IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WA.No. 706 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN OP.25108/2001 Dated 01/12/2008 .................... APPELLANT/PETITIONER: ------------------------------------- S.MUKUNDAN FLAT NO.C-4, V.B.COURT, L.F.C ROAD, KALOOR, COCHIN-17 BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SRI.NINU M.DAS RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE CHAIRMAN AND MANAGING DIRECTOR UNION BANK OF INDIA, CENTRAL OFFICE, NARIMAN POINT, MUMBAI -400021. 2. THE GENERAL MANAGER (P) UNION BANK OF INDIA, CENTRAL OFFICE, NARIMAN POINT, MUMBAI -400021. BY STANDING COUNSEL SRI.A.S.P.KURUP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No. 706 of 2009 ------------------------------------------ Dated, this the 15th day of June, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. He is aggrieved since he is denied the benefit of service during the period between the date of compulsory retirement and Ext.P2 order passed by the reviewing authority who altered the punishment and reduced the same from compulsory retirement to reduction in rank by five stages. The learned Single Judge dismissed the writ petition holding that alteration of the punishment and mitigation is only by way of a concession and hence the petitioner is not entitled to any further benefits. 2. Inviting reference to Union Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1976, it is contended that when the punishment of dismissal, removal or compulsory retirement is interfered with, the incumbent shall be treated to have continued under suspension. We are afraid, this contention cannot be appreciated. What is stated in Regulation 12(3) is that where a penalty W.A.No.706 of 2009 - 2 - of dismissal, removal or compulsory retirement from service imposed upon an officer employee under suspension is set aside in appeal or on review under the Regulations, and the case is remitted for further enquiry or action or with any directions, the order of suspension shall be deemed to have continued to be in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force till passing final orders. In the instant case, the petitioner's case is not remitted by the reviewing authority for any further orders. As pointed out by the learned counsel for the Bank, extreme concession has been given to the petitioner. The punishment has been reduced from compulsory retirement to reduction in rank by five stages. The period of absence has also been treated as leave on loss of pay so that the incumbent gets the eligible service benefits without break in service. Further it is pointed out that Ext.P2 order has been accepted by the petitioner and he has availed Voluntary Retirement by proceedings dated 20.4.2001. In view of that factual position also, we do not find any merit in the writ appeal. Maximum concession has been given to the writ petitioner. He is not entitled to W.A.No.706 of 2009 - 3 - any monetary benefits for the period he has not rendered any service to the Bank except to the extent given by the Bank itself by way of concession. Writ appeal is hence dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns