KARNATAKA VIKAS GRAMEENA BANK DHARWAD-8 Vs. CHANDRASHEKHAR

JUDGEMENT

(1.) The present Intra Court Appeal is filed by the appellant Karnataka Vikas Grameena Bank against the order dtd. 13/8/2015 made in W.P.No.65178/2009 by the learned Single Judge allowing the writ petition directing the appellant Bank to immediately release the accumulated privilege leave standing to the credit of the respondent- petitioner upto the date of his resignation being accepted. It was further directed that the bank shall make payment within a period of six weeks, if not earlier and if the bank fails to make payment within a period of six weeks, interest shall accrue on such amount at 10% p.a. till the date of payment.

(2.) The respondent who is the writ petitioner before the learned Single Judge filed W.P.No.65178/2009 for a writ of certiorari to quash the order dtd. 6/10/2008 made in No.A238/PHRDD/2008, passed by the Senior General Manager (PHRDD, P.B. Road, Dharwad) vide Annexure-G denying the privilege leave to him and for a direction to the Bank to pay privilege leave encashment benefit of 221 days in the interest of justice. It is the case of the respondent that he was appointed as Probationary Officer in the year 1984 and after completion 2 years of service, he was promoted as Junior Management Officer and subsequently promoted to the Middle Management Cadre in January 2000. The respondent was transferred to Gadag Betageri Branch as an Officer on 9/5/2007. On 12/11/2007, due to ill-health and personal problems, he resigned and the same was accepted by the appellant-Bank. On 25/8/2008, he requested the appellant that as on the date of his resignation which was accepted on 21/3/2008 and was relieved on 23/8/2007, he has 221 days privilege leave to his credit and to settle the privilege leave encashment benefit etc. The appellant bank by the impugned endorsement denied privilege leave encashment benefit on the ground that there is no provision for payment for resigned staff as per Annexure-G. Hence, the writ petition came to be filed for the relief sought for.

(3.) Learned Single Judge after hearing both the parties, by the impugned order dtd. 13/8/2015 allowed the writ petition and quashed the endorsement issued vide Annexure-G and directed the Bank to release the amount immediately as accumulated privilege leave standing to the credit of the petitioner up to the date of his resignation being accepted within a period of six weeks, failing which, it will carry interest at 10% p.a. on the amount till the date of payment. Hence, the present intra Court appeal is filed by the Bank.