SHASHIKANT S SHELDEKAR Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE petitioner, an employee of the respondent/bank remained absent from 12-9-1981 and that resulted into Departmental proceedings. Period of his absence was from 12-9-1981 to 10-7-1985. Departmental proceedings ended against him and he carried the matter in appeal. There the petitioner succeeded and he came to be reinstated. Thus the entire period of 12-9-1981 till 10-7-1985 had to be considered for the purpose of wages, allowances, increments, etc. if admissible on one hand and the continuity of service on the other.

(2.) HE was granted continuity of service only and therefore one of the prayers in the present petition is that he should be granted both the wages and increments.

(3.) THE matter does not stop here. On and from 11-7-85 the petitioner having been reinstated, he should have joined service. However, he was required to produce certificate of fitness from a Government Doctor and for this purpose the Bank had referred him to the Medical Board through the Dean, Medical College, Goa. As the petitioner was suffering from mental illness, the Board felt that his case could not be reviewed by the Board and the petitioner should therefore be referred to the Head of Department of the concerned branch of medicine. The matter continued in this manner right upto 3rd June, 1987, by which time eventually the Institute of Psychiatry and Human Behaviour was approached and on the strength of the certificate granted by that Institute, the petitioner eventually joined his duties on and from 3-6-1987.