IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD Friday this the 12th day of November, 2010 Writ Petition No.5897 of 2006 Between G.P.Ramesh … Petitioner and The UCO Bank, Rep. by its Chairman & Managing Director, Head Office, 10, B.T.M. Sarani, Kolkata – 700 001 and 3 others … Respondents THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.5897 of 2006 Order: The petitioner is challenging the action of the respondents in not accepting his application for withdrawal of the voluntary retirement under VRS Scheme. 2. The petitioner was working as Junior Manager Scale-I Officer in UCO Bank, S.D.Road Branch, Secunderabad. The respondents- Bank came up with a scheme called “UCO Bank Employees’ Voluntary Retirement Scheme 2000”. The scheme was operative from 01-01-2001 to 31-01-2001. As per the said scheme, all permanent full time employees of the bank were eligible to seek voluntary retirement, provided they fulfill the eligibility criteria on the date of application. 3. The petitioner being qualified, inasmuch as he had completed 15 years of service and was also above the age of 40 years, applied under the Voluntary Retirement Scheme vide application on 04-01- 2001. His application was accepted on 10-4-2001 and his resignation was to be effective from 30-4-2001. However, before the petitioner could be relieved from service, he filed an application on 23-4-2001 seeking to withdraw his resignation later but the respondents did not consider his application and accepted his resignation letter seeking voluntary retirement. 4. After the retirement of the petitioner, the respondents have paid all the retiral benefits such as Provident Fund, Gratuity, Leave Encashment etc., to the petitioner. The petitioner challenged the action of the respondents in the year 2006 i.e., after more than five years of the acceptance of his resignation letter. 5. The apex Court in Punjab & Sind Bank v. S.Ranveer Singh Bawa[1] has held that where an employee has accepted the payment/benefits under the Voluntary Retirement Scheme and has utilized those payments to discharge his obligations under the said Scheme, then he is not entitled to withdraw his option before the cut-off date. 6. In the instant case, as the petitioner has accepted all his retiral benefits way back in the year 2001 and has utilized the same for his personal use, he is not entitled to withdraw his resignation letter. 7. Resultantly, I find no merit in the writ petition and the same is dismissed. No costs. ________________________________ JUSTICE ASHUTOSH MOHUNTA 12th November, 2010. Ak THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Writ Petition No.5897 of 2006 12th November, 2010. [1] AIR 2004 SC 2334