M A BASITH Vs. STATE BANK OF HYDERABAD

JUDGEMENT

(1.) The petitioner is assailing the proceedings dated 28-4-1990 and 12-3-1991 of the Respondents seeking consequential direction to the Respondents to reinstate the Petitioner with continuity of service and with back wages and other benefits.

(2.) The facts are very simple. The petitioner was working as a Cash Peon under the Respondents Bank. While so he, applied for three days leave from 4-2-1990 on the ground that he was suffering with bleeding piles. Since the bleeding continued and aggravated the situation, he was not in a position to walk of stand and then he was under medical treatment upto 25-04-1991.

(3.) While so,he received a communication from the 2nd Respondent on 7-3-1990 directing to report to duty within three days. By further communication dated: 23-3-1990 he was again advised to report for duty, failing which it shall be deemed that he was voluntarily retired from service. By letter dated 28-4-1990, it was declared that the petitioner was deemed to have retired from service from 4-2-1990 and further called upon the Petitioner to pay the Bank one month notice pay and allowances in view of the notice. The Petitioner submits that he could to make any representation in view of his health conditions. On 12-3-1991 the 1st Respondent issued another communication stating that his services were terminated under the voluntary vacation of services with effect from 4-3 -1990. The petitioner reported for duty on 26-4-1991 with medical fitness certificate, he was not allowed. The petitioner states that he made representations on 5-2-1991, 26-4-1991 and on 12-8-1991 requesting for posting orders. Since the Respondents refused to accede his request, he approached this Court for necessary relief.