BHARAT BHUSHAN Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) THE present writ petition is filed by Sh. Bharat Bhushan, an ex -employee of the respondent no. 2 -State Bank of India, who took voluntary retirement under a circular dated 29.07.1999. The claim of the petitioner is that the petitioner has got lesser VRS benefits inasmuch as the petitioner has been given VRS benefits taking him on a lower post than the actual post, which he was working in the grade being Officer Middle Management Grade Scale II w.e.f. 1.01.1991. The basis dispute in the present case centers around the aspect of entitlement to further promotion of an employee of the respondent no. 2 -bank, petitioner being one such employee, being dependant upon completion of an assignment in a rural or a semi urban area. In terms of the policy of the respondent no. 2 -bank since certain circumstances existed, adhoc promotions were granted without employees' completing the period of posting of 2 years in the rural or semi urban area, subject however to the employee given an undertaking that he will complete the posting in the rural or semi urban area. The petitioner did take the promotion, and which was admittedly an adhoc promotion, by giving the following undertaking: -

(2.) I also undertake to forgo the promotion in the event of my failing to complete the required period of service at a rural/semi -urban branch for reasons attributable to me.

(3.) IT is undisputed before me that the amount which was received by the petitioner towards the terminal benefits on account of his VRS application being accepted, was not taken by the petitioner by disputing the quantum of payment and by reserving his rights that the amount received by the petitioner was not as per his legal entitlement requiring the monetary benefits to be as per the petitioner being an Officer of Middle Management Grade Scale -II.