HC differentiate between ‘Resignation’ & ‘Voluntary Retirement’

Asha Ram Suryavanshi Vs Chhattisgarh Gramin Bank (Chhattisgarh High Court)

There is a clear distinction between the term ‘Resignation’ and ‘Voluntary Retirement’. The reasons in the application for voluntary retirement cannot be construed by the management of it being an application for resignation from service. The management/employer cannot give its own interpretation to an application for voluntary retirement by treating to be an application for resignation. The consequence and effect of the two terminology i.e. “Resignation” and “Voluntary Retirement” are entirely different and it has far-reaching effects also.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

1. The challenge in the present writ petition is to the Annexure P-1 dated  01.12.2004  whereby  the respondents  have accepted  the application for voluntary premature retirement of the petitioner treating it to be an application for resignation from service and have treated the petitioner to have resigned from service w.e.f 11.12.2004.

2. Facts of the case is that the petitioner in the present writ petition was working as the clerk-cum-cashier under the respondents. The petitioner had put in about more than 23 years of service with the respondents from his initial appointment from 01.09.1981. Vide his application the petitioner on 06.10.2004 forwarded a letter to the chairman of the respondent Bank seeking for premature retirement due to certain compelling domestic reasons. This letter of voluntary premature retirement was treated by the respondent as an application for resignation and accepted the same declaring the petitioner to have resigned from service w.e.f. 11.12.2004. It is this letter of treating the petitioner resigned from service which is under challenge in the present writ petition.

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