Mohammad Rafiq, J. - (1.) THIS writ petition was preferred by Jagan Prasad Gupta in the year 2007 inter alia with the prayer that the respondent -bank be directed to declare the mandatory period of two years of rural posting in the case of petitioner as complete and make payment of his retiral benefits viz. ex gratia, leave encashment or any other retiral benefit on the scale of pay which he has drawn on the last working day prior to voluntary retirement together with interest @ 18% per annum.
(2.) SHRI Pradeep Asthana, learned counsel for the petitioner has argued that petitioner was appointed as Cashier with respondents in 1967. He was promoted as Officer, JMGS -I in the year 1977 and posted at Rural Branch called Kakira Branch in Himanchal Pradesh where he joined on 10.4.1978. On creation of Jaipur Zonal Office, he was promoted from the post of JMGS -I to MMGS -II with effect from 1.8.1990 by order dated 22.8.1990. The promotion on the post of MMGS -II required the mandatory posting of two years in the branch at rural areas. Petitioner was posted at Brahambad Branch of the bank and he joined his services on 15.2.1991. He was then transferred and relieved from Brahambad Branch on 1.6.1992. Petitioner was promoted as MMGS III and a appraisal form was prepared confirming the mandatory rule of posting in rural area two 2 years and in semi urban service of 2.1 years. As per the prevalent mode of calculation, petitioner was subject to 25 months posting in rural area. The respondent bank in the year 2000 offered a scheme for voluntary retirement. The said scheme was modified by order dated 2.1.2001. In regard to rural posting, the respondent required the petitioner on 17.1.2001 to furnish the details of his posting. Petitioner accordingly submitted the same. The respondents satisfied therewith permitted the petitioner to retire voluntarily by order dated 9.3.2001. Petitioner has been throughout, from the date of his promotion on 1.8.1990 till the date of his retirement on 31.3.2001, discharging the duties of MMGS II and has also drawn his salary from that post. Petitioner was paid retiral benefits including ex -gratia payment and leave encashment at the lower rate than what he was actually drawing on the last date of his retirement on 31.3.2001. Petitioner submitted representation to the respondents for rectifying this mistake. The respondent authorities required him to furnish his date wise posting at rural branches and conveyed vide letter dated 26.6.2001 and held that petitioner's period of rural service was less than 24 months and on that basis declined to rectify this mistake. Petitioner submitted representations to the higher authorities on 6.7.2006 and thereafter on 28.9.2006, which was replied vide communication dated 28.9.2006 that he has not completed 24 months of requisite rural posting. Aggrieved thereby, he has filed the present writ petition. Shri Pradeep Asthana, learned counsel for the petitioner has referred to the computation made in the Promotion Appraisal Form (Annexure -8) prepared by the petitioner wherein he has shown to have completed two years rural/semi urban assessment. It is argued that the respondents cannot dispute the correctness of the aforesaid assessment. Learned counsel in this respect also submitted that document Annexure -R/6, which the respondents submitted by the reply also corroborate the similar entries as made in the appraisal report. Learned counsel for the petitioner has relied on the judgment of Allahabad High Court in Dr. B.S. Goel v. Vice -Chancellor of Meerut University, Meerut & Ors. - : 1996 (5) SLR 353.
(3.) SHRI V.S. Yadav, learned counsel for the respondent opposed the writ petition and argued that this petition suffers from delay and latches. Besides, the petitioner has withdrawn the ex -gratia amount and other retiral benefits from his account without any prejudice and thus he is estopped from challenging the same. It is one of the mandatory condition that all officers in JMGS -I scale are required to put in minimum two years service in a rural branch before they are considered for promotion to MMGS -II. Till such completion of two years service in rural branch, promotion of such officer is to be treated as ad hoc and in case such officer opts for voluntary retirement, such promotion may be withdrawn. Petitioner has not completed the mandatory requirement of two years rural service. Petitioner voluntarily applied under the SBIVRS with open eyes without any compulsion. Learned counsel argued that the Indian Bank's Association, a representative body of all public sector banks in the country advised the respondent bank regarding recommendations of the committee by their circular dated 31.8.2000 to review human resource and manpower planning. The Committee suggested to introduce Voluntary Retirement Scheme, which was approved by the Government of India. The SBI Voluntary Retirement Scheme was introduced in the bank vide circular dated 29.12.2000. The said scheme was introduced in the Delhi Circle of the bank by special circular letter dated 30.12.2000. The Deputy Managing Director of the respondent bank was duly authorised by the Central Board to amend/clarify the scheme that if an officer does not complete the mandatory rural or semi urban assignment either wholly or partly submits an application for retirement under SBIVRS, his request would be subject to the provisions contained in circular dated 29.7.1999. Thus in case an officer from this category applies for retirement before approving his case, his promotion would stand withdrawn. The Chief General Manager of respondent bank vide letter dated 4.1.2001 communicated the aforesaid decision of the Deputy Managing Director contained in circular dated 2.1.2001 to all branches in Delhi Circle. The Deputy Managing Director of the respondent -bank was duly communicated by letter dated 10.1.2001 that the employee who has submitted an application under the said circular may be permitted to withdraw the application on or before 15.2.2001. Petitioner was thus aware of the risk involved in the voluntary retirement. He could have withdrawn his request, which he failed to do. Learned counsel has referred to the chart of the computation of period of rural service of the petitioner in para G of the reply, according to which total period of posting of the petitioner as Head Cashier, Kakirath was from 10.4.1978 to 20.11.1978 i.e. for 224 days and in Brahambad from 15.2.1991 to 1.6.1992 for 472 days. Thus in total he has completed 696 days which is short by 34 days. Learned counsel in support of his arguments relied on the judgment of Madras High Court in WP No. 18272/2001 decided on 26.4.2005 and judgment of Delhi High Court in Ashok Khosla v. UOI & Ors., LPA No. 2047/2006 decided on 31.10.2006.;