SURESH CHANDRA BAJPAI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) A disciplinary proceeding initiated by the respondent Bank against the writ petitioner was concluded by an order dated 1st February, 1989 and, thereby, petitioner was dismissed from the services of the respondent Bank. The order of dismissal dated 1st February, 1989 was successfully challenged by the petitioner by filing a writ petition. The said writ petition was allowed on 15th July, 2006, whereby and under, the punishment order was interfered with on the ground that the same was excessive in the background of the charges as were levelled against the petitioner in the disciplinary proceeding and, accordingly, liberty was granted to the respondent Bank to re-conclude the disciplinary proceeding by passing a fresh order. On 1st October, 2008, upon reconsideration of the matter, Bank concluded the disciplinary proceeding and, thereby, compulsorily retired the petitioner but with effect from 1st February, 1989. This order dated 1st October, 2008 has been accepted by the petitioner. Having accepted the said order, petitioner asked the Bank to settle his terminal dues. The Bank, by the order dated 13th December, 2010, purported to settle the same. Petitioner has no grievance in relation to settlement of other retiral benefits by the said order dated 13th December, 2010, but is aggrieved by the decision conveyed as regards the claim of the petitioner for pension. In paragraph 2.5 of the said letter dated 13th December, 2010, while rejecting the claim of the petitioner for pension, it was held out as follows:--

(2.) There being no dispute that the petitioner served the respondent Bank at least for ten years prior to 1st February, 1989, the Bank is directed to settle the pension payable to the petitioner in terms of the Allahabad Bank Employees' Pension Regulations, 1995 as quickly as possible, but not later than three months from today and to reach the same to the petitioner within fifteen days from the date of settlement.