RAJENDRA PRASAD SAXENA Vs. REWA SIDHI GRAMIN BANK

JUDGEMENT

(1.) THE petitioner, an employee of the erstwhile Rewa Sidhi Gramin Bank (hereinafter referred to as the Bank for brevity), has approached this Court by way of filing this writ petition seeking a direction against the respondents to regularise the period of absence of petitioner with effect from 7.8.1993 to 1.10.1996, treating it to be spent on duty and to pay the entire salary of the said period. It is contended by the petitioner that he entered into the services of the Bank in the year 1979. However, looking to certain circumstances in which the petitioner was compelled to function, he was forced to resign from the services of the Bank on 22.11.1982. Though a three months' period of notice was mentioned in the resignation letter, but the Chairman of the Bank accepted the resignation of the petitioner from the date of its making, by waiving the notice period. On 24.11.1982, the petitioner withdrew his resignation, but withdrawal was not accepted and such a request made by the petitioner was rejected. This compelled the petitioner to file a Civil Suit being Civil Suit No.134-A/1989 in the Court of II Civil Judge Class-II, Rewa. The Civil Suit was dismissed. Against the judgment and decree of dismissal of the suit, the petitioner preferred a Civil Appeal No.30-A/1990 before the District Judge, Rewa. The said appeal was allowed and a judgment and decree was granted in favour of the petitioner on 8.3.1991. The respondent-Bank preferred a Second Appeal before this Court being S.A.No.278/1991, but the same was dismissed on 15.12.1992. It is alleged by the petitioner that since the second appeal filed by the respondent-Bank was dismissed, the authorities of the Bank st]ed nourishing animosity against the petitioner and started harassing him. During the pendency of the litigation, the petitioner had suffered severe ailment like depression neurosis with panic anxiety dual. Knowing fully well all these hardships, which the petitioner was facing when he gave his joining he was posted in a far of place. The petitioner was taking treatment in the Medical College Rewa, his wife was in the service in All India Radio at Rewa and, therefore, as per the norms of the bank, the petitioner should have been accommodated in a nearby area, but was transferred in such a manner.

(2.) THESE were the circumstances in which on certain occasions, the petitioner was absent from duty or was on medical leave. Since his requests were not being considered by the respondent-Bank, he ultimately approached this Court by way of filing a writ petition being W.P.No.974/1995 in respect of his posting. The claim was also made for payment of salary of subsequent period. After the service of notice of the said writ petition on respondents and after hearing the respondents, this Court has disposed of the said writ petition in the following manner :-

(3.) A Letters Patent Appeal was preferred against this order by the Bank which was allowed by the Division Bench of this Court. This order passed in Letters Patent Appeal was challenged in Special Leave Petition before the Apex Court and the said SLP No.19249/1996 was disposed of on 12.4.1996 with the following order :-