Case Analysis : V And Union Of India And Others Essay

914 WordsOct 3, 20154 Pages
CHAPTER V: CASE ANALYSIS KULDEEP GANDOTRA VS UNION OF INDIA AND OTHERS The respondent no. 2 proposed an allegation against the petitioner that as he had accepted the amount which was payable to him under the Voluntary Retirement Scheme, therefore, the principle of estoppel should be applied. Therefore the petitioner is not allowed or permitted to raise a question on the order dates 13th September 1993, in acceptance of his voluntary retirement. In order to give a justified judgment for this case, reference was made to three cases so that judgment of the Supreme Court can be noted. These cases were Bank of India and Ors. v. Pale Ram Dhania, Punjab National Bank v. Virendra Kumar Goyal and Ors, Punjab and Sind Bank v. S. Ranveer Singh Bava. If the controversy is looked at deeply and the issues that are raised, there are two main questions that crop up, the first question is whether, the acceptance of the request made by the petitioner for voluntary retirement was legal and whether it was valid and what would be the effects of the immediate withdrawal of the voluntary retirement. The second question was to analyze the effect of the receipt of the payments at the end of the petitioner that was payable for the voluntary retirement under protest. In order to get answers for the first question, it was obvious to refer to the case Bank of India and Ors. v. O.P Swarnakar and Ors and to the decision of the Supreme Court in this case. In the above mentioned case, the Supreme Court
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