ALEX ZACHARIA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The issue arising in this case is whether a retired officer of the State Bank of India is eligible for transfer T.A. and transportation charges in case he settles down in a foreign country and whether it is limited to those who settles down within India alone.

(2.) The petitioner retired from State Bank of India while working in Middle Management Grade III, on voluntary retirement with effect from 15.6.2004 and he settled down in Horsham in U.S.A. He is receiving pension in his account in U.S.A. Ext. P1 is the rules governing the service conditions of State Bank of India Officers Service Rules. As per these rules, the employees who retired from service are eligible for transferring allowance on retirement. Even though terminal benefits were granted to the petitioner, he was not granted transfer travelling allowance.

(3.) The petitioner submits that in Ext.P2 letter submitted in 2004 and received by the respondents on 17.11.2004, he requested for an advance of a sum of Rs. 2 lakhs for the travelling expenses of himself and his family and the cost of transporting his house hold effects from Kochi to Horsham, which is the place where he proposed to settle down on retirement. By Ext.P5 letter dated 17.8.2006, the Assistant General Manager of the State Bank of India, Learning Centre, informed the petitioner that the corporate centre had advised them that provision for payment of travel allowance on retirement in terms of R. 43 of State Bank of India Officers Service Rules, 1992 (hereinafter referred to as 'the Rules') is for settling at a place of choice within the country by the retiring official and is not applicable for settling in a foreign country. This Writ Petition is filed challenging Ext.P5 order and for a declaration that the petitioner is entitled to travelling allowance as in the case of any other employee who settles down within India. The petitioner points out that the Service Rules, 1994 does not stipulate any restriction with reference to grant of travelling allowance.