ARIJIT BANERJEE,J. - (1.) In this writ application the petitioner, an erstwhile employee of the respondent Bank, claims the following reliefs: (a) A Rule in the nature of Mandamus commanding the Respondents to act in accordance with law and to release the Leave Encashment of 240 days with interest for delayed payment which the petitioner entitled of Bank rate of 11.5% per annum. (b) A Rule in the nature of Mandamus commanding the Respondents to pay interest amounting to Rs. 1,87,560.80p on Gratuity amount for delayed payment at Bank's rate of 11.5% per annum for 1410 days. (c) A Rule in the nature of Mandamus commanding the Respondents to consider the 2nd option of the Writ Petitioner for availment of Pension as per Bank's Pension Regulation/Circular and release the Pension with interest at Bank's rate.
(2.) When the petitioner was a Scale-II Officer of the respondent Bank, he was issued a charge-sheet. A domestic enquiry followed. He was dismissed from service of the Bank on 24 August, 2007. The petitioner's appeal against the order of the Disciplinary Authority was dismissed and the order of termination of his service was confirmed by the Appellate Authority by an order dated 2 January, 2008. The petitioner challenged the said orders before this Court by filing WP 120 of 2008. By a judgment and order dated 24 February, 2010 Debasish Kar Gupta, J., set aside the order of dismissal. The operative portion of the said judgment and order reads as follows:- "In view of the above settled principles of law I quash and set aside the impugned punishment. I further direct the disciplinary authority to pass the final order of punishment against the petitioner by inflicting punishment other than the punishment of 'dismissal which shall ordinarily be disqualification for future employment' upon the petitioner in the light of the above discussion. The writ petition succeeds to the extent as discussed and directed hereinabove."
(3.) The respondent filed an appeal against the order of the learned Single Judge. The said appeal was, however, not pressed subsequently and was dismissed as not pressed by an order of the Division Bench dated 30 August, 2010. This was in view of the fact that by an order dated 11 August, 2010, the Bank had imposed the lesser punishment of compulsory retirement on the petitioner in accordance with the Learned Single Judge's order.;