IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.18387 OF 2011 Between: Ch.Churchil .....PETITIONER AND The Zonal Manager Bank of India (Disciplinary Authority) Hyderabad Zone, P.T.I. Buildings A.C. Guards, Hyderabad. ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C.BHANU Writ Petition No.18387 OF 2011 ORDER: 1 This Writ Petition is filed to declare the action of the Respondent in not extending the benefit of wage revision with effect from 01.11.2007 and not paying the arrears to the petitioner as illegal and arbitrary and consequently to direct the Respondent to pay the arrears of wage revision forthwith. 2 Heard. 3 The case of the petitioner is that the petitioner was initially appointed as Clerk-cum-Cashier in the year 1983 in Bank of India and he was kept under suspension on 14.12.2007 on certain charges of misconduct leveled against him viz., 1) that between 16.06.2007 to 29.11.2007 on 25 occasions he received cash with pay-in slips from the customers of the bank for depositing in their S.B. loan accounts to a tune of Rs.9,78,366/- for which the bank has reimbursed to an amount of Rs.7,36,496/- to the customers; 2) that on 26.09.2007 he received cash of Rs.1,000/- along with pay-in-slip newly opened account but he deposited Rs.500/- only in the account. It is further stated that the petitioner submitted his explanation for the said charges dated 23.10.2008. However, the Respondent has paid Rs.7,36,496/- to the customers by selling his dwelling house. He further submits that after conducting enquiry, the Deputy Zonal Manager, Bank of India, Hyderabad Zone had issued the impugned proceedings of punishment of ‘dismissal without notice’ under section 6(a) of the memorandum of settlement dated 10.04.2002 and also ordered that the period of suspension will be treated as suspension and no other pay / allowances will be payable to the petitioner over and above what has already been paid to him as a subsistence allowance. Petitioner further submits that there was an agreement in the bipartite settlement to pay the revision of wages / arrears even the employees who are in service or retired. The wages would come into effect from 01.11.2007 and the Bank agreed to pay the arrears of wages to the employees working under the bank and as such, he is entitled to the above benefits on par with the other employees who are similar to him as he was in service on 01.11.2007. However, the Respondent did not incline to extend the said benefits to him. It is further submitted that aggrieved by the punishment imposed on him, he preferred a statutory appeal before the Respondent herein and the same is pending for the last two years without any orders being passed. Hence the present Writ Petition. 4 Admittedly, against the punishment the petitioner filed an appeal before the Respondent and the same is pending. Unless the appeal is disposed of in accordance with law, question of paying arrears to the petitioner does not arise. 5 Hence this Writ Petition is disposed of directing the Respondent to pass appropriate orders on the appeal filed by the petitioner within a period of six weeks from the date of receipt of a copy of this order, after giving a reasonable opportunity to the petitioner and thereafter communicate the same to him. No order as to costs. ___________ K.C. BHANU, J 01.07.2011 Kvsn