SIYARAM BASANTI Vs. CHHATTISGARH RAJYA GRAMIN BANK

JUDGEMENT

(1.) The Petitioner who was initially appointed as Branch Manager in the respondent Bank on 7/10/1982, has been promoted on the post of Officer Scale II, subsequently he has been promoted on the post of Officer Scale I and his services were dismissed on 5/5/2015 after departmental enquiry.

(2.) The punishment order of dismissal from services specially provides that the dismissal from service shall ordinarily be disqualification from future employment. Against that, petitioner has preferred an appeal before the appellate authority who vide order dtd. 13/10/2015 has dismissed the appeal. Against the dismissal from service the petitioner has preferred writ petition being WP(S) No. 1148/2016 which is pending consideration before this Court. It has been further contended that the petitioner after 33 years of service is entitled to gratuity, provident fund and leave encashment which have been withheld by the respondent Bank without rhyme and reason. Therefore, he has moved an application before the respondent Bank for releasing the gratuity on 1/3/2019, 18/6/2019 and 2/12/2019. But, no decision has been taken on the said applications. It has also been contended that the respondent bank vide memo dtd. 10/6/2019 has declined to grant him pension also in view of Regulation 20, 29 of Chhattisgarh Rajya Gramin Bank (Karmchari) Pension Regulation, 2018 which are applicable to the officers/employees of the bank.

(3.) On above factual foundation the petitioner has filed writ petition and prayed for grant of gratuity, provident fund and leave encashment. The respondent Bank has filed their return in which they have contended that as per Regulation 72 of Chhattisgarh Rajya Gramin Bank (Officers and Employees) Service Regulation, 2013 the eligibility of an employee for payment of gratuity is governed as per the provisions of Payment of Gratuity Act, 1972 and Regulation No. 72(2) provides that eligibility of gratuity on retirement, death, disablement rendering unfit for further service or resignation after 10 years of continuous service or termination of service in any other way except by way of punishment after 10 years of service. Since the petitioner has been dismissed from service by way of misconduct therefore he is not entitled to get gratuity. it is further submitted that these regulations have statutory force and operate against the petitioner which prohibits payment of gratuity to the petitioner in view of dismissal from service. So far as claim of provident fund is concerned the petitioner is entitled to get provident fund subject to submission of form before the appropriate office and since he has been dismissed from service, therefore, he is not entitled to get leave encashment also. It has been further contended that the petitioner has not exhausted the remedy available to him under Payment of Gratuity Act, 1972 by filing an application before the Controlling Authority and thereafter filing an appeal, thus present writ petition is not maintainable in view of efficacious alternative remedy available to the petitioner and would pray for dismissal of the writ petition.