O VIJAYAN Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Petitioner, who was working in Central Bank of India, has filed this writ petition challenging Ext.P2 order by which his request for payment of terminal benefits/terminal surrender of earned leave and full pension was rejected on the ground that he was discharged from service based on disciplinary action and that he was eligible for compassionate allowance.

(2.) Petitioner commenced his service under the respondent-the Central Bank of India on 22.10.1979 as a Clerk. Disciplinary proceedings were initiated against him, while he was working as a Head Cashier, which culminated in Ext.P1 order of punishment of "Discharge from service with superannuation benefits i.e. Pension and/or Provident Fund, gratuity as would be due otherwise under the rules or regulations prevailing at the relevant time and without disqualification from future employment in terms of clause No.6(d) of Memorandum of settlement dated 10.04.2002." Ext.P1 order was issued on 05.12.2013. Petitioner submitted a representation requesting for terminal benefits on 14.05.2014. It was rejected as per Ext.P2 letter. Petitioner filed this writ petition at that stage challenging Ext.P2 order, asserting that he is entitled to full pension as well as for commutation of pension and for terminal leave encashment benefit.

(3.) Ext.P3 Bipartite Settlement was arrived at between the management of 52 'A' Class Banks as represented by the Indian Banks Association and their workmen as represented by the All India Banks Employees Association, National Confederation of Bank Employees, Indian National Bank Employees Federation. Clause 6 of the settlement provides for the punishments which can be awarded when an employee if found guilty of misconduct. "Discharge from service with superannuation benefits i.e. Pension and/or Provident Fund and gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time and without disqualification from future employment" is one of the punishments given under Sub-clause (d) of Clause 6 of the settlement. Clause 6 (d) reads as follows: