I.A. No.1 of 2003 filed in the present civil appeal. It was urged that the said respondent had two savings bank accounts no.4775 and 4777, in which the bank credited salaries, notice period salary as well as leave encashment benefits under the scheme, which was never objected to by the respondent. Further, the credits in the savings bank accounts were used by the respondent to repay his car loan to the bank amounting to Rs.65,220/-, which was one of the conditions prescribed in the scheme. Further, the said respondent had utilized the credits in the said accounts for investment in fixed deposits. Accordingly, it was submitted that the respondent had received the payments under the scheme, he had utilized those payments to discharge his obligations under the scheme by repayment of car loan and he had invested the amounts in fixed deposits. Therefore, he was not entitled to withdraw from the scheme. Mr. Jayant Bhushan, learned senior counsel appearing on behalf of the respondent, on the other hand, contended that on 6.12.2000, respondent herein opted for VRS. He urged that the scheme was open up to 31.12.2000. On 22.12.2000, the said respondent withdrew his offer. He repeatedly reminded the management thereafter to accept his request for withdrawal. Despite reminders, on 29.01.2001, the management relieved the respondent from service, which was challenged by him by filing writ petition in Delhi High Court on 26.3.2001. It was urged that although the respondent succeeded in the writ petition, till date the appellant has failed to reinstate the respondent. It was submitted that the appellant had unilaterally credited the salaries, the notice pay and the leave encashment benefits in the account of the respondent with the appellant – bank and consequently, the receipts of payments cannot constitute waiver or acquiescence on the part of the respondent. At the highest, it was receipt of payment under protest. In this connection, reliance was placed on the fact of pendency of the writ petition in the High Court.
