- (1.) The writ petitioner stirred a claim for Mandamus, Certiorary, Prohibition and for other ancillary reliefs when his right to entitlement to bonus was snapped off by the respondent authorities. The petitioner, in establishing his claim for bonus, has assiduously cultivated in his application that he was entitled to bonus for the period between 1.4.95 till rendering his services to the respondent opposite parties dated 31.3.96.
(2.) The departmental proceedings, though initiated, cannot disperse with his right to receive the bonus for the aforesaid period. The petitioner, accordingly, put up a prayer before the learned Trial Judge to receive the bonus amount for the accounting year 1.4.95 to 31.3.96 with a notice to the respondents. Ultimately, the matter came up for hearing before the learned Trial Court which passed the order contrary to the claim of the petitioner which has pushed him to the Court of appeal for reversal of the order passed by the learned Trial Judge dated 14.10.96.
(3.) The prayer has been stoutly opposed by the learned Counsel for the respondents on the ground that the departmental proceedings pending decision by the disciplinary authorities divest the petitioner of his right to claim the bonus. According to the legion of judicial precedents, there cannot be any cleavage of opinion that the petitioner can enforce his right to receive bonus. Both the learned Counsel appearing for their respective parties have made a forceful submission about their claim.;