STATE BANK OF PATIALA Vs. PHOOLPATI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the correctness of a judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the appellant-Bank was not justified in relieving Hari Ram, deceased husband of the respondent, from services of the Bank with effect from 5.3.2002.

(3.) The factual background which is almost undisputed is as under : Late Hari Ram joined the services of the appellant-Bank on 9.1.1985. In the normal course, he would have retired on 6.6.2005. On 7.1.2002 he submitted his resignation to the Branch Manager of the Kungar Branch requesting its acceptance w.e.f. 1.3.2002, which was received by the Bank on 8.1.2002. On 4.2.2002 late Hari Ram sought to withdraw the proposed resignation. The ground indicated was that at the time of writing the letter he was seriously ill, was suffering from fever, and due to the effect of medicines he was mentally disturbed. He, therefore, requested not to give effect to the letter. On receipt of the letter, appellant-Bank wrote back to him saying that since he had indicated to have written the letter due to ailment, proof of ailment and supporting documents were required to be filed. It was clearly indicated that in the event of failure to submit the documents, he would be relieved from the Banks service w.e.f. 1.3.2002. No document was submitted. On the contrary, another letter was received from late Hari Ram on 4.3.2002 reiterating his prayer for accepting his resignation. The request for resignation was accepted and late Hari Ram was relieved from the Banks service on 5.3.2002. On 8.6.2002 late Hari Ram expired. On 12.8.2002 the admitted service benefits were accepted by the respondent. On 7.10.2002 a writ petition was filed before the High Court taking the stand that late Hari Ram continued to be in service of the Bank and the order directing his relieve from the Banks service w.e.f. 5.3.2002 was illegal. The Division Bench by the impugned judgment accepted the prayer.