ANDREW E K Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) TWO original petitions, filed by one and the same person, are being jointly heard and disposed of, as requested for by the parties. A brief history leading lo filing of these two petitions might be necessary, to understand the nature of the claims.

(2.) WHILE working as Deputy Manager of erstwhile Bank of Cochin, the petitioner had been appointed as Chairman of the Bank for a period of two years, during 1979. He had been reappointed again with the approval of the Reserve Bank of India, for a fresh period of three years, but could not complete the term, since he was removed from the office on 2.4.1983. The appeal filed by the petitioner had been rejected by the Government, but because of directions issued by this Court in O.P. No. 9763 of 1984, it was heard afresh. The Government had stuck to its initial decision. This necessitated filing of O.P. No. 7316 of 1991. The original petition was allowed and the decision, was confirmed by judgment in Writ Appeal No. 906 of 1992. The finding was that the removal of the petitioner from the post of Chairman was in violation of principles of natural justice.

(3.) THE result was to be that the petitioner was to be deemed as continuing in service all through out, unaffected in any manner. The only contentious issue was as to what would have been the position the petitioner could have been accommodated, on the expiry of the period of five years, for which he had been nominated as the Chairman. The petitioner had contended that he was entitled to be designated and accommodated as Deputy General Manager, and was eligible to the arrears of emoluments and perquisites arising therefrom.