KRISHNA LAL DEWANGAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) ORDER By this petition, the petitioner seeks a direction to the respondent No. 5 to pay the revised salary and allowances for 25 days with effect from 1. 11. 2002 and further the interest thereon from 26. 11. 2003 till the date of payment. The petitioner further challenges the validity of the order dated 28. 11. 2003 (Annexure P/6) whereby the salary of the petitioner for 22 days has been deducted and further compensation for mental and physical harassment.

(2.) THE brief facts, in nutshell, are that the petitioner, while working as Deputy Manager in State Bank of India, bilaspur Branch, submitted an application dated 29. 04. 2003 (Annexure P/1) seeking voluntary retirement with effect from 31. 7. 2003. No order was passed on the said application and the petitioner continued in service. Thereafter, on 17. 9. 2003, the petitioner sent a reminder (Annexure P/3) stating that the petitioner had already made an application for voluntary retirement on 29. 4. 2003. The petitioner was summoned for counseling on 26. 7. 2003. Without passing any order, in the meantime, the petitioner was transferred on 16. 8. 2003 to mungeli. The petitioner again requested to accept his application dated 29. 4. 2003 (Annexure P/1) and to permit him to retire on 30. 09. 2003 with terminal benefits. The petitioner received a letter dated 7. 10. 2003 (Annexure P/4) whereby the petitioner was informed that his earlier application dated 29. 04. 2003 was not considered for voluntary retirement. Since the petitioner has sent second application dated 17. 09. 2003 (Annexure P/3) whereby the petitioner has requested for voluntary retirement with effect from 30. 09. 2003, the same shall be considered within a period of three months. On 05. 11. 2003 (Annexure P/5), the petitioner received one more letter to make a fresh application for voluntary retirement if the legal statutory period of three months is not complied with, else, the salary for the remaining period may be deducted accordingly. On 28th November, 2003 (Annexure P/6), the petitioner received a letter whereby the application dated 17. 9. 2003 (Annexure P/3) was approved and the petitioner was granted voluntary retirement with effect from the close of business hours on 25th November, 2003. It was further stated that the voluntary retirement from bank service was sought without the due notice of three months, therefore the bank would recover a part of the salary in lieu of short notice period from the petitioner. Accordingly, the salary period for 21/22 days was directed to be recovered from the petitioner. The representation of the petitioner against recovery of 21/22 days salary and allowances was rejected. The petitioner sent a detailed letter dated 24. 10. 2005 (Annexure P/9) and a reminder dated 2. 11. 2005 (Annexure P/10) to make the payment of salary of 22 days. The payment of 22 days was not made. Thus, this petition.

(3.) SHRI Kesharwani, learned counsel appearing for the petitioner would submit that the respondents have committed an error by treating the date of reminder i. e. 17. 09. 2003 (Annexure P/3) as the date of the application The petitioner had made a request on 29. 04. 2003 (Annexure P/1) in terms of rule 19 (1) of the State Bank of India Officers Service Rules (hereinafter referred to as `the Rules' ). The petitioner was not granted permission to take retirement with effect from 31. 7. 2003 after the notice period of 3 months. Thus, the reminder was sent on 17. 09. 2003. The limitation for period of notice of three months may be computed from the date of first application not from the date of reminder. The authorities have further committed an error in calculating the notice period and in deducting salary for the period of 21 days.