disqualifying such officer from retiring voluntarily without prior approval in writing of competent authority. in present case, on fact, held, approval to retire voluntarily was rightly refused well within notice period, and, therefore, no interference is called for. - bhatia v union of india, this appeal would merit acceptance and accordingly we accept the same, set aside the impugned orders of the high court and restore that of the 'trial court with regard to possession of the property in dispute as well as entitlement of the appellant to contractual rent up till the date of vacating for which time is being allotted hereby to the respondents.order1. delay condoned. leave granted.2. in view of the decision of this court in d.c. bhatia v union of india, this appeal would merit acceptance and accordingly we accept the same, set aside the impugned orders of the high court and restore that of the 'trial court with regard to possession of the property in dispute as well as entitlement of the appellant to contractual rent up till the date of vacating for which time is being allotted hereby to the respondents. it is ordered that the respondents may stay in possession as tenants as before uptil 31-3-1998 subject to the respondents filing in this court within a period of six weeks the usual undertaking with regard to the payment of rent etc. the appeal stands allowed in these terms. no costs.

Judgment:
ORDER

1. Delay condoned. Leave granted.

2. In view of the decision of this Court in D.C. Bhatia v Union of India, this appeal would merit acceptance and accordingly we accept the same, set aside the impugned orders of the High Court and restore that of the 'Trial Court with regard to possession of the property in dispute as well as entitlement of the appellant to contractual rent up till the date of vacating for which time is being allotted hereby to the respondents. It is ordered that the respondents may stay in possession as tenants as before uptil 31-3-1998 subject to the respondents filing in this Court within a period of six weeks the usual undertaking with regard to the payment of rent etc. The appeal stands allowed in these terms. No costs.