Narendra Kumar vs Chairman And Managing Director ...

2. The appellant joined the services of Syndicate Bank, respondent No.1, as a Law Officer in the year 1979. He went on deputation to the Debt Recovery Tribunal, Allahabad as Secretary/Registrar for a period of three years from 25.3.1996 which period was extended by one year when he was posted in that capacity in Allahabad. The appellant was thereafter repatriated to the parent department of the respondent after four years. 1

3. The appellant was again sent on deputation as Secretary/Registrar of the Debt Recovery Appellate Tribunal, Allahabad for one year on 29.11.2001 which period was extended twice by one year each. The request of the Chairperson of the Debt Recovery Appellate Tribunal, Allahabad requesting for further extension of deputation was, however, declined by the respondent No.1, his parent department. But on the Chairperson writing a letter to the Executive Director of the Syndicate Bank, by a notification dated 10.2.2005, the appellant was granted further extension of six months upto 28.5.2005.

5. The appellant was selected for the post of Presiding Officer, Debt Recovery Tribunal, Lucknow and the appointment letter dated 20.01.2006 was issued and addressed to the Chairman and Managing Director of the respondent No.1 Bank with a copy endorsed to the appellant and the Chairperson of the Debt Recovery Appellate Tribunal, Allahabad. In terms of this appointment letter, the appellant was called upon to take over the charge as a Presiding Officer within one month from the date of issue of the letter. The appellant, thus, wrote to respondent No.1 Bank on 25.1.2006 requesting for permission to take over the charge of the said new post. No response was sent by the Bank to this letter. The Chairperson, Debt Recovery Appellate Tribunal released the appellant on 27.1.2006 and the appellant thereafter took over the charge of the post of Presiding Officer. A notification dated 9.2.2006 was issued by the Union of India/respondent No.4 of taking over charge of the appellant for a period of five years w.e.f. 30.1.2006 or till he attained the age of 62 years with a copy marked to respondent No.1 Bank.

7. The appellant responded to this letter on 12.1.2007 stating that he was submitting an application for retirement for which approval from respondent No.4 was required for which he addressed a letter of even date. However, the respondent No.1 Bank on 19.2.2007 called upon the appellant to resign from the service of the Bank as he had taken over as Presiding officer of the Debt Recovery Tribunal. Some communication in this behalf was exchanged but, suffice to say that, ultimately the appellant resigned and that resignation was accepted by the respondent No.1 Bank vide letter dated 10.3.2008. The said letter informed the appellant that he was being relieved from the 4 services of the Bank by acceptance of his request for voluntary retirement with immediate effect. However, the dispute which forms the subject matter of the present proceedings arose from the latter part of this letter which reads as under:

8. On 6.5.2008, the appellant was informed that only a sum of Rs.2,41,800/- was payable to the appellant on the basis of the total period of service of 18 years and 10 months. Thus, effectively the respondent No.1 Bank forfeited the services of the appellant of 9 years and granted benefit of 5 gratuity to the appellant on the basis of 18 years of service. This was disputed by the appellant vide letter dated 10.7.2008 pointing out that his service was of 29 years and 2 months as the period of deputation in the DRT and DRAT was part of continuous service of the parent department for the purpose of gratuity. Pensionary benefits were requested vide letter dated 15.7.2008 but this did not invoke a positive response. The appellant, thus, addressed a letter to respondent No.4 which in turn addressed the communication to the Bank seeking a sympathetic consideration of the case of the appellant. But ultimately the request of the appellant was still rejected by the respondent No.1 Bank vide a letter dated 31.5.2010.

11. The writ petition was heard and dismissed on 31.3.2017 by the Division Bench. It is this order which is sought to be assailed in the present appeal. The impugned order records that the appellant was not granted pension in view of the alleged non-compliance of Clause 22(2) of the Syndicate Bank Employees’ Pension Regulations, 1995 (hereinafter referred to as ‘Pension 7 Regulations’) as he was required to join back the service of the bank on being relieved from the DRT on 27.1.2006 but he straight away joined the post of the Presiding Officer of the DRT, Lucknow. The period from 28.1.2006 was treated as willful abandonment of service. The relevant extract of the Pension Regulations reads as under:

2. In terms of Clause No.29 of SBEPR-1995, “on or after 1 day of November 1993, at any time after an employee st has completed 20 years of qualifying service, he may, by giving notice of not less than 3 months in writing to the appointing authority retire from service.

b. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties 1 & 2 to grant the pensionary benefit to the petitioner and pay the entire arrears to the petitioner with interest.” Interim orders were granted in favour of the appellant on 15.7.2010 staying the operation of the impugned orders dated 31.05.2010 and 10.03.2008.

16. It is unfortunate that such a stand was sought to be taken by the Bank resting on unjustified ego of someone, causing immense suffering to the appellant. We are, thus, of the view that the impugned orders in the Writ Petition No.947(SB)/2010 and orders issued by respondent No.1 Bank are unsustainable and are, accordingly, quashed. The Writ Petition filed by the appellant before the High Court is liable to be allowed and the impugned order of the Division Bench set aside. Appeal is allowed.

17. We also consider it appropriate to impose costs on the respondent No.1 Bank, in view of what we have discussed aforesaid, quantified at Rs.25,000/-. The amount due to the appellant alongwith interest, as per 10 norms, and the cost imposed be remitted to the appellant by Respondent No.1 within a maximum period of 2 months from today.

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APRIL 30, 2019 11