AMAR SINGH SEWARA Vs. DEEPA SHRIVASTAVA

JUDGEMENT

(1.) This contempt petition complains of non compliance by the Reserve Bank of India ('RBI') with the directions contained in the Order dated 22.8.2005 passed by a Division Bench of this Court in LPA No. 847 of 2004.

(2.) The petitioner was employed with the RBI as Clerk grade II. After serving for about 40 days, he informed the RBI by a letter dated 19.6.1978 that he had fallen sick and was not in a position to join his duties. Since he had remained absent without any supporting medical certificate, letters were issued on 5.7.1978 and 17.7.1978 asking him to report for duty. The two letters were returned undelivered with postal remarks that the petitioner was not available and has left without any forwarding address. When there was no response to the subsequent memorandum issued, an order was passed on 26.9.1978 treating the petitioner as having voluntarily vacated his appointment.

(3.) About 19 years later in June 1997, the petitioner submitted an application to the RBI stating that he was medically fit and should be allowed to continue his duty. When the RBI declined this request, the petitioner raised an industrial dispute which was referred to the Industrial Tribunal. An Award dated 30.7.2002 passed by the Industrial Tribunal setting aside the Order dated 26.9.1978 issued by the RBI. It was directed that the period of absence of the petitioner from 19.6.1978 to 7.7.1997 would be converted into extraordinary leave but on reinstatement the petitioner would be entitled to pay/salary only from 8.7.1997. It was directed that the petitioner would not be entitled to any past benefits such as increments, promotions, gratuity etc.