Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Retirement - Voluntary retirement scheme JOB Officers and Employees Voluntary Retirement Scheme, 2000 - Object and purpose of - Application for voluntary retirement - Acceptance and rejection of - Administrative decision - Judicial review - Scope of - Held: The object of the scheme in question was to adopt measures to have optimum human resources at various levels in keeping with the business strategies, skill profile to achieve balanced age and requirement of the bank - In the process of shedding surplus manpower, no organisation would like to lose its best people - It is a matter of personnel management and the competent authority is expected to factor in such considerations while taking a decision on individual applications - Such considerations would certainly not be a ground for the court to interfere with the decision of the competent authority - However, the discretion vested in the competent authority is not absolute in the sense of being completely uncontrolled, whimsical or capricious - In the instant case, the bank had properly appraised the respondent's request for voluntary retirement under the scheme and its decision not to accept the request was within the legitimate exercise of discretion that did not warrant any interference by the High Court. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 102 |
Petitioner | Chairman And M.d. Indian Overseas Bank & Ors. |
Respondent | Tribhuwan Nath Srivastava |
SCR | [2011] 2 S.C.R. 556 |
Judgement Date | 2011-02-04 |
Case Number | 1186 |
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